Schoolcraft v. The City Of New York et al

Filing 600

DECLARATION of Alan H Scheiner in Opposition re: 566 FINAL MOTION for Attorney Fees for Levine & Gilbert and Peter J. Gleason, Esq.., 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by The City Of New York. (Attachments: # 1 Affidavit Declaration of Alan H Scheiner Previously Filed April 8, 2016, # 2 Exhibit Exhibit A, # 3 Exhibit Ex A-1, # 4 Exhibit Ex A-2, # 5 Exhibit Ex B, # 6 Exhibit Ex C, # 7 Exhibit Ec D, # 8 Exhibit Ex E, # 9 Exhibit Ex F, # 10 Exhibit Ex G, # 11 Supplement Ex H, # 12 Exhibit Ex I, # 13 Exhibit Ex J, # 14 Exhibit Ex K, # 15 Exhibit Ex L, # 16 Exhibit Ex M, # 17 Exhibit Ex N, # 18 Exhibit Ex O, # 19 Exhibit Ex P, # 20 Exhibit Ex Q, # 21 Exhibit Ex R, # 22 Exhibit Ex S, # 23 Exhibit Ex T, # 24 Exhibit Ex U, # 25 Exhibit Ex V, # 26 Exhibit Ex X, # 27 Exhibit Ex Y, # 28 Exhibit Ex Z, # 29 Exhibit Ex AA, # 30 Exhibit Ex BB, # 31 Exhibit Ex CC, # 32 Exhibit Ex DD)(Scheiner, Alan)

EXHIBIT D

Audit of the Reasonableness of the Hours Expended and Expenses Incurred by Jon
Norinsberg, Esq., Gerald Cohen, Esq., Joshua Fitch, Esq., John Meehan, Esq., Nicole Burzstyn,
Nathaniel Smith, Esq. , John Lenoir, Esq., Howard Suckle, Esq., James McCutcheon, Esq.,
Magdalena Bauza, Lysia Smejila, Jeannette Lenoir, Jeremy Smith, Harvey Levine, Esq., Peter
Gleason, Esq., Richard Gilbert, Esq. in connection with the action entitled Adrian Schoolcraft v
The City of New York, Jamaica Hospital Medical Center, Dr. Isak Isakov and Dr. Lillian
Aldana-Bernier

April 8, 2016

Table of Contents
1. Introduction ........................................................................................................... 1
2. Expert Qualifications ............................................................................................. 2
3. Overview of Fees and Costs ................................................................................. 2
4. Executive Summary .............................................................................................. 3
5. Standard of Review ............................................................................................. 18
6. Analysis............................................................................................................... 19
A. Work Performed Exclusively in Connection with the Medical Defendants ..... 19
The Norinsberg Group.............................................................................. 25
The Smith Group ...................................................................................... 26
The Gleason Group .................................................................................. 27
B. Work that was Unnecessary or Inappropriate to Bill a Defendant in a Fee
Shifting Claim ................................................................................................ 28
1) Substitution of Counsel ....................................................................... 28
The Norinsberg Group ................................................................... 29
The Smith Group .......................................................................... 30
The Gleason Group ....................................................................... 31
2) Deposition Digesting ........................................................................... 32
a) Adrian Schoolcraft Deposition .................................................. 35
b) Trainor Deposition .................................................................... 35
3) Ancillary Services................................................................................ 36
a) Meetings Regarding Ancillary Issues ....................................... 36
b) Press Relations/Lobbying ........................................................ 37
The Norinsberg Group ............................................................. 37
The Smith Group ...................................................................... 39
The Gleason Group .................................................................. 39

c) Departmental Hearing .............................................................. 41
The Smith Group ..................................................................... 42
The Gleason Group .................................................................. 42
C. Time Journals Deviate from Acceptable Billing Patterns and Practices ......... 44
1) Formula Billing .................................................................................... 46
The Norinsberg Group ................................................................... 46
2) Billing Increments................................................................................ 47
The Smith Group ......................................................................... 48
The Gleason Group ...................................................................... 49
3) Blocked Billing..................................................................................... 49
The Norinsberg Group ................................................................... 50
The Gleason Group ....................................................................... 50
The Smith Group .......................................................................... 50
4) Standardized Task Descriptions ......................................................... 51
The Smith Group ........................................................................... 51
The Norinsberg Group .................................................................. 53
5) Lack of Detail ...................................................................................... 54
The Norinsberg Group ................................................................... 54
The Smith Group .......................................................................... 55
6) Wrong Times and Dates ..................................................................... 56
The Smith Group .......................................................................... 56
a) Depositions ......................................................................... 56
i) Dr. Aldan-Bernier Deposition ................................... 57
Mr. Suckle ........................................................... 57
Mr. Lenoir............................................................ 57
Mr. Smith ............................................................ 57
ii) Mr. Purpi .................................................................. 57
Mr. Smith ............................................................ 58
iii) Mr. Whalen and Mr. Whittman’s Depositions ........... 58
Mr. Smith ............................................................ 58

7) Different Times Reported for the Same External Event ...................... 58
The Smith Group ........................................................................... 58
The Gleason Group ....................................................................... 59
a) April 10, 2013 Hearing ........................................................ 59
8) Communication Entries ....................................................................... 59
The Norinsberg Group ................................................................... 62
The Smith Group .......................................................................... 66
The Gleason Group ....................................................................... 68
9) Conclusion Regarding Lack of Contemporaneous Time Records ...... 68
The Norinsberg Group ................................................................... 68
The Smith Group ........................................................................... 69
The Gleason Group ....................................................................... 70
D. Lack of Billing Judgment ................................................................................ 71
1) Duplication in Effort and Other Inefficiencies ...................................... 74
a) Complaint ................................................................................. 75
i) Initial Complaint .................................................................. 76
ii) Second Amended Complaint .............................................. 78
iii) Third Amended Complaint .................................................. 79
b) Audio and Video Recordings .................................................... 80
c) Summary Judgment Motions.................................................... 81
d) Depositions .............................................................................. 86
i) Duncan Deposition ............................................................. 88
ii) Boston Deposition ............................................................... 89
iii) Medical Defendants Depositions: Dr. Aldana-Bernier and Dr.
Isakov ................................................................................. 90
iv) July 2014 City 30 (b) 6 Depositions: Purpi, Whalen, Whittman,
Valenti, Milone and Finnegan ............................................. 91
e) Trial Preparations ..................................................................... 92
i) Duplication of Effort within the Norinsberg Group ............... 93
a. Examination Outlines: Mr. Meehan .......................... 93
i. Caughey Cross Examination .............................. 93
ii. Weiss Cross Examination ................................... 94
iii. Trainor Cross Examination ................................. 94

iv. Lamstein Cross Examination .............................. 95
b. Examination Outlines: Cohen, Fitch and
Norinsberg ............................................................... 96
ii) Duplication of Effort within the Smith Group and Between the
Smith Group and the Norrinsberg Group ............................ 97
a. Jury Instructions ....................................................... 97
b. JPTO, Exhibits and Witness List .............................. 99
c. Pre-trial Conferences ............................................. 103
f) Mulitiparty Attendance at Meetings, Hearings, Conferences and
Depositions ............................................................................ 104
i) Client Meetings ................................................................. 104
ii) Witness Interviews ............................................................ 106
iii) Hearings/Conferences ...................................................... 106
iv) Meetings/Conferences ...................................................... 107
2) Conclusion Regarding Duplication of Effort and Other
Inefficiencies ..................................................................................... 108
The Smith Group ......................................................................... 108
The Norinsberg Group ................................................................. 109
E. Conclusion ................................................................................................... 109
7. Amount of Expenses from the City is Unreasonable ......................................... 109
The Smith Group .................................................................................... 109
Expenses Relating to Medical Defendants ....................................... 109
Expenses Relating to Experts ........................................................... 111
Travel Expenses ............................................................................... 110
Conclusion Regarding Reasonable Expenses ................................. .111
The Norinsberg Group............................................................................ 111
Norinsberg ........................................................................................ 111
Mr. Schoolcraft’s Expenses ......................................................... 111
Travel Expenses for Yeudeka Cepeda ........................................ 112
Office Supplies ........................................................................... .112
Website ....................................................................................... 112
Cohen ............................................................................................... 112
Conclusion Regarding Reasonable Expenses ................................. .112
The Gleason Group ................................................................................ 112
Gilbert ............................................................................................... 113
Gleason ............................................................................................ 113
Conclusion Regarding Reasonable Expenses ................................. .113

1. Introduction
Accountability Services, Inc. (“ASI”) has audited the invoices of Jon
Norinsberg, Esq. (“Norinsberg,” or “JLN”), Gerald Cohen, Esq. (“Cohen,” or
“GMC”), Joshua Fitch, Esq. (“Fitch,” or “JPF”), John Meehan, Esq. (“Meehan,” or
“JJM”), Nicole Burzstyn (“Burzstyn,” or “NB,” and together with Norinsberg,
Cohen, Fitch and Meehan, “the Norinsberg Group”), Nathaniel Smith, Esq.
(“Smith,” or “NBS”), John Lenoir, Esq. (“Lenoir,” or “JL”), Howard Suckle, Esq.
(“Suckle,” or “HS”), James McCutcheon (“McCutcheon” or “JJM”) Magdalena
Bauza (“Bauza,” or “MB”), Lysia Smejila (“Smejila,” or “LS”), Jeannette Lenoir (“J.
Lenoir,” or “JLL”), Jeremy Smith (“J. Smith,” or “JS,” and together with Smejila
and J. Lenoir, the “Smith Paralegals” and together with Smith, Lenoir, Suckle,
McCutcheon, and Bauza, “the Smith Group”), Harvey Levine, Esq. (“Levine”),
Peter Gleason, Esq. (”Gleason”) and Richard Gilbert, Esq. (“Gilbert,” and
together with Levine and Gleason, the “Gleason Group”) in connection with the
action (the “Litigation”) entitled Adrian Schoolcraft v The City of New York (the
“City”), Jamaica Hospital Medical Center (“JHMC”), Dr. Isak Isakov (“Isakov”) and
Dr. Lillian Aldana-Bernier (“Aldana-Bernier” and together with JHMC and Isakov,
the “Medical Defendants”), and has been asked to render an opinion with respect
to the reasonableness of the hours expended and the reasonableness of the
expenses and whether the billing practices of the various groups are consistent
with acceptable billing practices.
ASI reviewed the time journals for each of the individuals in the
Norinsberg Group and the Smith Group contained in Exhibits H, I, J, K, L, M, and
N to the plaintiff’s Motion for Attorney’s Fees and Costs Award dated December
16, 2015 (“Plaintiff’s Fee Motion”) and Exhibit A to the Affirmation of Gleason in
Support of Plaintiff’s Application for Attorney’s Fees and Costs (“Gleason
Affirmation”), Exhibit A to Richard A. Gilbert’s Affirmation in Support of Attorney’s
Fees, Expenses, and Costs (“Gilbert Affirmation”) and Exhibit A to Harvey A.
Levine’s Affirmation in Support of Attorney’s Fees, Expenses and Costs (“Levine
Affirmation” and together with the Gleason Affirmation and the Gilbert Affirmation,
the “Gleason Fee Motion,” and together with Plaintiff’s Fee Motion, the “Fee
Motions”) and all time journals listed in this report or contained in the exhibits
hereto are recreated from those exhibits, with the exception that the time for days
when Mr. Smith and Ms. Bauza travelled have been reduced to reflect the fact
that they billed half rates for travel, and Ms. Bauza’s time after 2013 has been
changed to reflect billing in six (6) minute increments as opposed to “real” time.
ASI notes that Mr. Fitch’s time journals (Exhibit J to the Plaintiff’s Fee
Motion) is sorted by billing increments, not days, making the review of the
reasonableness of these invoices overly cumbersome. In over twenty years of
reviewing legal bills, ASI has never seen legal bills presented in this fashion.

1

2. Expert Qualifications
This report has been prepared by Judith Bronsther, Esq., President of ASI.
Ms. Bronsther is admitted to practice law in New York (since 1980). Since 1992,
as President of Accountability Services, she has devoted all of her time to issues
surrounding reasonable attorneys’ fees. She has personally reviewed or
overseen the review of close to a billion dollars of legal fees, including many fee
applications opposed by governmental entities, including Guillermo Ruelas,
Oscar Miranda, Alejandro Espinoza et al. vs. The State of California by and
through the California Youth Authority; James Shelby; Christine Pike, Xavier Ruiz
and Walter Allen III, in their individual and official capacities; and DOES 1
through 20, inclusive, Port Authority Police Asian Jade Society of New York &
New Jersey et al. vs. The Port Authority of New York & New Jersey, Diane J.
Schroer v. Dr. James Billington, Library of Congress; Allison Palmer v. Colin
Powell; and Marguerite Cooper v. Condoleezza Rice. Ms. Bronsther has written
extensively on the issue of legal fees and has spoken at Continuing Legal
Education programs and corporate programs on the subject of legal cost control.
Attached as Exhibit 1 is a copy of Ms. Bronsther’s resume.
3. Overview of Fees and Costs
The City’s obligation, if any, to pay the legal fees and costs incurred by the
Smith Group, the Norinsberg Group and the Gleason Group in pursuing the
Litigation against the City is limited to those reasonably incurred. “Reasonably”
incurred is those fees that a reasonable bill paying client would pay and is
calculated by the lodestar (i.e., reasonable rates times reasonable hours).
In the Fee Motions, the Norinsberg Group, the Smith Group and the
Gleason Group are seeking the following fees and expenses from the City:

2

Hours
Norinsberg
Group
Norinsberg
Cohen
Fitch
Meehan
Burzstyn

Fees Sought

Expenses
Sought

Fees and Expenses
Sought

1,451.85
806.70
894.75
137.80
103.15
3,394.25

$600.00
$500.00
$500.00
$350.00
$125.00

$871,110,00
$403,350.00
$447,375.00
$48,230.00
$12,893.75
$1,782,958.75

$10,021.85
$3,800.00

1

$575.00
$575.00
$575.00
$250.00
$150.00
$125.00

$1,275,062.50
$736,575.00
$62,617.50
$5,845.00
$193,175.50
$55,272.50

$135,235.75

$2,328,548.00

$135,235.75

$63,810.00
$155,375.00
$70,734.00
$289,919.00

$4,630.45
$11,066.25
$15,696.70

$305,615.70

$4,401,425.75

Smith Group
Smith
Lenoir
Suckle
McCutcheon
Bauza
Smith
Paralegals
Gleason
Group
Gilbert
Gleason
Levine

Rate
Sought

$164,754.30

$4,566,180.05

2,217.50
2
1,281.00
108.90
23.38
3
1,287.83
442.18
5,360.79
120.62
310.754
74.32

Grand Total

$500
$500
$600

$13,821.85

$1,796,780.60

$2,463,783.75

4. Executive Summary
Amount of Attorney’s Fees Sought from the City is Unreasonable
As detailed in this report, in ASI’s opinion, the amount of fees sought from
the City in the Fee Motions is unreasonable for a number of reasons, including:
Work Performed Exclusively in Connection with the Medical
Defendants
Based on a review of the docket, a great deal of the work performed by
the Smith Group and the Norinsberg Group and some of the work performed by
the Gleason Group related exclusively to claims against the Medical Defendants.

1 Adjusted to account for travel time being billed at $287.50 per hour.
2 Adjusted to account for travel time being billed at $287.50 per hour.
3 Adjusted to account for travel time being billed at $75.00 per hour.
4 Adjusted to account for travel time being billed at $250.00 per hour.
3

The Norinsberg Group


ASI identified billing entries totaling over 269 hours (approximately 8% of
the aggregate hours) that mention work that was performed exclusively in
connection with the Medical Defendants.
The Smith Group



ASI identified billing entries totaling over 800 hours (approximately 15% of
the aggregate hours) that mention work that was performed exclusively in
connection with the Medical Defendants.
The Gleason Group



ASI identified billing entries totaling over 9 hours (approximately 2% of the
aggregate hours) that mention work that was performed exclusively in
connection with the Medical Defendants.

ASI notes that in addition to the work performed exclusively in connection
with the Medical Defendants, there was a great deal of work that related primarily
to but not exclusively to the Medical Defendants (e.g. the Second and Third
Amended Complaint) or related in part to claims unique to the Medical
Defendants (e.g. Plaintiff’s Summary Judgment Motion, preparing Mr.
Schoolcraft’s for his deposition and for trial, preparing for the Medical
Defendant’s deposition and cross- examination at trial), and ASI has not
specifically recommended a reduction for this work. In ASI’s opinion, this should
be taken into account when determining the appropriate reduction for duplication
in effort and other inefficiencies.
Work that was Unnecessary or Inappropriate to Bill to a Defendant in
a Fee Shifting Claim
Substitution of Counsel
In a little over five (5) years that the Litigation against the City was
pending, the Plaintiff changed legal teams five (5) times. Each of the changes
necessitated that new lawyers familiarize themselves with facts, documents and
law already known to the prior attorneys on the case, and not only created
duplication in effort, but also rendered the prior firm’s knowledge base obsolete
where prior counsel was completely removed from the case.
Many of the tasks associated with the change of counsel (or the
preparation of a retainer agreement for the initial counsel), such as meetings and
interviews with Mr. Schoolcraft, meetings and conferences with prior counsel or
co-counsel, drafting retainer agreements, and reviewing previously reviewed
documents and non-specific background documents, did not advance the
4

Litigation and would not have been billed had the Plaintiff not changed lawyers
(the “Cost of Substitution”).
The Norinsberg Group


The Norinsberg Group billed almost 57 hours in connection with the Cost
of Substitution.
The Smith Group



The Smith Group billed almost 82 hours in connection with the Cost of
Substitution.
The Gleason Group

The Gleason Group acknowledges that after they familiarized themselves
with the plaintiff and his case, read thousands of pages of discovery, and
reviewed hours of videos and transcripts, the group had “just begun the process
of formulating our litigation plan” when they were relieved of responsibility for the
Litigation. Clearly, their familiarity with the Plaintiff and the review of these
documents and videos did not advance the Litigation.


The Gleason Group billed more than 216 hours (approximately 43% of its
aggregate hours) in connection with the Cost of Substitution.
Deposition Digesting

Given the fact that depositions are indexed and fully searchable
electronically, most clients today will not pay for the cost of digesting or
summarizing depositions. Nonetheless, the Smith Group and the Norinsberg
Group billed more than 416 hours for digesting. Not only was there a
disproportionate amount of time billed for many of the digests, but digests for the
same deponent were drafted first by the Smith Group and then again by the
Norinsberg Group. And, when it came to trial, the attorneys reviewed the
transcripts, not the digests, except for a trivial amount of time that did not identify
the digests reviewed.
The Norinsberg Group


The Norinsberg Group billed more than 53 hours for digesting.
The Smith Group



The Smith Group billed almost 363 hours for digesting (much of this billed
by apparent relatives of attorneys Smith and Lenoir).

5

Ancillary Services
Ancillary issues that may have been troubling to the plaintiff, such as
NYPD disciplinary charges, the Queens District Attorney’s Press Release
exonerating NYPD personnel from criminality, and the continued use of plaintiff’s
name, image and recordings on the web by his discharged attorney Norinsberg,
should not be the City’s responsibility. Moreover, time spent on issues beneficial
to the plaintiff, but did not advance the interests of the litigation (e.g., press
relations, lobbying to get others involved in the Litigation, and a book deal)
should not be billed to the City. In total, ASI has calculated that the Smith Group
billed 51 hours (9.5% of its aggregate hours), the Norinsberg Group billed 103
hours (3% of its aggregate hours) and the Gleason Group billed 166.75 hours
(33% of its aggregate hours) in connection with Ancillary Services.
Meetings Regarding Ancillary Issues
The Gleason Group acknowledged that Mr. Gilbert travelled on two
occasions to meet with the plaintiff on ancillary issues. In connection with these
meetings and others that specifically related to ancillary issues, the Gleason
Group billed 43.75 hours.
Press Relations/Lobbying
The Norinsberg Group


In connection with media communications and lobbying to get others
involved in the Litigation, the Norinsberg Group billed over 96 hours.
The Smith Group



In connection with media communications and lobbying to get others
involved in the Litigation, the Smith Group billed over 30 hours.
The Gleason Group



In connection with media communications and lobbying to get others
involved in the Litigation, the Gleason Group billed over 60 hours.
Departmental Hearing
The Smith Group



In connection with Mr. Schoolcraft’s departmental hearing, the Smith
Group billed over 21 hours.

6

The Gleason Group


In connection with Mr. Schoolcraft’s departmental hearing, the Gleason
Group billed over 39 hours.

Time Journals Do Not Appear to Be Contemporaneous and Are
Exaggerated
The Norinsberg Group








Messrs. Norinsberg, Cohen and Fitch billed almost 132 hours for writing
and reviewing routine, very brief emails and correspondence, and more
often than not, two (2) or more of these gentlemen reviewed the same
document.
Over 432 hours (13% of their aggregate time) was block billed.
Messrs. Norinsberg, Cohen and Fitch billed over 877 hours (almost 28%
of their aggregate time) with virtually identical task descriptions and time
entries, indicating that these gentlemen did not record their own time
and/or keep contemporaneous time journals.
Over 191 hours (5.6% of their aggregate time) was recorded in a vague
fashion where ASI could not ascertain what issue, motion or witness the
timekeeper was working on.
Almost 225 hours were billed to communication entries, where the
average amount of time billed for email/correspondence was 9 minutes,
and the average amount of time billed for telephone calls was 36 minutes.
The Smith Group








The attorneys in the Smith Group billed primarily in 15 minute increments
and the paralegals in the Smith Group billed in 60 minute billing
increments.
Over 2,710 hours (51% of their aggregate time) was block billed.
Over 689 hours (12.8% of their aggregate time) was recorded in a vague
fashion where ASI could not ascertain what issue, motion or witness the
timekeeper was working on.
Smith attorneys recorded the wrong dates for depositions and even billed
time to attending a deposition when no deposition was held on that date.
Smith attorneys recorded different amounts of time for attending the same
external event.
Almost 87 hours were billed to communication entries, where the average
amount of time billed for email/ correspondence was 65 minutes, and the
average amount of time billed for telephone calls was 53 minutes.

7

The Gleason Group





The attorneys in the Gleason Group billed primarily in 15 minute
increments.
Over 273 hours (54% of their aggregate time) was block billed.
Mr. Gilbert reported attending a hearing (the only one he attended) on the
wrong date.
Almost 42 hours were billed to communication entries, where the average
amount of time billed for email/ correspondence was 11.60 minutes, and
the average amount of time billed for telephone calls was 33 minutes.
Lack of Billing Judgment

In order for an attorney to meet his/her ethical obligation to charge for fees
that are reasonable, the attorney must exercise billing judgment. In essence, the
attorney must carefully review the invoices and write off fees that were actually
incurred, but were excessive, duplicative, or unnecessary. The Smith Group, the
Norinsberg Group and the Gleason Group are seeking reimbursement for time
which in ASI’s opinion is obviously non-reimbursable leading ASI to the
conclusion that none of the groups carefully reviewed their invoices to write-off
even items that were clearly non-reimbursable.
The Smith Group


Among other things, the Smith Group is seeking reimbursement for
secretarial services, including printing and scanning documents.
The Norinsberg Group



Among other things, the Norinsberg Group is seeking reimbursement for
drafting its own retainer agreement and working on Mr. Schoolcraft’s book
deal.
The Gleason Group



Among other things, the Gleason Group is seeking compensation (time at
attorney rates and expenses) for purchasing iPhones, a cell phone
contract, computer equipment and clothing for Mr. Schoolcraft, hand
delivering letters and subpoenas, purchasing train tickets, and transporting
files.
Duplication of Effort and Other Inefficiencies

Since a law firm’s fees must be reasonable, it has an obligation to assign
the appropriate number of people at the appropriate levels of experience to
handle a matter, and maintain a reasonable degree of continuity in staffing
8

throughout the course of the representation. In so doing, a law firm will reduce
redundant and inefficient work. This was not the case in the instant situation.
The Norinsberg Group and the Smith Group did not assign discreet
aspects of the Litigation to different attorneys. Rather, they adopted a team
approach where, for the most part, all issues, complex or not, were reviewed by
multiple senior attorneys. Examples of this team approach included the following:
The Complaint
In connection with multiple amendments to the complaint, two (2) Motions
to Amend and a Motion for Reconsideration, the Norinsberg Group and the Smith
Group billed more than 388 hours.5 A review of the time journals and time
expenditures reveals pronounced duplication in efforts and other inefficiencies.
The Norinsberg Group
From the date of its retention to the date of filing the initial complaint, the
Norinsberg Group billed 479.70 hours. The Norinsberg Group familiarized
themselves with the facts and applicable law and drafted the compliant. Two (2)
or more individuals reviewed almost every issue, and three (3) attorneys ping
ponged the drafting of the complaint back and forth, spending an aggregate of
140 hours for drafting and discussing the complaint.
The Smith Group
In connection with the Third Amended Complaint, which corrected prior
errors and asserted a federal claim against the Medical Defendants, which was
unsuccessful, the Smith Group billed almost 100 hours. Mr. Smith, Mr. Lenoir
and Ms. Bauza worked in tandem on this amended complaint and the related
motion to amend.
ASI also notes that all versions of the complaint had medical malpractice
claims, claims that were peculiar to the Medical Defendants and not in any way
related to the facts or causes of action relating to the City.
Audio and Video Recordings
The Smith Group and the Norinsberg Group billed over 560 hours
reviewing audio and video recordings. The vast majority of the time journals
relating to the audio and video recordings were vague, making it impossible to
ascertain whether different timekeepers were reviewing the same recording.
However, when the time journals detailed the actual recording that was being
reviewed, it became clear that multiple timekeepers were reviewing the same
recording.
5 Does not include the 339.13 hours that the Norinsberg Group billed for its retention and
familiarizing themselves with the facts and law in connection with the complaint.
9

Summary Judgment Motions
Six (6) Motions for Summary Judgment were filed, one (1) by the City, one
(1) by Mauriello, one (1) by the Plaintiff and three (3) by the Medical Defendants.
In connection with these various summary judgment motions, the Smith Group
and the Norinsberg Group billed over 863 hours. Almost 37% of the time (320
hours) was too vague to determine which summary judgment motion the time
related to. Not only do the vague time records obscure potential duplication in
effort, but they obviate the ability to properly allocate all of the time spent on the
Medical Defendants’ summary judgment motions.
Nonetheless, when the time journals were specific enough to ascertain
which motion the Smith Group and the Norinsberg Group were working on, it
became evident that there was a great deal of duplication in effort between the
two (2) groups and within each group.
Depositions
Excluding deposition digesting discussed above, the Smith Group billed
an aggregate of 1,182.516 hours and the Norinsberg Group billed an aggregate
of 240.507 hours in connection with 41 deposition sessions (34 deponents).8
Thirty-eight of the 41 deposition sessions were attended by multiple attorneys,
with three (3) being attended by three (3) timekeepers. ASI notes that not only
did multiple attorneys attend and prepare for these depositions, but multiple (and
often different) attorneys reviewed the deposition transcripts. By way of
comparison, the City had multiple attorneys at only two (2) sessions of the
Schoolcraft deposition and the Lauterborn deposition.
Trial Preparations
The Smith Group billed 470.72 hours and the Norinsberg Group billed
1,440.87 hours in connection with trial preparations. The Norinsberg Group
seems to have taken the lead of the Litigation during the trial phase, being
responsible for almost all of the examination outlines, leaving primary
responsibility for only the Eterno direct examination, the jury instructions and the
JPTO with the Smith Group. Nonetheless, in ASI’s opinion, there was a great
deal of duplication in effort between the two groups and within each group.

6 Included in this time is 260.50 hours of time relating to depositions that was vague or related to
general deposition issues.
7 Included in this time is 56.20 hours of time relating to depositions that was vague or related to
general deposition issues.
8 ASI has excluded depositions that related entirely to the Medical Defendants i.e., Dhar, Maffia,
Halpren-Ruder and Lubit, but notes that all of the issues that ASI has identified as unreasonable
(e.g. duplication in effort and excessive amount of time) was equally present in these depositions.
10

The Norinsberg Group
It appears as if the Norinsberg Group brought Mr. Meehan onto the team
to assist in examination outlines. Mr. Meehan billed 135.90 hours in connection
with such outlines, and as set forth below, it appears as if his work was
duplicative of the work performed by Mr. Norinsberg. In a relatively consistent
pattern, Mr. Meehan would spend a substantial amount of time working on a
cross examination outline (e.g., he spent 38 hours working on Caughey’s
examination) and then Mr. Norinsberg would “start” working on the same outline
spending, at times, as much or more time as Mr. Meehan.
The Smith Group
Excluding time specifically related to jury instructions in connection with
the Medical Defendants,9 the Smith Group billed 112.24 hours and the
Norinsberg Group billed 4.95 hours for the jury instructions. In August 2013, Mr.
Smith and Ms. Bauza spent an extraordinary amount of time on a “jury instruction
project,” revised them in March 2014 and then in 2015, Mr. Lenoir, Mr. Cohen,
Mr. Norinsberg and Mr. Fitch all reviewed the instructions
Duplication Between the Norinsberg Group and the Smith
Group
JPTO, Witness List and Exhibit List
The Smith Group recorded over 107 hours and the Norinsberg Group
recorded over 43 hours in connection with the JPTO, Witness List and Exhibit
list. Five (5) senior attorneys and two (2) paralegals were working together and
duplicating the efforts of the other.
Pre-Trial Conferences
Mr. Smith and Ms. Bauza from the Smith Group and Messrs. Norinsberg,
Fitch and Cohen from the Norinsberg Group prepared for and attended two (2)
pre-trial conferences, billing almost 40 hours for these two (2) short conferences.
Multiparty Attendance at Meetings, Hearings,
Conferences and Depositions
Excluding preparation time for meetings, hearings, conferences and
deposition attendance (other than that which was block billed on the date of the
event), the Norinsberg Group billed 256 hours (7.5% of their aggregate time),
the Smith Group billed 1,043 hours (19% of their aggregate time), and the
9 An aggregate of 57.10 hours were billed relating to jury instructions relating to the Medical
Defendants.
11

Gleason Group billed 81 hours (16% of their aggregate time) to events where
more than two (2) and often three (3) attorneys were in attendance. This
duplication in effort was especially unjustified given the seniority of the staff (in
most cases all of those attending were billed at partner-level rates).
Client Meetings
The Norinsberg Group billed over 153 hours, the Smith Group billed over
319 hours, and the Gleason Group billed over 129 hours for meetings and calls
with Mr. Schoolcraft. Most surprising was that there were 12 meetings with Mr.
Schoolcraft where multiple attorneys/clerks (usually three (3)) travelled to his
home and attended the meetings. The aggregate hours for these meetings
exceeded 240 hours.
Witness Interviews
The Norinsberg Group billed over 190 hours and the Smith Group billed
over 24 hours in connection with witness interviews.
The Norinsberg Group
Duplication was most pronounced in the Norinsberg Group where Mr.
Cohen and Mr. Fitch both attended ten (10) witness interviews together and
attended an additional witness interview with Mr. Norinsberg.
Hearings/Conferences
As set forth on the following page, all but five (5) hearings/ conferences
held in the Litigation were attended by at least two (2) and as many as six (6)
timekeepers:

12

GMC

JPF

X
X
X
X
X
X

Court Appearance
1/26/11 (Motion to Dismiss)
9/28/11 (Motion to Compel)
2/8/12 (Pre-Trial Conference)
3/28/12 (Privilege)
5/9/12(Complaint)
10/24/12 (Motion to Compel)
6/5/13 (Motion to Compel)
9/25/13 (Discovery
10/16/13 (Misc. Motions)
11/13/13 (Video Hearing)
1/15/14 (Discovery)
3/26/14 (Discovery)
4/9/14 (Raymond)
4/30/14 (Protective Order)
5/28/14 (Notice 30B)
6/9/14 (Trial Status)
10/29/14 (Status Conference)
1/14/15 (Summary Judgment)
2/2/15 (Summary Judgment)
4/13/15 (Pre-Trial Conference)
5/12/15 (Pre-Trial Conference)

X
X
X
X
X

X
X

X
X

JLN
X
X
X
X
X

X
X

NBS

X
X
X
X
X
X
X
X
X
X
X
X
X
X

HS

X

MB

X
X
X
X

X
X

X
X

JL

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

Meetings/Conferences
As set forth below, meetings and conference calls were usually staffed
with at least two (2) and often three (3) senior attorneys:
GMC

JPF

JLN

X
X

Meetings
7/30/10 (Polanco, Raymond)
7/31/10 (Polanco)
9/22/10 (Lobbying)
9/23/10 (Center for Constitutional Rights)
9/27/10 (DOJ)
9/27/10 (Lobbying)
10/27/10 (Velez)
1/20/12 (Discovery)
4/11/13 (Rae Koscheck)
5/16/13 (Departmental Hearing)
5/18/13 (Departmental Hearing)
9/19/13 (Precinct Inspection)
10/2/13 (Hospital Inspection)
12/24/13 (Settlement)
12/26/13 (Exhibits)
3/4/14 (Discovery)
4/1/14 (Settlement)
4/14/14 (Settlement)
4/16/14 (Settlement)
5/8/14 (Settlement)
9/11/15 (Settlement)
7/2/12 (Larry Schoolcraft)
3/27/13 (Gleason)
5/13/14 (Ferrara)
5/13/13 (Helena Melisi)
1/7/15 (James McCutcheon)
2/26/15 (Mary Soeto)
10/23/13 (Eterno)
6/7/13 (Potential Experts)
6/13/14 (Eterno)
7/30/14 (LE Experts)
8/4/14 (Eterno)
10/4/14 (Eterno)

X
X
X
X
X
X
X
X

X

X
X
X
X
X

X
X

X

13

X

NBS

HS

MB

JL

X
X
X
X

X

X

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X

X
X
X
X
X
X
X

X

X

X
X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X
X

Conclusion Regarding Duplication in Effort and Other
Inefficiencies
In ASI’s opinion, the Norinsberg Group, the Smith Group and the Gleason
Group failed to exercise billing judgment and the unnecessary duplication in
effort was pervasive, especially considering the seniority of the staff. Moreover,
no reduction has been made for a great deal of work performed by the
Norinsberg Group and the Smith Group relating to the Medical Defendant (e.g.,
the Second and Third Amended Complaint, preparing Mr. Schoolcraft for his
deposition and preparing for the Medical Defendants depositions) as the tasks
were not exclusively performed in connection with the Medical Defendant.
Accordingly, in ASI’s opinion, a reasonable, if not conservative reduction
would is 50% of the amount of time billed by the Smith Group and the Norinsberg
Group. ASI is not recommending a further reduction to the Gleason Group in light
of the fact that ASI has previously recommended writing off most of their time
because it is non-compensable due to the fact that most of their work was
unnecessary or inappropriate to bill to a defendant in a fee shifting claim. Set
forth below are the hours for the various groups, which in ASI’s opinion are
reasonable:
Reasonable Hours

Norinsberg Group
Cohen
Fitch
Norinsberg
Meehan
Burzstyn

311.79
295.46
557.75
58.23
22.69
1245.92

Smith Group
Smith
Lenoir
Suckle
McCutcheon
Bauza
J. Lenoir
L. Smejila
J. Smith

764.05
424.03
38.07
9.31
377.2
4.8
1.2
17.29
1635.95

Gleason Group
Levine
Gleason
Gilbert

3.88
95.85
20.10
119.83

14

Amount of Expenses from the City is Unreasonable
The Smith Group
The Smith Group is requesting $135,235.75 in expenses, after deducting
$14,259 of expenses relating to Dr. Lubit’s time preparing for trial after the City
tendered their Offer of Judgment and $1,984.43 for the cost of housing for the
plaintiff on the eve of the trial of the action against the Medical Defendants.
In ASI’s opinion, the following expenses were either unreasonable and/or
not the City’s responsibility to reimburse:
Expenses Relating to Medical Defendants
The Smith Group is requesting reimbursement aggregating $55,945.99 for
expenses relating solely to the Medical Defendants. Such expenses include:
5/20/2014
7/7/2014
9/20/2014
10/21/2014
10/31/2014
11/25/2014
12/2/2014
12/4/2014
12/8/2014
12/12/2014
11/17/2015

JHMC-Mafia 30 (b) (6) ebt tr
Dhar Dep Tr
Dr. Halpren-Ruder Fees and expenses for Deposition
Dr. Halpren-Ruder Fees
Patel day two ebt tr
Federal Express documents to Dr. Roy Lubit
Federal Express Dr. Roy Lubit deposition transcript, dated September
2014
Anthony Maffia deposition transcript to Veritext court reporting
Attorney Maffia deposition transcript to Gregory Radomisli by regular mail
Dr. Roy Lubit third deposition transcript by mail
Dr. Lubit invoice and time records at $500 per hours and $4,500 per half
day

$711.00
$1,081.38
10
$4,010.35
$4,400.00
$523.42
$20.00
$21.94
$711.00
$5.45
$5.45
$44,456.00
$55,945.99

Expenses Relating to Experts
The Smith Group is requesting additional expert-related reimbursements
aggregating $16,538.3011, including a $188 dinner which is not a reasonable
expense. I am advised that as a matter of law, expert fees are not recoverable in
Section 1988 cases. Such expenses include:

10 Paragraph 33 (c) of the Affirmation of Nathaniel B. Smith in Support of Plaintiff’s Application
for Attorney’s Fee and Costs (“Smith Affirmation”) state that Dr. Halpren-Ruder’s invoices total
$8,922.70. In fact, the invoices total $8,410.35.
11 Paragraph 33 (d) and (e) of the Smith Affirmation states that $7,200 in expert fees were paid
to Professor Eterno and $7,350 were paid to Professor Silverman. The expenses listed on Exhibit
I to Plaintiff’s Fee Motion total $16,538. ASI notes that the payments to Professor Eterno on
August 23, 2014 and the payments to Professor Silverman on August 30, 2014 appear to be
duplicate expenses.
15

6/24/2014
7/11/2014
7/11/2014
9/8/2014
9/23/2014
9/23/2014
9/30/2014
9/30/2014

Dinner with Expert
Eli Silverman Ckt #2973
John Eterno Ckt #2974
Eli Silverman hk #2986
Eternon chk #2991
John Eterno expert fee
Eli Silverman: chk #2994
Eli Silverman expert fee

$188.30
$3,000.00
$3,000,00
$1,950.00
$1,800.00
$1,800.00
$2,400.00
$2,400.00
$16,538.30

Travel Expenses
The Smith Group is requesting reimbursement for $6,971.62 for travel
expenses. The only back-up documentation for travel expenses were three (3)
invoices for the Parke Slope Inn, which all appear to be invoices for Mr.
Schoolcraft’s visits to New York.12 One invoice is for $716.21 for the time period
July 1, 2014 through July 4, 2014, another is for $1,193.68 for the time period
December 19, 2013 through December 24, 2013. In ASI’s opinion it is not
appropriate to ask the City to reimburse Mr. Schoolcraft’s expenses.
No other back-up documentation was provided. In ASI’s opinion, until such
documentation is provided and the expenses determined to be reasonable, these
expenses should not be the City’s obligation.
Conclusion Regarding Reasonable Expenses
In ASI’s opinion, the reasonable expenses for the Smith Group equal
$55,779.84.
The Norinsberg Group
Norinsberg
Norinsberg is requesting reimbursement of $10,021.85 in expenses
without providing any back-up documentation in connection with such expenses.
ASI notes that this is in addition to the $4,630.45 that the Gleason Group is
claiming as having been paid to Norinsberg.
ASI notes that Norinsberg is seeking compensation for the following
expenses, which in ASI’s opinion are clearly not reimbursable:

12 The Smith Group is not seeking reimbursement for one of the invoices in the amount of
$1,984.42.
16

Mr. Schoolcraft’s Expenses
7/6/2010
7/7/2010
1/6/2012
3/14/2012
8/9/2012

Western Union for Schoolcraft (travel NYC)
Hamptons Inns (NY)
Cosmopolitan Hotel
Western Union for Schoolcraft (travel NYC)
Hotel Albany (room for plaintiff/rental of conference room)

$212.00
$300.70
$208.91
$329.00
$764.56
$1,815.17

Travel Expenses for Yeudeka Cepeda
7/6/2010

Yeudeka Cepeda (cash advance for travel to NYC)

$300.00

Office Supplies
9/14/2010
9/20/2010
9/27/2010
10/22/2010
10/25/2010
8/15/2011

J&R Music World (3 250 gb Hard drives and case)
J&R Music World (1tb gb Hard Drive)
Staples (8gb USB Flash Drive)
Staples
Staples (8gb USB Flash Drive)
Staples (4gb USB Flash Drive)

$232.95
$72.48
$33.76
$38.10
$21.76
$54.38
$453.43

Website
10/4/2010
10/15/2010
11/4/2010
11/4/2010

Off the Page Creations
Off the Page Creations
Off the Page Creations
Off the Page Creations

www.schoolcraftjustice. com
www.schoolcraftjustice. com
www.schoolcraftjustice. com
www.schoolcraftjustice. com

$110.00
$60.00
$581.40
$570.00
$1321.40

In ASI’s opinion, until documentation is provided for all of Norinsberg’s
expenses and the expenses are determined to be reasonable, these expenses
should not be the City’s obligation.
Cohen
Cohen is requesting reimbursement of $3,800.00 in expenses, without
providing any itemization or back-up documentation In ASI’s opinion, until
documentation is provided for all of Cohen’s expenses and the expenses are
determined to be reasonable, these expenses should not be the City’s obligation.
Conclusion Regarding Reasonable Expenses
In ASI’s opinion, it is not reasonable to ask the City to reimburse any of
the Norinsberg Group’s expenses.

17

The Gleason Group
Gilbert
Gilbert is requesting reimbursement of $4,630.45 in expenses, the amount
which he paid to Norinsberg “in order to secure the release of plaintiff’s litigation
file from the outgoing attorney.”13 No itemization or back-up documentation was
provided. Accordingly, in ASI’s opinion, until such documentation is provided and
the expenses determined to be reasonable, these expenses should not be the
City’s obligation.
Gleason
Gleason is requesting reimbursement of $11,066.25 for expenses, without
providing itemization or back-up documentation for $4,088.00 in expenses.
Accordingly, in ASI’s opinion, until documentation is provided for the $4,088.00
and such expenses are determined to be reasonable, these expenses should not
be the City’s obligation. In addition, the gifts for Mr. Schoolcraft totaling
$3,397.0014 should not be the responsibility of the City.
Conclusion Regarding Reasonable Expenses
In ASI’s opinion, the reasonable expenses for the Gleason Group equal
$3,581.25.
5. Standard of Review
It is black letter law that a legal fee must be “reasonable.” The initial
estimate of a reasonable attorney's fee is properly calculated by multiplying the
number of hours reasonably expended on the Litigation times a reasonable
hourly rate. A strong presumption exists that the product of these two variables the "lodestar figure" - represents a "reasonable fee." When determining the
number of hours reasonably expended, inadequate documentation may result in
a reduction in the number of hours claimed, as will a claim for hours a court
deems excessive, redundant, or otherwise unnecessary.
Fee applications in federal court must be accompanied by meticulous and
contemporaneous time records. Contemporaneous time records should be kept
by each attorney and paralegal and should specify the date the work was
13 Gilbert Affirmation, Paragraph 6.
14 Gleason is requesting reimbursement of $638 for purchasing business attire for Mr.
Schoolcraft and $2,759 for providing “AS with Apple laptop, printer/scanner and two iPhones. Set
up Verizon cell phone service for two iPhones for 12 month contract at $144.97 per line per
month.”
18

performed, the hours expended and the nature of the work done. The burden is
on the law firm to keep and present records of contemporaneous journals
prepared by each of the attorneys and paralegals.
If time records are not kept contemporaneously, the reliability of the time
records is called into question. An individual, who reconstructs his or her
schedule days or even weeks after the work is performed, cannot hope to
achieve the accuracy that the client deserves.
As the Supreme Court said in Hensley v. Eckerhart, 461 U.S. 424, 103
S.Ct. 1933 (1983):
The party seeking an award of fees should submit evidence
supporting the hours worked and rates claimed. Where the
documentation of hours is inadequate, the district court may
reduce the award accordingly. The district court also should
exclude from this initial fee calculation hours that were not
“reasonably expended.” Cases may be overstaffed, and the
skill and experience of lawyers vary widely. Counsel for the
prevailing party should make a good faith effort to exclude
from a fee request hours that are excessive, redundant, or
otherwise unnecessary, just as a lawyer in private practice
ethically is obligated to exclude such hours from his fee
submission.
6. Analysis
A. Work Performed Exclusively in Connection with the Medical
Defendants
Based on a review of the docket, as set forth below, a great deal of the
work performed by the Smith Group and the Norinsberg Group and some of the
work performed by the Gleason Group related exclusively to claims against the
Medical Defendants.

15

9/7/2010

16

9/7/2010

18

9/10/2010

23

9/30/2010

24

9/30/2010

25

10/6/2010

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Jamaica Hospital Medical Center.(Radomisli, Gregory)
(Entered:09/07/2010)
ANSWER to Complaint with JURY DEMAND. Document filed by Jamaica Hospital
Medical Center.(Radomisli, Gregory) (Entered: 09/07/2010)
ANSWER to Complaint with JURY DEMAND. Document filed by Isak Isakov.(Lee,
Brian) (Entered: 09/07/2010)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Lillian Aldana-Bernier.(Brady, Bruce) (Entered: 09/30/2010)
ANSWER to Complaint with JURY DEMAND. Document filed by Lillian AldanaBernier.(Brady, Bruce) (Entered: 09/30/2010)
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Jamaica
Hospital Medical Center. Related document: 21 Amended Complaint,,,,,, filed by
Adrian Schoolcraft.(Radomisli, Gregory) (Entered: 10/06/2010)

19

26

10/12/2010

27

10/12/2010

28

10/12/2010

39

10/27/2010

46

11/8/2010

47

11/8/2010

48

11/8/2010

50

11/11/2010

51

11/11/2010

52

11/11/2010

53

11/11/2010

58

1/20/2011

59

2/14/2011

61

6/23/2011

62

6/23/2011

63

6/23/2011

65

8/15/2011

67

10/5/2011

68

10/12/2011

106

10/15/2012

112

10/19/2012

114

10/22/2012

149

4/8/2013

198

11/14/2013

MOTION to Dismiss. Document filed by Jamaica Hospital Medical Center. Return
Date set for 11/17/2010 at 12:00 PM.(Radomisli, Gregory) (Entered: 10/12/2010)
MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss.. Document filed by
Jamaica Hospital Medical Center. (Radomisli, Gregory) (Entered: 10/12/2010)
DECLARATION of Gregory J. Radomisli in Support re: 26 MOTION to Dismiss..
Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit "A,"
Part One, # 2 Exhibit "A," Part Two, # 3 Exhibit "A," Part Three, # 4 Exhibit "B", # 5
Exhibit "C," Part One, # 6 Exhibit "C," Part Two, # 7 Exhibit "D")(Radomisli, Gregory)
(Entered: 10/12/2010)
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Isak
Isakov.(Lee, Brian) (Entered: 10/27/2010)
REQUEST for Production of Documents.Document filed by Isak Isakov.(Lee, Brian)
(Entered: 11/08/2010)
INTERROGATORIES to plaintiff.Document filed by Isak Isakov.(Lee, Brian) (Entered:
11/08/2010)
NOTICE to Take Deposition of plaintiff Adrian Schoolcraft on February 28, 2011
at10:00 a.m..Document filed by Isak Isakov.(Lee, Brian) (Entered: 11/08/2010)
SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO Corporate
Parent. Document filed by Lillian Aldana-Bernier.(Brady, Bruce) (Entered:
11/11/2010)
ANSWER to Amended Complaint with JURY DEMAND. Document filed by Lillian
Aldana-Bernier. Related document: 21 Amended Complaint,,,,,, filed by Adrian
Schoolcraft.(Brady, Bruce) (Entered: 11/11/2010)
FIRST SET OF INTERROGATORIES to Adrian Schoolcraft.Document filed by Lillian
Aldana-Bernier.(Brady, Bruce) (Entered: 11/11/2010)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Isak Isakov.(Lee, Brian) (Entered: 11/11/2010)
REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss.. Document
filed by Jamaica Hospital Medical Center. (Radomisli, Gregory) (Entered: 01/20/2011)
ORDER: Defendant Jamaica Hospital Medical Center's letter, dated February 10,
2011, will be treated as a motion to stay discovery and will be heard on submission,
without oral argument, on Wednesday, March 2, 2011. (Signed by Judge Robert W.
Sweet on 2/14/2011) (jar) (Entered: 02/14/2011)
ANSWER to Interrogatories.Document filed by Isak Isakov.(Lee, Brian) (Entered:
06/23/2011)
RESPONSE to Discovery Request from plaintiff.Document filed by Isak Isakov.(Lee,
Brian) (Entered: 06/23/2011)
REQUEST for Production of Documents.Document filed by Isak Isakov.(Lee, Brian)
(Entered: 06/23/2011)
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Isak Isakov.(Lee, Brian)
(Entered: 08/15/2011)
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Isak Isakov.(Lee, Brian)
(Entered: 10/05/2011)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to
Approve to "so order" stipulation and protective order. Document filed by Isak
Isakov.(Lee, Brian) Modified on 10/13/2011 (db). (Entered: 10/12/2011)
ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by
Jamaica Hospital Medical Center.(Radomisli, Gregory) (Entered: 10/15/2012)
ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed by
Isak Isakov.(Lee, Brian) (Entered: 10/19/2012)
ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND. Document filed
byLillian Aldana-Bernier.(Brady, Bruce) (Entered: 10/22/2012)
JOINT REPLY MEMORANDUM OF LAW in Support re: 135 MOTION to Quash
Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.
Reply MOL for letter-motion to limit contact with the media. Document filed by Lillian
Aldana-Bernier, Isak Isakov, Jamaica Hospital Medical Center. (Radomisli, Gregory)
(Entered: 04/08/2013)
LETTER addressed to Judge Robert W. Sweet from Matthew J. Koster dated
November 13, 2013 re: Further support of defendants motion for a protective order.
Document filed by Lillian Aldana-Bernier.(Koster, Matthew) (Entered: 11/14/2013)

20

244

4/15/2014

250

4/28/2014

282

11/3/2014

284

11/3/2014

295

12/18/2014

296

12/18/2014

321

12/26/2014

325

1/5/2015

326

1/5/2015

327

1/5/2015

329

1/8/2015

330

1/8/2015

331

1/8/2015

332

1/8/2015

334

1/8/2015

335

1/8/2015

LETTER MOTION for Conference addressed to Judge Robert W. Sweet from Gregory
J. Radomisli dated April 15, 2014. Document filed by Jamaica Hospital MedicalCenter.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Radomisli,Gregory) (Entered:04/15/2014)
LETTER RESPONSE in Support of Motion addressed to Judge Robert W. Sweet from
Gregory J Radomisli dated April 28, 2014 re: 244 LETTER MOTION for Conference
addressed to Judge Robert W. Sweet from Gregory J. Radomisli dated April 15, 2014.
. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1
Exhibit1)(Radomisli, Gregory) (Entered: 04/28/2014)
LETTER addressed to Honorable Sir from Brian E. Lee dated 10/14/2014 re: Approval
of the briefing schedule for the dispositive motions in this case. (ajs) (Entered:
11/03/2014)
LETTER addressed to Judge Robert W. Sweet from Gregory J. Radomisli dated
10/6/2014 re: Request to adjourn trial date. (ajs) (Entered: 11/03/2014)
DECLARATION of Gregory J. Radomisli in Opposition re: 290 MOTION to
Amend/Correct .. Document filed by Jamaica Hospital Medical Center. (Attachments: #
1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C part 1, # 4 Exhibit Exhibit
C part 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E part 1, # 7 Exhibit Exhibit E part 2,
# 8 Exhibit Exhibit E part 3, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit
Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14xhibit Exhibit K, # 15 Exhibit
Exhibit L, # 16 Exhibit Exhibit M, # 17 Exhibit Exhibit N, # 18 Exhibit Exhibit O, # 19
Exhibit Exhibit P, # 20 Exhibit Exhibit Q, # 21 Exhibit Exhibit R, # 22 Exhibit Exhibit S,
# 23 Exhibit Exhibit T, # 24 Exhibit Exhibit U, # 25 Exhibit Exhibit V, # 26 Exhibit
Exhibit X)(Osterman, Brian) (Entered: 12/18/2014
MEMORANDUM OF LAW in Opposition re: 290 MOTION to Amend/Correct . .
Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
(Entered:12/18/2014)
ENDORSED LETTER addressed to Judge Robert W. Sweet from Brian Osterman
dated 12/18/2014 re: Request that the Court defendant JHMC leave to file
accompanying exhibits CD in lieu of paper copies. ENDORSEMENT: So ordered.
(Signed by Judge Robert W. Sweet on 12/26/2014) (ajs) (Entered: 12/31/2014)
MOTION for Summary Judgment . Document filed by Jamaica Hospital Medical
Center. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 10:00
AM.(Osterman, Brian) (Entered: 01/05/2015)
DECLARATION of Gregory J. Radomisli in Support re: 325 MOTION for Summary
Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1
Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C part 1, # 4 Exhibit Exhibit
C part 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E part 1, # 7 Exhibit Exhibit E part 2,
# 8 Exhibit Exhibit E part 3, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit
Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14 Exhibit Exhibit EE, # 15
Exhibit Exhibit FF, # 16 Exhibit Exhibit HH)(Osterman, Brian) (Entered: 01/05/2015)
MEMORANDUM OF LAW in Support re: 325 MOTION for Summary Judgment. .
Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
(Entered:01/05/2015)
MOTION for Summary Judgment. Document filed by Lillian Aldana-Bernier.
Responses due by 1/21/2015 Return Date set for 1/28/2015 at 10:00 AM. (Callan,
Paul) (Entered: 01/08/2015)
DECLARATION of Paul F. Callan in Support re: 329 MOTION for Summary Judgment
.. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit 2nd amended
complaint, # 2 Exhibit answer to 2nd amended complaint)(Callan, Paul) (Entered:
01/08/2015)
RULE 56.1 STATEMENT. Document filed by Lillian Aldana-Bernier. (Callan, Paul)
(Entered: 01/08/2015)
MEMORANDUM OF LAW in Support re: 329 MOTION for Summary Judgment . .
Document filed by Lillian Aldana-Bernier. (Callan, Paul) (Entered: 01/08/2015)
MOTION to Dismiss and for other relief. Document filed by Isak Isakov. Responses
due by 1/21/2015 Return Date set for 1/28/2015 at 12:00 PM. (Attachments: #
1Affidavit Declaration of Service)(Lee, Brian) (Entered: 01/08/2015)
DECLARATION of Brian E. Lee in Support re: 334 MOTION to Dismiss and for other
relief.. Document filed by Isak Isakov. (Attachments: # 1 Exhibit Exhibit A: Second
Amended Complaint, # 2 Exhibit Exhibit B: Answer to Second Ameneded Complaint, #
3 Exhibit Exhibit D: Schoolcraft deposition excerpts)(Lee, Brian) (Entered: 01/08/2015)

21

336

1/8/2015

337

1/8/2015

345

1/30/2015

347

1/30/2015

348

1/30/2015

349

1/30/2015

350

1/30/2015

351

1/30/2015

352

1/30/2015

353

1/30/2015

354

1/30/2015

355

1/30/2015

360

1/30/2015

361

1/30/2015

362

1/30/2015

363

1/30/2015

364

2/2/2015

365

2/2/2015

366

2/2/2015

MEMORANDUM OF LAW in Support re: 334 MOTION to Dismiss and for other relief. .
Document filed by Isak Isakov. (Lee, Brian) (Entered: 01/08/2015)
RULE 56.1 STATEMENT. Document filed by Isak Isakov. (Lee, Brian) (Entered:
01/08/2015)
AMENDED MEMORANDUM OF LAW in Support re: 334 MOTION to Dismiss and for
other relief. . Document filed by Isak Isakov. (Lee, Brian) (Entered: 01/30/2015)
DECLARATION of Brian E. Lee in Support re: 334 MOTION to Dismiss and for other
relief.. Document filed by Isak Isakov. (Attachments: # 1 Exhibit Exhibit A: Second
Amended Complaint, # 2 Exhibit Exhibit B: Answer to 2nd Amended Complaint, # 3
Exhibit Exhibit D: Deposition excerpts, # 4 Exhibit Exhibit E: Exceprts 1 of 5, # 5
Exhibit Exhibit E: Exceprts 2 of 5, # 6 Exhibit Exhibit E: Exceprts 3 of 5, # 7 Exhibit
Exhibit E: Exceprts 4 of 5, # 8 Exhibit Exhibit E: Exceprts 5 of 5, # 9 Exhibit Exhibit F:
3rd Amended Complaint, # 10 Exhibit Exhibit G: Order of Judge Sweet 1-16-15)(Lee,
Brian) (Entered: 01/30/2015)
AMENDED MOTION for Partial Summary Judgment ., MOTION for Summary
Judgment .( Responses due by 2/6/2015, Return Date set for 2/11/2015 at 11:00 AM.)
Document filed by Lillian Aldana-Bernier.(Callan, Paul) (Entered: 01/30/2015)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 348 AMENDED MOTION
for Partial Summary Judgment . MOTION for Summary Judgment . . Document filed by
Lillian Aldana-Bernier. (Callan, Paul) (Entered: 01/30/2015)
DECLARATION of Paul F. Callan in Support re: 334 MOTION to Dismiss and for other
relief.. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Second
Amended Summons and Complaint, # 2 Exhibit Dr. Aldana-Bernier Answer to Second
Amended Summons and Complaint, # 3 Exhibit Judge Sweet Opinion and Order dated
1/16/15, # 4 Exhibit Third Amended Summons and Complaint)(Callan, Paul) (Entered:
01/30/2015)
MOTION for Summary Judgment . Document filed by Jamaica Hospital Medical
Center. Responses due by 2/4/2015 Return Date set for 2/11/2015 at 12:00
PM.(Radomisli, Gregory) (Entered: 01/30/2015)
DECLARATION of Gregory J. Radomisli in Support re: 351 MOTION for Summary
Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1
Exhibit LL, # 2 Exhibit MM, # 3 Exhibit NN)(Radomisli, Gregory) (Entered: 01/30/2015)
AMENDED MEMORANDUM OF LAW in Support re: 351 MOTION for Summary
Judgment . . Document filed by Jamaica Hospital Medical Center. (Radomisli,
Gregory) (Entered: 01/30/2015)
RULE 56.1 STATEMENT. Document filed by Lillian Aldana-Bernier. (Callan, Paul)
(Entered: 01/30/2015)
NOTICE of Amended 56.1 re: 351 MOTION for Summary Judgment .. Document filed
by Jamaica Hospital Medical Center. (Radomisli, Gregory) (Entered: 01/30/2015)
AMENDED MOTION for Summary Judgment . Document filed by Lillian AldanaBernier. Responses due by 2/4/2015 Return Date set for 2/11/2015 at
11:00AM.(Callan, Paul) (Entered: 01/30/2015)
MEMORANDUM OF LAW in Support re: 360 AMENDED MOTION for Summary
Judgment . . Document filed by Lillian Aldana-Bernier. (Callan, Paul)
(Entered:01/30/2015)
DECLARATION of Paul F. Callan in Support re: 360 AMENDED MOTION for
Summary Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1
Exhibit Second Amended Summons and Complaint, # 2 Exhibit Answer to Second
Amended Summons and Complaint, # 3 Exhibit Judge Sweet Opinion and Order dated
1/16/15, # 4 Exhibit Third Amended Summons and Complaint)(Callan, Paul) (Entered:
01/30/2015)
RULE 56.1 STATEMENT. Document filed by Lillian Aldana-Bernier. (Callan, Paul)
(Entered: 01/30/2015)
RULE 56.1 STATEMENT. Document filed by Jamaica Hospital Medical Center.
(Osterman, Brian) (Entered: 02/02/2015)
AMENDED MEMORANDUM OF LAW in Support re: 351 MOTION for Summary
Judgment . . Document filed by Jamaica Hospital Medical Center. (Osterman, Brian)
(Entered: 02/02/2015)
AMENDED MOTION for Summary Judgment and other relief. Document filed byIsak
Isakov. Responses due by 2/4/2015 Return Date set for 2/11/2015 at 12:00PM.(Lee,
Brian) (Entered: 02/02/2015)

22

367

2/2/2015

368

2/2/2015

369

2/2/2015

370

2/3/2015

373

2/11/2015

377

2/11/2015

378

2/11/2015

379

2/11/2015

380

2/11/2015

381

2/11/2015

382

2/11/2015

406

3/6/2015

407

3/6/2015

408

3/6/2015

409

3/6/2015

423

3/30/2015

428

3/31/2015

AMENDED MEMORANDUM OF LAW in Support re: 366 AMENDED MOTION for
Summary Judgment and other relief. . Document filed by Isak Isakov. (Lee, Brian)
(Entered: 02/02/2015)
DECLARATION of Brian E. Lee in Support re: 366 AMENDED MOTION for
Summary Judgment and other relief.. Document filed by Isak Isakov. (Attachments: #
1 Exhibit A: Second Amended Complaint, # 2 Exhibit B: Answer to 2nd Amended
Complaint, # 3 Exhibit D: Excerpts from deposition of plaintiff, # 4 Exhibit E-1: Excerpts
from depositions, # 5 Exhibit E-2: Excerpts from depositions, # 6 Exhibit E-3: Excerpts
from depositions, # 7 Exhibit E-4: Excerpts from depositions, # 8 Exhibit E-5: Excerpts
from depositions, # 9 Exhibit F: Third Amended Complaint, # 10
Exhibit G: Order of Judge Sweet January 16, 2015)(Lee, Brian) (Entered: 02/02/2015)
RULE 56.1 STATEMENT. Document filed by Isak Isakov. (Lee, Brian) (Entered:
02/02/2015)
DECLARATION of Service of Brian E. Lee in Support re: 366 AMENDED MOTION for
Summary Judgment and other relief.. Document filed by Isak Isakov. (Lee, Brian)
(Entered: 02/03/2015)
DECLARATION of Brian E. Lee in Opposition re: 305 MOTION for Summary
Judgment .. Document filed by Isak Isakov. (Attachments: # 1 Exhibit A: Excerpts from
deposition, # 2 Exhibit B: Curriculum Vitae of Frank Dowling, M.D.)(Lee, Brian)
(Entered: 02/11/2015)
DECLARATION of Gregory J. Radomisli in Opposition re: 305 MOTION for Summary
Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1
Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Osterman, Brian)
(Entered: 02/11/2015)
MEMORANDUM OF LAW in Opposition re: 305 MOTION for Summary Judgment . .
Document filed by Jamaica Hospital Medical Center. (Osterman, Brian) (Entered:
02/11/2015)
RULE 56.1 STATEMENT. Document filed by Jamaica Hospital Medical Center.
(Osterman, Brian) (Entered: 02/11/2015)
DECLARATION of Matthew J. Koster in Opposition re: 305 MOTION for Summary
Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Exhibit
A Part 1, # 2 Exhibit Exhibit A Part 2, # 3 Exhibit Exhibit A Part 3, # 4 Exhibit Exhibit A
Part 4, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D Part 1, # 8
Exhibit Exhibit D Part 2, # 9 Exhibit Exhibit D Part 3, # 10Exhibit Exhibit E)(Koster,
Matthew) (Entered: 02/11/2015)
MEMORANDUM OF LAW in Opposition re: 305 MOTION for Summary Judgment . .
Document filed by Lillian Aldana-Bernier. (Koster, Matthew) (Entered: 02/11/2015)
COUNTER STATEMENT TO Document filed by Lillian Aldana-Bernier. (Koster,
Matthew) (Entered: 02/11/2015)
REPLY AFFIRMATION of Brian E. Lee (declaration) in Support re: 366 AMENDED
MOTION for Summary Judgment and other relief.. Document filed by Isak Isakov.
(Lee, Brian) (Entered: 03/06/2015)
REPLY MEMORANDUM OF LAW in Support re: 351 MOTION for Summary Judgment
. . Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit
MM)(Radomisli, Gregory) (Entered: 03/06/2015)
REPLY MEMORANDUM OF LAW in Support re: 360 AMENDED MOTION for
Summary Judgment . . Document filed by Lillian Aldana-Bernier. (Koster, Matthew)
(Entered: 03/06/2015)
DECLARATION of Matthew J. Koster in Support re: 408 Reply Memorandum of Law in
Support of Motion. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit
A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C Part 1, # 4 Exhibit Exhibit C Part 2, # 5
Exhibit Exhibit C Part 3, # 6 Exhibit Exhibit C Part 4)(Koster, Matthew) (Entered:
03/06/2015)
LETTER addressed to Judge Robert W. Sweet from Brian E. Lee dated March 30,
2015 re: Pending motions for summary judgment. Document filed by Isak Isakov.
(Attachments: # 1 Exhibit Order denying cert in McGugan, # 2 Exhibit Ltr Supreme
Court to 2d Circuit re McGugan)(Lee, Brian) (Entered: 03/30/2015)
LETTER addressed to Judge Robert W. Sweet from Matthew J. Koster, Esq. dated
March 30, 2015 re: Pending Motions for Summary Judgment. Document filed by Lillian
Aldana-Bernier. (Attachments: # 1 Exhibit Order denying cert in McGugan) (Koster,
Matthew) (Entered: 03/31/2015)

23

453

7/13/2015

506

9/22/2015

507

9/22/2015

513

9/22/2015

514

9/22/2015

515

9/22/2015

516

9/22/2015

517

9/22/2015

518

9/22/2015

525

9/23/2015

526

9/23/2015

527

9/23/2015

534

10/5/2015

535

10/5/2015

536

10/9/2015

545

10/28/2015

546

10/28/2015

547

10/28/2015

548

10/28/2015

553

10/28/2015

554

10/28/2015

556

10/29/2015

OPPOSITION BRIEF to Plaintiff's Motion for Reconsideration. Document filed by
Jamaica Hospital Medical Center.(Osterman, Brian) (Entered: 07/13/2015)
FIRST MOTION in Limine to preclude expert from testimony about PTSD. Document
filed by Isak Isakov. Return Date set for 10/2/2015 at 12:00 PM.(Lee, Brian) (Entered:
09/22/2015)
MEMORANDUM OF LAW in Support re: 506 FIRST MOTION in Limine to preclude
expert from testimony about PTSD. . Document filed by Isak Isakov. (Lee, Brian)
(Entered: 09/22/2015)
FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit.
Document filed by Lillian Aldana-Bernier. Return Date set for 10/9/2015 at 12:00
PM.(Koster, Matthew) (Entered: 09/22/2015)
MEMORANDUM OF LAW in Support re: 513 FIRST MOTION in Limine to preclude
testimony from plaintiff's expert Dr. Roy Lubit. . Document filed by Lillian AldanaBernier. (Koster, Matthew) (Entered: 09/22/2015)
SECOND MOTION in Limine to preclude testimony related to plaintiff's purported
declaratory judgment claim. Document filed by Lillian Aldana-Bernier. Return Date set
for 10/9/2015 at 12:00 PM.(Koster, Matthew) (Entered: 09/22/2015
MEMORANDUM OF LAW in Support re: 515 SECOND MOTION in Limine to preclude
testimony related to plaintiff's purported declaratory judgment claim. . Document filed
by Lillian Aldana-Bernier. (Koster, Matthew) (Entered: 09/22/2015)
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) (Entered: 09/22/2015)
MEMORANDUM OF LAW in Support re: 517 MOTION in Limine to preclude testimony
from Dr. Roy Lubit. . Document filed by Jamaica Hospital Medical Center. (Osterman,
Brian) (Entered: 09/22/2015)
SECOND MOTION in Limine to preclude any testimony regarding DJ action.
Document filed by Isak Isakov. Return Date set for 10/9/2015 at 12:00 PM.(Lee, Brian)
(Entered: 09/23/2015)
DECLARATION of Brian E. Lee in Support re: 525 SECOND MOTION in Limine to
preclude any testimony regarding DJ action.. Document filed by Isak Isakov.
(Attachments: # 1 Exhibit Exhibit A: May 2015 Order, # 2 Exhibit Exhibit B: January
2015 Order, # 3 Errata Exhibit C: Third Amended Complaint)(Lee, Brian)
(Entered:09/23/2015)
MEMORANDUM OF LAW in Support re: 525 SECOND MOTION in Limine to preclude
any testimony regarding DJ action. . Document filed by Isak Isakov. (Lee, Brian)
(Entered: 09/23/2015)
MEMORANDUM OF LAW in Opposition re: 528 MOTION in Limine to exclude certain
evidence at trial - Correcting the Deficient Docket Entry Number 492. . Document filed
by Lillian Aldana-Bernier. (Brady, Bruce) (Entered: 10/05/2015)
MEMORANDUM OF LAW in Opposition re: 528 MOTION in Limine to exclude certain
evidence at trial - Correcting the Deficient Docket Entry Number 492. . Document filed
by Jamaica Hospital Medical Center. (Osterman, Brian) (Entered:
10/05/2015)
AMENDED ANSWER to 103 Amended Complaint,,,,,,, with JURY DEMAND.
Document filed by Lillian Aldana-Bernier. (Brady, Bruce) (Entered: 10/09/2015)
REQUEST TO CHARGE. Document filed by Lillian Aldana-Bernier.(Brady, Bruce)
(Entered: 10/28/2015)
PROPOSED VOIR DIRE QUESTIONS. Document filed by Lillian Aldana-Bernier.
(Brady, Bruce) (Entered: 10/28/2015)
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by
Lillian Aldana-Bernier.(Brady, Bruce) (Entered: 10/28/2015)
PROPOSED VOIR DIRE QUESTIONS. Document filed by Jamaica Hospital Medical
Center.(Osterman, Brian) (Entered: 10/28/2015)
PROPOSED JURY INSTRUCTIONS. Document filed by Isak Isakov.(Lee, Brian)
(Entered: 10/28/2015)
JOINT PRELIMINARY TRIAL REPORT. Document filed by Jamaica Hospital Medical
Center.(Osterman, Brian) (Entered: 10/28/2015)
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by
Jamaica Hospital Medical Center.(Osterman, Brian) (Entered: 10/29/2015)

24

558

10/30/2015

JOINT PRELIMINARY TRIAL REPORT. Document filed by Jamaica Hospital Medical
Center.(Osterman, Brian) (Entered: 10/30/2015)

In total, the groups are seeking compensation for over 1,078 hours
relating to the Medical Defendants. ASI notes that some of the time entries
included in this total were block billed and in order to approximate the amount
billed for the Medical Defendants, ASI used the allocation methodology set forth
on Exhibit 2.
The Norinsberg Group
ASI identified billing entries totaling over 269 hours that mention work that
was performed exclusively in connection with the Medical Defendants, allocated
as follows.
Hours

Norinsberg Group
Norinsberg
Cohen
Burzstyn
Fitch

72.05
30.40
7.50
159.25
269.20

Typical entries included the following:
08/30/10
08/30/10
08/30/10
09/07/10
09/07/10

NB
NB
NB
GMC
JLN

09/07/10
09/07/10
09/07/10
09/07/10

JPF
GMC
JLN
JLN

09/30/10
09/30/10
09/30/10
09/30/10
10/06/10

GMC
JLN
JPF
JLN
JLN

10/06/10
10/27/10
10/27/10
11/04/10

JPF
GMC
JPF
JPF

11/04/10

GMC

11/11/10
11/11/10

GMC
JLN

Filed Affidavit of Service as to Jamaica Hospital Medical Center
Filed Affidavit of Service as to Lillian Aldana-Bernier
Filed Affidavit of Service as to lsak lsakov
Review of JHMC Answer
Reviewed defendants answer to complaint filed by Jamaica
Hospital Medical Center
Review of Answer to Complaint from Jamaica Hosp.
Review of JHMC corporate disclosure
Reviewed defendant JHMC's corporate disclosure statement
Reviewed Aff of Service by defendants Jamaica Hospital
Medical Center.
Review of Bernier answer
Reviewed answer to complaint filed by Lillian Aldana-Bernier
Review of Answer to Complaint by Bernier
Reviewed Bernier's corporate disclosure statement
Reviewed answer to amended complaint filed by Jamaica
Hospital
Review of Answer to Complaint by Jamaica
Review of Isakov Answer to Amended complaint
Review of Answer to Amended Complaint Isakov
Review of letter re Bernier's extension to answer Amended
Complaint
Review of letter and stipulation re: extension of time to Answer
Amended Complaint
Review of amended answer from Bernier
Reviewed defendant Bernier's answer to Second amended
complaint
25

0.10
0.10
0.10
0.30
0.10
0.75
0.10
0.10
0.10
0.30
0.50
0.80
0.10
0.10
0.90
0.25
0.60
0.10
0.25
0.25
0.10

11/11/10
12/09/10

JPF
JPF

05/22/11
05/23/11

JLN
JLN

06/11/11
06/30/11

JLN
JLN

07/01/11

JLN

07/01/11

JLN

08/09/11
08/14/11

GMC
GMC

08/26/11
01/05/12
04/02/12
04/02/12
04/04/12
04/04/12
04/04/12
06/02/12
10/19/12
01/28/15

JLN
GMC
JLN
JPF
JLN
JPF
JPF
JLN
JPF
JLN

02/11/15

JPF

02/11/15
02/13/15
02/19/15
03/05/15
03/08/15

JPF
JLN
NB
JPF
JLN

03/10/15

JPF

Review of Answer to Amended Complaint Bernier
E-mail from B. Lee defendants re late responses to
interrogatories
Finished 1st Set of Doc Demands Jamaica
E-mail correspondence w/Brian Lee re: dep notices for Caughey
& Weiss
Ltr from B. Lee re: discovery responses and order of priority
Reviewed Brian Lee's Proposed Discovery Plan in advance of
mtg later today; notes re: same
E-mail from B.Brady re: need to modify plan re: setting deps only
after receipt of records from City
Reviewed Brian Lee's Proposed Discovery Plan as agreed upon
at yesterday's conference.
Drafted responses to JHMC discovery demands
Drafted responses to all discovery demands for medical
defendants and emailed to JN for his review
Read letter from B. Lee re: request for Suppl responses
Review of letter from Bernier's attorneys
E-mail from Bernier consenting to amendment
Email from Bernier consenting to amendment
E-mail from JHMC regarding change in amended language
Correspondence to JHMC re Amended Complaint
Email from JHMC re change in amended language
Reviewed discovery demands from JHMC
Review of Answer to Amended Complaint from Isacov
Legal research re: JHMC arg. for exclusion of emergency med.
expert Dr. Halpren Ruder
Review of declarations from City, Berniers, Isacov, & JHMC w/
accompanying exhibits
Berniers counter 56.1 statement
Reviewed Bernier Opp to PH. SJ motion
Read deposition transcript of Dhar; digested same
Research on prior litigiousness exclusion
Reviewed transcripts of Dr. Dhar and Dr. Lwin;
took notes re: same
Research on ultimate issue, bolstering w/ prior litigation for
Bernier

0.50
0.10
2.90
0.10
0.10
0.20
0.10
0.10
1.80
4.75
0.40
0.25
0.10
0.10
0.10
0.10
0.10
0.20
0.75
1.60
1.40
0.80
0.50
0.60
3.10
1.90
3.25

The Smith Group
ASI identified billing entries totaling over 800 hours that mention work that
was performed exclusively in connection with the Medical Defendants, allocated
as follows:
Smith Group
Suckle
Bauza
McCutcheon
Lenoir
L. Smejila
Smith

11.25
293.38
0.09
207.41
62.00
226.57
800.70
26

Typical entries included the following:
10/27/13
02/18/14

NBS
NBS

02/19/14

NBS

07/06/14
07/07/14

NBS
JL

07/07/14
12/06/14
12/08/14
12/09/14
12/11/14
07/14/15

NBS
LS
LS
LS
LS
JL

07/15/15

JL

07/20/15

JL

07/22/15

JL

Research on dangerous assessment.
Review of examination before trial for discovery letter; emails
reference defendant's examination before trial and Norinsberg
termination letter; request JHMC provide and produce the two
EMT's.
Telephone conference with co-counsel (HS) reference medical
case; state action; pro and sub due process; review of emails
reference discovery status; telephone call to John Lenoir
reference same.
Prepare for Jamaica Hospital ebt (Dhar) on policy issue.
Prepare for and attend deposition as co-counsel; and review;
30(b)(6) witness to testify about JHMC's policy on involuntary
hospitalization.
Take and prepare for Jamaica Hospital examination before trial.
Summarize deposition of Dhar.
Summarize deposition of Dhar.
Summarize deposition of Dhar.
Summarize deposition of Dhar.
Review / research of JHMC Opposition Memo re: HalprenRuder.
Prepare response to defendant JHMC Memo in Opposition to
motion for resonsideration re: expert Halpren-Ruder.
Draft opposition to JHMC Memrandum re Medical Expert
Halpren-Ruder.
Prepare Response to JHMC Opposition to Plaintiff Medical
Expert.

3.00
3.80

2.50

3.80
4.50
7.50
4.00
4.00
4.00
2.00
0.20
5.50
5.00
4.25

The Gleason Group
ASI identified billing entries totaling over 9 hours that mention work that
was performed exclusively in connection with the Medical Defendants, allocated
as follows:
Gleason Group
Gleason
Gilbert

4.65
4.80
9.45

Typical entries included the following:
03/29/13
03/29/13

Gleason
Gleason

04/02/13
04/08/13

Gleason
Gilbert

04/08/13

Gilbert

04/10/13
15
04/11/13

Gleason
Gilbert

15

Phone conv. with NS, re: gag order.
E-mail from NS, re: enclosed letter from Hosp. Defendant to
Judge concerning press, review of same
ECF notice, re: Hospital letter to judge.
TC's with PG regarding appearance SDNY re: gag order &
other relief; review of papers in support and opposition to relief
TC's with PG regarding appearance SDNY re: gag order &
other relief; review of papers in support and opposition to relief
Court Apearance, and subsq. Meeting with legal team.
Appearance SDNY oral argument

ASI notes that there was no hearing on April 11, 2013 in the Litigation. Gilbert states in his
27

0.50
0.50
0.125
.30
2.50
3.50
2.00

For a complete list of the entries that should have been allocated to the
Medical Defendants, see Exhibit 3. In ASI’s opinion, the City should not be held
responsible for any part of the time that related to the claims exclusively against
the Medical Defendants, since that time was incurred in prosecuting a claim
against other defendants that were not part of the City’s Rule 68 Offer of
Judgment.
In ASI’s opinion, all time specifically related to the Medical Defendants
should be excluded resulting in the following reductions:
Hours

Norinsberg Group
Norinsberg
Cohen
Burzstyn
Fitch

72.05
30.40
7.50
159.25
269.20

Smith Group
Suckle
Bauza
McCutcheon
Lenoir
L. Smejila
Smith

11.25
293.38
0.09
207.41
62.00
226.57
800.70

Gleason Group
Gleason
Gilbert

4.65
4.80
9.45
1,079.35

B. Work that was Unnecessary or Inappropriate to Bill to a
Defendant in a Fee Shifting Claim
1) Substitution of Counsel
In a little over five (5) years that the Litigation against the City was
pending, the Plaintiff changed legal teams at least five (5) times. The sequence
of legal teams based on the billing records appears to be as follows: An attorney
named Jonathan Moore (referred to as “JM” in some records) for which fees are
not sought; the Norinsberg Group; the Gleason Group; the Gleason Group and
the Smith Group; the Smith Group alone; and then the Smith Group and
Norinsberg Group. Each of the changes necessitated that new lawyers
affirmation that he “participated” in the oral argument on a “Gag Order” on April 10, 2013. ASI has
assumed that this date was an error in the time records and that Mr. Gilbert was present for the
oral argument on the “Gag order.”
28

familiarize themselves with facts, documents and law already known to the prior
attorneys on the case, and not only created duplication in effort, but also
rendered the prior firm’s knowledge base obsolete where prior counsel was
completely removed from the case.
Many of the tasks associated with the change of counsel (or the
preparation of a retainer agreement for the initial counsel), such as meetings and
interviews with Mr. Schoolcraft, meetings and conferences with prior counsel or
co-counsel, drafting retainer agreements, and reviewing previously reviewed
documents and non-specific background documents, did not advance the
Litigation and would not have been billed had the Plaintiff not changed lawyers
(the “Cost of Substitution”).
In total, the groups are seeking compensation for over 355 hours relating
to the Cost of Substitution.
The Norinsberg Group
The Norinsberg Group billed 56.90 hours in connection with the Cost of
Substitution, allocated as follows:
Norinsberg Group
Norinsberg
Cohen
Fitch
Meehan
Burzstyn

30.00
14.25
10.40
.80
1.45
56.90

Typical time entries included:
06/24/10
06/24/10

JLN
JLN

06/24/10
06/25/10
06/25/10

JLN
GMC
JLN

06/25/10
06/25/10
06/25/10
11/13/12
11/13/12

JPF
NB
NB
GMC
GMC

11/13/12

GMC

11/13/12
11/13/12

JPF
JPF

Travel back to NYC (3.2)
Traveled to Johnstown to meet prospective Client Adrian Schoolcraft
(3.6)
Initial client meeting & interview with AS in Johnstown
Drafted retainer for Schoolcraft
Sent GC information for retainer; forwarded retainer to AS; forwarded
signed retainer back to GC
Review of Schoolcraft retainer
Prepared Substition of Attorney for taking case over from JM
Saved retainer signed by client to file
Correspondence from City re rep of AS
Various correspondence confirming termination of representation with
the parties
Confirming with JF w/AS on the phone that he is terminating
representation
Correspondence from City re rep of AS
Confirming with GC w/ AS on the phone that he is terminating
representation
29

1.60
1.80
7.40
0.60
0.10
0.25
0.20
0.10
0.10
0.25
0.30
0.10
0.30

11/14/12
11/14/12
11/14/12

GMC
JLN
NB

01/23/15
01/23/15
01/23/15
01/23/15
01/23/15

GMC
JLN
JLN
JLN
JPF

Receipt and review of letter terminating our representation of AS
Tennination letter from AS
Scanned and e-mailed AS Letter of Termination in file; filed same in
computer file and hard fìle
Call w/JN and JF about taking over case again
T/c w/GC re: potentially re-entering case & taking over for trial
F/u call w/GC and JF about taking over case again
T/c with Adrian re: potentially taking over as lead counsel for trial
Call w/GC and JN about taking over case again

0.10
0.10
0.25
0.80
0.70
0.80
1.20
0.80

The Smith Group
The Smith Group billed almost 82 hours in connection with the Cost of
Substitution, allocated as follows:
Smith Group
Lenoir
Bauza
Smith
Suckle

6.25
18.50
54.50
2.50
81.75

Typical time entries included:
02/03/13

NBS

02/07/13

NBS

02/15/13

NBS

02/16/13

JL

02/17/13
02/21/13
02/24/13

NBS
MB
NBS

03/09/13
07/31/13
07/31/13

NBS
HS
NBS

02/20/15
02/20/15

MB
NBS

Telephone conference with Gleason; review of docket complaint and
decision by J. Sweet.
Meeting with Adrian Schoolcraft; Gleason and John Lenoir re possible
representation.
Review of files from counsel; review of pleadings; telephone call to cocounsel twice; review of penal code.
Review of case history and complaint; document preparation for
presentation to DOJ
Review of boxes from client and Guilbert.
Initial meeting with Gleason and Jeremy Skehan
Travel with Gleason to meet defendant and his father in Saugerties,
NY.
Meeting with co-counsel and intern in reference to status.
meeting with Nat Smith to review role and case
Meeting with H. Suckle re: hospital; draft memo to client; revise sub of
counsel; memo of goals; document demand; emails re: discovery plan
with co-counsel and opposing counsel; telephone call to client re:
status.
Team meeting; meet with Norinsberg and new team.
Meeting with John Lenoir and Mag Bauza; meeting with Jon
Norinsberg and his group (Gerald Cohen and Joshua Fitch).

30

2.50
2.50
2.20
3.50
2.50
2.00
5.20
2.50
2.50
6.50

4.50
4.80

The Gleason Group
The Gleason Group’s Cost of Substitution is probably best described in
Mr. Gilbert’s Affirmation wherein he states in paragraph 3, “After being retained
by plaintiff we undertook to familiarize ourselves with the plaintiff and his case.
This involved reviewing thousands of pages of discovery documents exchanged
by the City of New York, hours of recordings of roll calls and other investigative
materials,” and then in paragraph 8 of the Gilbert Affirmation, it states, “With the
completion of our review and analysis of the materials provided to our firm we
had just begun the process of formulating our litigation plan when the decision
was made to shift the responsibility for the day to day management of the
litigation to Nat Smith and the newer members of the team.” In other words, the
Gleason Group reviewed all of the documents that had been previously reviewed
by the Norinsberg Group to no avail. Once they stopped working on the
Litigation, their review of these documents and videos did not advance the
Litigation.
The Gleason Group billed more than 216 hours in connection with the
Cost of Substitution, allocated as follows:
Gleason Group
Levine
Gleason
Gilbert

60.60
86.72
69.23
216.55

Typical time entries included:
11/16/12

Gleason

11/16/12

Gleason

11/16/12

Gilbert

11/18/12

Levine

11/18/12

Gilbert

12/03/12

Gleason

12/03/12

Levine

12/03/12

Gilbert

Meeting with my colleague Richard Gilbert, Esq. (RG),
nd
Retired NYPD 2 grade Detective (D2) and Larry Schoolcraft
(LS) to discuss Adrian Schoolcraft's (AS) claim against the
City of New York.
Travel to and from NYC Office to Catskill, NY. Upon Return to
NYC Office review of documents provided by LS. (Travel at
1/2 hr. rate)
nd
Meeting with my Gleason, Esq. (PG), Retired NYPD 2
grade Detective (D2) and Larry Schoolcraft (LS) to confer on
merits of claim Filed by Adrian Schoolcraft (AS) against NYC,
Jamaica Hospital & other medical defendants Review of
documents provided by LS.
Review of Larry Schoolcraft (LS) documents re: son's case;
confer with RG re: evaluation potential strategies for Adrian
Schoolcraft (AS) litigation
Further review of documents provided and tc's with PG
relating to AS. Conferred with Harvey Levine (HL) re: merits
of claim and potential strategies for litigation
Phone conv. with AS regarding e-mail from his previous
counsel, investigation and setting up another meeting.
Conf. with RG re: discharge/email from outgoing attorney &
TC from PG and TC with AS
Phone conv. with AS regarding e-mail from his previous
31

6.00

8.00
14.00

3.50
5.50
0.50
0.50
0.50

01/04/13
01/04/13
01/04/13
01/08/13

Gleason
Levine
Gilbert
Levine

01/08/13
02/13/13

Gilbert
Gleason

02/14/13

Gleason

02/14/13

Gilbert

counsel, investigation and setting up another meeting.
Meeting with RG and continued review of File.
Continued review of file; meeting with PG
Continued review of file; meeting with PG
Conf. with PG & RG reviewing analysis and Strategy going
forward
Meeting with PG, HL re: file contents strategy.
Meetings with AS, meeting with RG and NS.
Meeting with VP, review of file with AS.
Transport file from Levin & Gilbert to Law office of Nat Smith.
Meeting with NS to discuss how file is formatted. Meeting
with AS and legal team.
Meeting with PG & NS at office & file transfer of Nat Smith.
Meeting with NS to discuss how file is formatted. Meeting
with AS and legal team.

4.25
6.00
6.00
3.50
3.50
7.50
3.50
0.50

See Exhibit 4 for the time journals relating to the Cost of Substitution.
In ASI’s opinion, this work did not advance the interests of the Litigation
and the City should have no responsibility for the fees associated with the Cost of
Substitution. Set forth below are the recommended reductions:
Hours

Norinsberg Group
Norinsberg
Cohen
Fitch
Meehan
Burzstyn

30.00
14.25
10.40
.80
1.45
56.90

Smith Group
Lenoir
Bauza
Smith
Suckle

6.25
18.50
54.50
2.50
81.75

Gleason Group
Levine
Gleason
Gilbert

60.60
86.72
69.23
216.55
355.20

2) Deposition Digesting
Given the fact that depositions are indexed and fully searchable
electronically, most clients today will not pay for the cost of digesting or
summarizing depositions. Nonetheless, the Smith Group billed almost 363 hours
and the Norinsberg Group billed over 53 hours for digesting. Not only was there a
32

disproportionate amount of time billed for many of the digests16, but digests for
the same deponent were drafted first by the Smith Group and then again by the
Norinsberg Group. And, when it came to trial, the attorneys reviewed the
transcripts, not the digests, except for a trivial amount of time that did not identify
the digests reviewed.17
In total, the Smith Group and the Norinsberg Group billed more than 416
hours digesting depositions, allocated as follows:
Hours

Norinsberg Group
Norinsberg
Burzstyn

13.20
40.05
53.25

Smith Group
Bauza
Lenoir
Smejila
J. Lenoir
J. Smith

28.95
6.00
179.00
122.50
26.46
362.91
416.16

Set forth on the following page is the aggregate amount of time billed for
digesting the following depositions18:

16 For instance, the Smith Group and the Norinsberg Group spent 17.10 hours digesting Valenti’s
deposition, which lasted one (1) hour, yet spent .40 hours digesting the Hanlon deposition that
lasted 7.50 hours.
17 Attorneys spent an aggregate of 9.60 hours reviewing the digest, for no apparent reason as
set forth below:
12/08/04

JL

02/19/15
02/27/15
02/27/15

JL
GMC
GMC

03/02/15

GMC

Review deposition summaries; research on motions for summary
judgment; confer with Smith re preparation for opposition
Review of examination before trial summaries.
Review of deposition summaries by NS team
Email correspondence with NS and JN re: dep summaries, index of
all exhibits, potential trial exhibits
Review of deposition summaries by NS team

3.00
1.00
3.80
0.40
1.40

18 Time for digesting various depositions that relate exclusively to the Medical Defendants is
excluded.
33

Witnesses / Expert
Aldana-Bernier, Lilian (Dr.)
Boston, Curtis
Broschart, Christopher
Carrasco, Edward
Caughey, Timothy
Cooper, Alan
Duncan, Kurt
Eterno, John A.
Ferrara, Joseph
Finnegan, Kevin
Gough, William
Hanlon, Elise (Lt.)
Huffman, Rasheena
Isakov, Isak
James, Shantel (PO)
Lamstein-Reiss, Catherine (MD)
Lauterborn, Theodore
Lwin, Khin Mar (MD)
Marino, Michael
Marquez, Jessica (EMT)
Mauriello, Steven
Milone, William (Sgt.)

Length of
Deposition

Date
2/11/2014
1/6/2014
6/18/2014
9/19/2014
12/9/2013
7/24/2014
4/28/2014
6/23/2014

8.00
2.60
6.10
.70
8.40
4.70
7.10
1.70
8.80
8.40
6.70
2.10
6.10
7.50
3.60
5.50
4.00
9.50
9.00
1.20
8.70
8.50
17.20
6.60
9.30
8.70
18.00
1.50
1.30
1.20
2.50
1.80
1.10
2.90
4.00
4.40
8.60
9.00
8.30
25.90
8.50
9.30
7.30
1.00
3.50
.80
1.40

10/17/2014
6/5/2014
7/17/2014
4/11/2014
1/13/2014
1/6/2014
2/12/2014
5/12/2014
1/30/2014
11/7/2013
7/3/2014
10/8/2013
10/18/2013
5/14/2014
12/20/13
7/1/2014

Patel, Indira (MD)

7/17/2014
07/25/2014
10/31/2014

Purpi, Michael (Sgt.)

07/16/2014
9/19/2014

Sangeniti, Salvatore (EMT)
Sawyer, Frederick
Schoolcraft, Adrian
Schoolcraft, Larry
Silverman, Eli B (PhD)
Trainor, Timothy (Lt.)
Valenti, Dominik (Lt.)
Weiss, Steven (Sgt.)
Whalen, Bernard
Whittman, David
19
Unknown

5/15/2014
4/25/2014
10/11/2012
9/26/2013
9/27/2013
12/11/2013
10/24/2014
4/10/2014
7/16/2014
5/29/2014
7/15/2014
7/15/2014

Time Billed for
Digesting
7.20
.60
14.10
4.90
1.70
13.30
9.30
28.95
18.80
7.10
15.00
.40
.50
2.90
5.75
1.60
8.10
5.60
9.80
9.60
38.10
5.75
10.10
8.75
14.60
15.80
42.00

23.40
20.60
17.40
10.70
1.30
2.50
3.00
36.96

19 J. Smith billed 31.96 hours to the following task descriptions, “Reading, taking notes and
34

The following time journals illustrate how the Smith Group and the
Norinsberg Group both digested a deposition and then never reviewed the same:
a) Adrian Schoolcraft Deposition
02/10/15
02/11/15
02/12/15
02/13/15
02/13/15
02/16/15
03/01/15
03/02/15

LS
LS
LS
JLL
LS
LS
JLN
JLN

03/03/15

JLN

03/08/15
04/16/15
04/16/15
04/16/15

JPF
NB
NB
NB

Summarize Adrian Schoolcraft deposition transcript.
Summarize Adrian Schoolcraft deposition transcript.
Summarize Adrian Schoolcraft deposition transcript.
Printed various exhibits from Plaintiff's deposition
Summarize Adrian Schoolcraft deposition transcript.
Summarize Adrian Schoolcraft deposition transcript.
Reviewed AS dep transcript Vol. I, took notes re: same
Reviewed AS dep Vol. II, took notes and prepared summary of most
important issues raised
Reviewed final volume of AS transcript; notes and bullet point
summary of same
Review of Deposition of AS with Exhibits
Read deposition transcript of AS; digested same
Read deposition transcript of AS (Volume II); digested same
Read deposition transcript of AS (Volume III); digested same

4.00
4.00
4.00
0.20
4.00
3.00
2.90
3.40
2.80
6.25
3.10
2.90
2.50

b) Trainor Deposition
10/03/14
10/08/14
10/08/14
10/09/14
04/27/15
08/10/15

LS
LS
LS
LS
NB
JLN

08/10/15

JLN

Trainor summary deposition.
Trainor summary deposition
Trainor summary deposition.
Trainor summary deposition.
Read deposition transcript of Trainor; digested same
Highlighted and made edits and notes on Trainor's deposition outline
for purposes of building cross-x outline
Continued highlighting Trainor's Dep for cross-x excerpts

In ASI’s opinion, all paralegal time related to digesting should be written
off as an unnecessary time expenditure.
Recommended Reductions:
Norinsberg Group
Burzstyn
Smith Group
Bauza
Smejila
J. Lenoir
J. Smith

Hours
40.05
40.05
28.95
179.00
122.50
26.46
356.91
396.96

discussing the Schoolcraft depositions,” “Reading and taking notes on the Schoolcraft
depositions,” or “Reading and taking notes.”
35

5.00
5.00
5.00
2.00
0.40
3.40
1.20

3) Ancillary Services
a) Meetings Regarding Ancillary Issues
In Gilbert’s Affirmation, he states in paragraph 8 that he was “traveling to
upstate New York on two occasions to meet personally with plaintiff and his
father, dealing with ancillary issues that were troubling plaintiff, such as NYPD
disciplinary charges resulting in plaintiff’s suspension, the Queens District
Attorney’s Press Release exonerating NYPD personnel from criminality despite
…, the continued use of plaintiff’s name, image and recordings on the web by his
discharged attorney.” As such services were “ancillary” to the Litigation, in ASI’s
opinion, the fees associated with such services should not be the City’s
responsibility.
In connection with the two meeting where Mr. Gilbert travelled to meet Mr.
Schoolcraft (i.e., November 16, 2012 and November 23, 2013) Mr. Gleason and
Mr. Gilbert billed 45 hours.20 The November 16, 2012 meeting was reduced as it
was relating to Cost of Substitution. ASI recommends writing off the November
23, 2013 meeting as an ancillary cost.
Set forth below are the time journals for the November 23, 2012 meeting:
11/22/12

Gleason

11/22/12

Gilbert

11/23/12
11/23/12

Gleason
Gleason

11/23/12

Gilbert

Multiple phone conversation with RG, AS, and LS
regarding setting up a meeting the following day.
Multiple phone conversation with PG regarding a
meeting the following day with AS/LS. Confer with HL
regarding potential strategies.
Travel
Meeting with AS, LS, RG in Albany to discuss strategy
scope of work, investigations needed. Travel to and
from NYC. (Travel at 1/2 hr. rate)
Meeting with PG, AS, LS, in Albany to meet client
Discussed scope of work, strategy, investigation.

0.75
1.50
8.00
4.00
10.50
24.75

In addition to these meetings, Mr. Gleason billed an additional 23 hours in
connection with meeting with Mr. Schoolcraft on ancillary services, as set forth on
the following page:

20 Mr. Gleason’s time for travel has been adjusted to reflect the fact that he billed travel at 50%.
36

12/11/12

Gleason

12/11/12
12/19/12

Gleason
Gleason

12/19/12

Gleason

Meeting in Albany with AS, LS, FS. Re: Status of
investigations, NYPD employment issues, concerns
regarding Queens DA, concerns regarding Jamaica
Hospital and concerns regarding FDNY EMS
Follow up conv. with RG upon return to NYC office,
memo to file. (Travel at 1/2 hr. rate)
Travel to Albany
Albany meeting with D2 and AS.
Updated AS as to status of his claims. Discussed with
AS means for providing AS and LS the ability to
communicate with his attorneys.
(Travel at 1/2 hr. rate)
Albany meeting with D2 and AS.
Updated AS as to status of his claims. Discussed with
AS means for providing AS and LS the ability to
communicate with his attorneys.
(Travel at 1/2 hr. rate)

6.00

8.00
7.00

8.00

Recommended Reductions:
Hours

Gleason Group
Gleason
Gilbert

21

31.75
12.00
43.75

b) Press Relations/Lobbying
In total, the groups are seeking compensation for over 187 hours relating
to media relations, lobbying governmental organizations and trying to get the
PBA union involved in the Litigation.
The Norinsberg Group
The Norinsberg Group billed almost 97 hours for working with media relations,
lobbying governmental organizations and trying to get the PBA union involved in
the Litigation, none of which time advanced the litigation. The time was allocated
as follows:
Norinsberg Group
Cohen
Norinsberg
Fitch
Burzstyn

21

28.42
37.45
29.9
.75
96.52

Adjusted to account for Mr. Gleason’s travel being billed at half rates.
37

Typical time entries included the following:
06/20/10
06/20/10
06/20/10

JLN
GMC
JPF

08/10/10

GMC

08/10/10
08/10/10

JLN
JLN

08/10/10
08/11/10
09/27/10
09/27/10

JPF
GMC
JLN
GMC

09/27/10

GMC

09/27/10
09/27/10

JPF
JPF

09/27/10

JLN

09/27/10

JPF

09/28/10
09/28/10
09/28/10
09/28/10
09/28/10
10/22/10
01/01/11
01/01/11
06/23/11

GMC
JLN
JPF
JPF
JPF
JPF
JLN
JPF
JLN

06/23/11

NB

03/16/12
03/30/12

GMC
JLN

02/09/15

JLN

02/17/15

JLN

04/10/15

JLN

07/22/15
07/22/15

JLN
JLN

Read Voice articles on Schoolcraft
Email from Adrian Schoolcraft (AS) re: meeting with JN
Reading Village Voice articles on; Schoolcraft and Halloween
night
Meeting with AS to finalize for complaint filing, news coverage,
and prep for website launch
Review of Articles about Schoolcraft complaint
Listened to Brian Lehrer show (podcast) re: Schoolcraft
allegations
Review of articles about Schoolcraft Complaint
Review of San Francisco Chronicle coverage
Meeting with AS and Feds re: potential fed civil rights violations
Meeting w/AS with JN, JF to prep for discussion with US
attorneys office EDNY
Schoolcraft interview with Civil Rights Division DOJ (pre and
post), NY Times, ABC news
Schoolcraft interview with Civil Rights Division JN, GC, DOJ
Meeting w/AS witkr JN, GC to prep for discussion with US
attorneys office EDNY
Discussion with JF re: location of witnesses from This American
Life interview
Discussion with JN re location & witnesses from This American
Life interview
Review of Daily News article re: Schoolcraft
E-mail from JF re article in Russian news
E-mail from GC re article on AS
E-mail from JN re article in Russian news
Review of article from Rocco & Daily News
E-mail from GC re NY Times article
E-mail to JF re WSJ article about case
E-mail from JN re Wall Street Journal article about case
Letter to Jim Leander re: authorizing release of med records to
Queens DA
Prepared authorization and letter enclosing autorization to
Queens DA
Radio interview re: Schoolcraft
E-mail from Eli Silverman re: ABC news story on under
reoprted crime rates; watched same
T/c AS & LS regarding negative articles in Daily News
regarding AS last week and steps moving forward
E-mail GC & JF regarding new MIL for Queens DA findings and
meeting with NS this Friday
Reviewed Schoolcraft Graham Raymond materials made
summary of most important ponts from clients' e-mail
correspondence and chronological summary
E-mail re: new Schoolcraft "documentary"
Watched new Schoolcraft documentary (Eterno appears)

38

2.10
0.10
2.10
2.75
0.40
0.50
0.30
0.10
2.30
3.25
5.25
3.10
3.25
0.50
0.50
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.25
0.40
0.20
0.50
0.10
1.40
0.10
0.30

The Smith Group
The Smith Group billed over 30 hours for working with media relations, lobbying
governmental organizations and trying to get the PBA union involved in the
Litigation, none of which time advanced the Litigation. The time was allocated as
follows:
Lobbying

Smith Group
Smith
Lenoir

16.95
13.13
30.08

Typical time entries include:
02/16/13

JL

02/17/13

JL

02/21/13

JL

02/22/13

NBS

03/03/13

NBS

03/05/13

NBS

06/14/13

NBS

10/13/13

NBS

10/13/13

JL

Review of case history and complaint; document preparation
for presentation to DOJ
Review of case files and and audio recordings; document
preparation to formally request DOJ intervention
Telephone conference with Gleason and client Schoolcraft in
reference to case preparation for trial (DOJ letter review).
Review of emails; telephone call to co-counsel; telephone
Graham Raymond (Village Voice).
Review of discovery; review of discovery plan; review of draft
letter to Justice Department.
Telephone conference with client re Justice letter and Chris
Dunn three times; review of discovery record.
Email regarding press contracts; telephone call to client; further
research on Younger issue.
Telephone conference with client re: status re: NYCLU and
Dunn and going forward; telephone call to John Lenoir re: same
Telephone conference with Smith and NYACLU re assistance
in case

3.50
3.25
1.25
0.70
2.50
2.50
3.50
2.30
0.75

The Gleason Group
The Gleason Group billed over 61 hours for working with media relations,
lobbying governmental organizations and trying to get the PBA union involved in
the Litigation, none of which time advanced the litigation. The time was allocated
as follows:
Levine
Gleason
Gilbert

4.7
42.27
14.31
61.28

39

Typical time entries include:
1/11/12

Levine

1/11/12

Gilbert

1/12/12

Levine

1/12/12
1/14/12
1/14/12

Gilbert
Levine
Gilbert

12/13/12
12/13/12

Gleason
Gilbert

12/13/12

Gleason

12/14/12

Levine

12/14/12

Gilbert

01/14/13
01/15/13
01/18/13
01/29/13

Gleason
Gleason
Gleason
Gleason

02/05/13
02/17/13
03/18/13
03/18/13
03/20/13
03/25/13

Gilbert
Gleason
Gleason
Gleason
Gleason
Gleason

04/02/13
04/10/13

Gleason
Gleason

Conf. with RG re: Union's failure to represent AS in trial
room and/or return to full duty strategy
Meeting with PG, re: Union's failure to represent
Confer with HL on failure/strategy
Review of research on Union's representation and failure to
advocate for AS 2.0
Research on Union's failure to advocate for A.S
Conf. with RG re: Union rep. research & strategy
Meeting with PG, re: Queens DA. Research Discovery of
D.A.'s investigative file: email PG Confer with HL regarding
research outcome & strategy with regard to same
Phone conv. with FS re: Queens DA press release.
review of E-mail from AS with Queens D.A. Press Release
re: no criminality: multiple TC's with PG and AS & confer
with HL re: same
E-mail from AS containing review/discussion of 12/4/12
Press Release from QCDA with the
conclusion that there was no criminality in the manner that
Plaintiff was taken from his home and placed in a
psychiatric facility. Extensive Follow up phone conv. with
AS and RG.
Conf. with RG; review Queens D.A. press release Multiple,
TC's with PG and AS; alternate responses discussed.
Confer with HL re: press release; TC with PG, re: 1PP's
position on AS.
Meeting with RG, re: Queens DA.
Phone conv. with AS re: Queens DA.
E-mail to PBA, re: their assistance in the matter.
E-mail from Center for Constitutional Rights (CCR) review
of enclosed affidavit.
Research memo & draft subpoena to Queens D.A.
E-mail correspondence between NS & JL, re: Queens DA.
E-mail form NS, re: edits to letter to DOJ.
E-mail from JL, re: Schoolcraft media report.
E-mail from NS, re: final draft of DOJ letter.
E-mail from NS, re: Letter from Dept. Advocates Office
dated April 5, 2011.
Press inquiry, re: AS
Letter from NYPD Department Advocates Office, review of
same.

1.00
1.00
0.70
2.00
0.75
4.75
0.50
3.00
4.50

1.50
1.00
0.75
0.50
0.13
0.50
2.50
0.25
0.25
0.25
0.13
0.25
0.13
0.25

See Exhibit 5 for a more comprehensive list of examples.
Recommended Reductions:
In ASI’s opinion, all time specifically related to media relations, lobbying
governmental organizations and trying to get the PBA union involved in the
Litigation should be excluded, resulting in the following reductions:

40

Press &
Lobbying

Norinsberg Group
Cohen
Norinsberg
Fitch
Burzstyn

28.42
37.45
29.90
.75
96.52

Smith Group
Smith
Lenoir

16.95
13.13
30.08

Gleason Group
Levine
Gleason
Gilbert

3.70
42.27
14.31
60.28
186.88

c) Departmental Hearing
The Smith Group and the Gleason Group billed over 61 hours22 in
connection with representing Mr. Schoolcraft in the departmental hearing, which
was not related to the Litigation, allocated as follows:
Hours

Smith Group
Lenoir
Smith

7.25
14.15
21.40

Gleason Group
Levine
Gleason
Gilbert

2.58
29.70
7.46
39.74
61.14

22 Time related to the Motion to Stay the Departmental Hearing is not included.
41

The Smith Group
Typical time journals include:
04/11/13

NBS

04/11/13

JL

04/25/13

NBS

04/25/13

JL

05/16/13

NBS

05/16/13

JL

05/17/13

JL

05/18/13

JL

05/20/13

NBS

05/21/13

JL

05/22/13

NBS

05/30/13

NBS

06/03/13

NBS

Meeting with team and Rae Kosheck re: NYPD re adm
trial issues.
Meeting with R. Koshets; Nat Smith; Peter Gleason;
Gilbert to review NYPD pending internal charges v. client
Appearance at 1 Police Plaza for conference; telephone
call to client re: status; review of interviews by QAD.
Meeting with Adrian Schoolcraft and Nat Smith to
prepare client for depositions; review status of case
Review of files; telephone call to co-counsel; telephone
client; call to Lisa Bland.
Telephone call with Nat Smith and Helena Melisi re:
NYPD reinstatement options for AS.
Telephone call with Nat Smith 3:30-4:15 and draft email
re: strategy for NYPD departmental hearing June 17-18,
2013.
Review of IAB interviews; telephone call with Nat Smith
and AS re: strategy for NYPD departmental hearing
Review of personal file on defendants; sick report and
duty status at 10/31/09; research on Judge Sweet letter;
telephone call to John Lenoir re: Jimmy McCutkin re:
telephone to Lisa Bland.
Meeting with Nat Smith and telephone call with James
McCutcheon re: NYPD departmental trial strategy
Telephone conference re: status; telephone call Lisa
Bland re: possible deal (demand of back pay in
consideration of resignation);
review and revised responses to discovery demands.
Telephone conference with client; telephone call to Lisa
Bland's office.
Telephone conference with co-counsel; letter to Judge
Sweet on discovery; telephone call to Lisa Bland re: now
want demand from us and will not agree to stay.

2.50
2.75
2.50
1.25
5.50
0.75
1.50
3.50
3.50

2.25
1.80

0.50
3.50

The Gleason Group
Typical time journals include:
1/19/12

Gilbert

1/21/12

Levine

1/21/12

Gilbert

1/22/12

Gilbert

1/23/12
1/23/12
1/25/12

Levine
Gilbert
Gilbert

Multiple e-mails to /from PG, re: draft letter to NYPD &
redrafts
Review of PG correspondence
Confer with RG letter
Review of PG, re: NYPD letter.
Confer with HL regarding letter
Multiple emails to PG re: 1 PP letter
Meeting with PG, Re: NYPD letter; review letter
Review of PG correspondence to NYPD
Phone conv. with PG, Re: NYPD letter
Meeting with PG to discuss NYPD's response to e-mail
communications.
42

1.50
0.20
0.20
1.80
0.13
0.13
0.50

12/7/12

Levine

12/14/12

Gleason

12/14/12

Gleason

12/14/12
12/14/12

Gleason
Gilbert

12/15/12

Gleason

12/17/12

Gilbert

12/17/12

Gilbert

01/13/13

Gleason

01/19/13

Gleason

01/21/13
01/21/13

Gleason
Gleason

01/22/13

Gleason

01/22/13
01/23/13
01/23/13

Gleason
Gleason
Gleason

01/28/13

Gleason

02/02/13

Gleason

02/05/13
02/15/13
03/05/13

Gleason
Gleason
Gleason

04/03/13
04/04/13

Gleason
Gleason

04/11/13

Gleason

05/05/13

Gleason

Conf. with RG, re: AS dsicipllinary charges with
NYPD/employment issues/potential damages
reinstatement/retirement
E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft
NYPD employment issues.
E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft
NYPD employment issues.
Phone conv. With RG, re: 1PP's position on AS.
review of PG E-mail to NYPD Asst. Comm. Kearns, re:
Schoolcraft; confer with HL re: same
Phone conv. With FS, re, his conversation with first hand
witnesses to the manner in which the NYPD maintains
crime stats and subsequent memo to file.
Review of E-mail to Kearns (NYPD) re: Schoolcraft NYPD
employment issues; confer with HL
Meeting with PG, update on securing file from PC, NYPD
employment issues, investigation
Multiple e-mails from AS and follow up phone conv. with
AS. Re: PBA, NYPD, employment status and
investigation.
Several e-mails back and forth with RG, re: draft letter to
NYPD.
E-mail to and from RG, re: NYPD letter.
Phone conv. with NS, re: NYPD's handling of Schoolcraft
matter.
Phone conv. with AS, re, NYPD issues, sheduling his
travel to meet with counsel in NYC, update on progress of
investigation.
Meeting with RG, Re: NYPD letter.
Phone conv. with RG, Re: NYPD letter
E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft
position on employment matter.
Edit and hand deliver letter to NYPD Asst. Comm.
Kearns.
E-mail from AS and review of documents attached, re:
NYPD mediation.
E-mail to NYPD Asst. Comm. Kearns.
Phone conv. with NS, re: NYS CPL & file
E-mail from AS, with attachment outlining examples of
NYPD retaliation.
E-mail from AS, re: NYPD employment issues.
E-mail to and from Rae Koshetz, Esq., re: NYPD
employment issues.
Consultation with AS, Meeting with legal team and Rae
Kosheck, Esq., Follow up e-mail to Rae Kosheck, Esq.,
re: issues discussed at meeting.
Draft response letter to NYPD re: letter received on
4/10/13. Discussed strategy with AS.
E-mail to and from Rae Koshetz, Esq. re: scheduling
meeting.

43

1.50
0.125
0.13
0.50
0.13
1.50
0.20
2.00
3.25
0.50
0.25
0.75
2.25
1.25
0.125
0.125
2.00
0.75
0.13
0.25
0.25
0.13
0.25
8.00

0.13

Recommended Reductions:
Hours

Smith Group
Lenoir
Smith

7.25
14.15
21.40

Gleason Group
Levine
Gleason
Gilbert

2.58
29.70
7.46
39.74
61.14

C. Time Journals Deviate from Acceptable Billing Patterns and
Practices
When billed on an hourly basis, a client (or, in this case, the Court and the
adversary) is entitled to an accurate accounting of the time spent on its matter.
Contemporaneous time records should be kept by each attorney and paralegal
and should specify the date the work was performed, the hours expended and
the nature of the work done. The burden is on the law firm to keep and present
records of contemporaneous journals prepared by each of the attorneys and
paralegals.
Any method short of contemporaneous time records (such as re-creation
of time based on review of files) presents less than credible time records. An
individual, who reconstructs his or her schedule days or even weeks after the
work is performed, cannot hope to achieve the accuracy that the client deserves.
The City Bar of California issued an arbitration advisory on January 29,
2003 (the “California Advisory”), attached as Exhibit 6, which gives guidance as
to how an arbitrator should review legal invoices to determine whether a fee is
reasonable. Among other issues, the advisory directs an arbitrator to examine
the format of the invoices and identify:
1. Formula billing
Every single piece of paper gets a time entry as it wends its way past the
timekeeper to its destination. It does not take more than a few seconds to read
most routine correspondence. If the timekeeper reads a group of documents in a
minute or two and then records a minimum time for each document, this may
ultimately increase the time by several hours. Look for multiple timekeepers
reading the same documents.

44

2. High minimum increments
The standard minimum is 1/10th of an hour or 6 minutes. If a higher minimum is
used, such as .25 or .5, this probably increases the time by 15% to 25%. Some
courts have criticized the use of a .25 or 1/4 hour minimum as being too high.
3. Time estimates
If the bills show hours in even numbers such as 8.0, 9.0, or 10.0, these are
probably estimates rather than actual time spent and should be investigated.
4. Block billing
If one amount of time is shown for working on more than one discrete task, this is
called "block billing" or "lumping" time. This is almost never allowed by federal
courts. The practice hides accountability and may increase time by 10% to 30%.
The larger the "block", the more care should be exercised.
5. Standardized work descriptions
If one sees the exact same phrases used again and again in the bills, it is likely
that some routine has set in and this allows some "down time" to find its way into
the bills. An entry such as "review documents produced by opposition, 7.5 hours"
is typical.
6. Lack of detail
"Research issues", "attention to file", "discovery", "prepare for trial", and similar
statements are not specific enough to let the reader know what was done.
7. Wrong times
Sometimes a client knows that certain things took less time than was billed such
as the meeting in Example 1, above. Perhaps other meetings were for known
times or can be checked. Deposition transcripts usually have start and end times
and can be checked against billing invoices.
ASI reviewed the Smith Group’s, the Norinsberg Group’s and the Gleason
Group’s time journals against these standards and concluded that both groups
deviated from acceptable billing patterns and practices, as follows:

45

1) Formula Billing
The Norinsberg Group
Messrs. Norinsberg, Cohen and Fitch billed almost 132 hours writing and
reviewing emails and correspondence and, more often than not, two (2) or more
of these attorneys reviewed the same e-mails and the same correspondence.
ASI notes that the individual attorney’s time journals utilize virtually identical
descriptions, indicating that the individual timekeeper did not write the journals.
See also “Standardized Task Descriptions” below.
The effect of this formula billing is shown below, where, for instance, the
Norinsberg Group is seeking compensation for 12 minutes ($115 at the
Norinsberg Group’s requested rates) for two (2) attorneys reviewing an e-mail as
insignificant as confirming a fax number.
04/10/12
04/10/12
07/13/12
07/13/12
08/15/12
08/15/12
08/15/12
08/15/12
08/15/12
08/15/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/23/12
08/23/12
08/23/12
08/23/12

GMC
JLN
JLN
JPF
JLN
JPF
JLN
JPF
JLN
JPF
GMC
JPF
JLN
GMC
JPF
JLN
GMC
JPF
JLN
GMC
JPF
JLN
JLN
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF

Email re: Schoolcraft arrival to NYC
E-mail re: Schoolcraft arrival to NYC
E-mail from City regarding tax return authorizations
Email from City regarding tax return authorizations
E-mail from B Brady re plaintiff's dep
Email from B Brady re plaintiff's dep
E-mail from B. Lee re plaintiff's dep
Email from B: Lee re plaintiff's dep
E-mail from Brian Lee re subpoenaed docs
Email from Brian Lee re subpoenaed docs
Email from Brady consenting to Amendment
Email from Brady consenting to Amendment
E-mail from Brady consenting to Amendment
Email from Brady re scheduling AS dep
Email from Brady re scheduling AS dep
E-mail from Brady re scheduling AS dep
Email from City requesting copy of complaint
Email from City requesting copy of complaint
E-mail from City requesting copy of complaint
Email from City re AS dep date
Email from City re AS dep date
E-mail from City re AS dep date
E-mail from GC re dep dates
Email from Greg Rad re AS dep
Email from Greg Rad re AS dep
Email from JN re dep dates
Email from JN re dep dates
Email from Kretz re AS dep date
Email from Kretz re AS dep date
Email from Lee re AS dep date
Email from Lee re AS dep datr
Email from Brady re plaintiff's dep date
Email from Brady re plaintiff's dep date
Email from Lee on plaintiff's dep dates
Email from Lee on plaintiff's dep dates
46

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

08/23/12
08/23/12
08/28/12
08/28/12
08/29/12
08/29/12
08/29/12
08/29/12
09/10/12
09/13/12
09/10/12
09/10/12
03/26/15
03/26/15

GMC
JPF
JLN
JPF
JPF
GMC
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JLN

Email from Lee re second day for AS dep
Email from Lee re second day for AS dep
E-mail from GC re Chief article
Email from GC re Chief article
Email 2 & 3 froin JN re discovery to defendants
Email 2 & 3 from JN re discovery to defendants
Email from JN to defendants enclosing discovery
Email from JN to defendants enclosing discovery
Email from City re fax# confirmation
Email from City re fax # confirmation
Email from JN re 120 day extension of discovery
Email from JN re 120 extension of discovery
Review of Kretz letter re film
Review of Kretz letter re film

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

See Exhibit 7 for a list of all correspondence that was reviewed by multiple
timekeepers, used basically identical task descriptions, and was billed as .10.
See Exhibit 10 for a complete listing of all correspondence that was reviewed by
multiple timekeepers and used standardized task descriptions. See also
“Standardized Task Descriptions” and “Communication Entries.”
2) Billing Increments
The practice of billing in quarter-hour (or greater) increments inflates and
distorts the time actually expended, and hence is unacceptable. The use of
minimum time charges is commonly understood to mean that if any part of the
next time charge is consumed, then all of that time charge is billed. The use of
15-minute increments has an inherently inflationary effect on legal bills. It means
that if a timekeeper spent 5 minutes on a casual assignment, the client was billed
for 15 minutes of work. Likewise, if a timekeeper spent 20 minutes attending to
the matter, the client was billed for 30 minutes. Clearly, the practice of billing in
full hour billing increments has an even greater inflationary effect.
Several legal ethics experts — William G. Ross, a professor at Samford
University Cumberland School of Law and author of The Honest Hour: The
Ethics of Time-Based Billing by Attorneys; Lisa Lerman, who teaches
professional responsibility at the Catholic University of America Columbus School
of Law; and Stephen Gillers, the New York University School of Law ethicist have
uniformly opined in the article that billing in minimum increments, and rounding
up, are both outdated and unethical practices. These ethicists have said that a
minimum billing increment of a quarter hour is definitely excessive under any
circumstances.
Charging for time not actually spent on a task is, by definition,
unreasonable and unethical. When a bill lists 1.00 hours, clients should have
every expectation that the attorney creating the bill actually spent 60 minutes on
the client’s matter. If, in truth, the attorney did not spend 60 minutes, the billing
47

statement is inflated. While "rounding up" is permissible to a small extent for
administrative reason, repeatedly rounding to fifteen minutes is questionable at
best and raises substantial issues as to whether the fee was reasonable. “[I]t
goes without saying that a lawyer who has undertaken to bill on an hourly basis
is never justified in charging a client for hours not actually expended. Billing by
the tenth of an hour has become standard and courts have been critical of the
practice of billing in quarter-hour increments as too broad to accurately reflect the
amount of time lawyers devote to work on behalf of clients.”
The Smith Group
As set forth on Exhibit 8, Smith never billed anything as .10. Rather, he
used .20 (twelve minutes) three occasions, .30 (18 minutes) on seven (7)
occasions, .40 (24 minutes) on five (5) occasions and everything else was thirty
(30) minutes or more. Lenoir never billed anything in .10, used .20 only once and
everything else was billed as having lasted thirty (30) minutes or more. Suckle
billed .10 on three (3) occasions, .20 on four (4) occasions and everything else
was 15 minutes or more.
And, as set forth below, a disproportionate amount of Smith’s time was
billed in 30 minutes billing increments, and a disproportionate amount of Lenoir’s
and Suckle’s time was billed in 15 minute time increments:
Timekeeper
Smith Attorneys
Smith
Suckle
Lenoir
Smith Paralegals
J. Lenoir
J. Smith
Smejila
24
Bauza

Aggregate
Hours Billed

Total
Days
Billed

.25

2,217.50
108.90
1,281.00

539
36
378

244

36
16
62
93

.50

.75

9 (25%)
38 (10%)

344 (64%)
8 (22%)
183 (48%)

2 (2%)

3 (8%)
1 (6%)
4 (6%)
2 (2%)

.00

1 (3%)
66 (17%)
1 (6%)

24 (5%)
9 (25%)
90 (24%)

Other
Increment
Used
23

168 (31%)
9 (25%)
1 (<1%)

33 (92%)
13 (82%)
58 (94%)
89 (96%)

1 (6%)

As the chart above illustrates, Mr. Smith used 30 minute billing in 69% of
the time. In ASI’s experience, when timekeepers are not rounding up, there
should be an equal distribution of billing increments.

23 In 82 instances where Mr. Smith did not bill in 30 minute billing increments, he used a time
increment that ended in .80.
24 Ms. Bauza billed an aggregate of 1,287.83 hours between February 21, 2013 and September
16, 2015. In 2013 she billed 244 hours, almost all of which was in full hour increments. After
December 31, 2013, she billed 46.94% of her time in quarter hour increments.
48

The Gleason Group
The minimum time increment for the Gleason Group was .125 (7 ½
minutes) which they occasionally used for single entry communications. The
Gleason Group billed an aggregate of 7.66 hours using the .125 billing
increment. It should be noted that after March 15, 2013, each time Mr. Gleason
used a .125 billing increment, the amount requested was $67.50, which equates
to .135 hours and not .125 hours.
And, as set forth below, excluding communication where the Gleason
Group billed .125 hours, the Gleason Group billed primarily in quarter hour
increments.
Timekeeper

Levine
Gleason

Aggregate
Hours
Billed
71.03
331.00

Total Times
Billed over
.125
31
113

.25

.50

4 (13%)
26 (23%)

16 (52%)
38 (33%)

.75

29 (26%)

.00
7 (22%)
20 (18%)

Other
Increment
Used
4 (13%)

3) Block Billing
“Block billing” is a time-keeping method by which a lawyer or legal
assistant enters the total daily time spent working on a case, rather than
itemizing the time expended on specific tasks. Courts disfavor the practice of
block billing because “[w]hen time records are block billed, the court cannot
accurately determine the number of hours spent on any particular task, and the
court is thus hindered in determining whether the hours billed are reasonable.”
Most courts, when considering block billing, have performed a percentage
reduction in either the number of hours or in the lodestar figure.
In total the groups billed an aggregate of 3,415.09 hours that were block
billed. See Exhibit 9 for all the time journals that were block billed.
Block billing is especially troubling in the instant situation because at times
this billing methodology obscured the amount of time spent on work that is not
compensable or is otherwise inappropriate billing (e.g., billing press relations
and/ or billing work that should have been allocated to the Medical Defendants).
For instance, set forth on the following page are a few examples of block
billed entries that include work, some of which is allocable to the City and other
work allocable to the Medical Defendants:

49

02/18/14

NBS

02/19/14

NBS

03/19/14

MB

04/18/14

NBS

04/23/14

NBS

04/24/14

MB

04/29/14

NBS

Review of examination before trial for discovery letter; emails
reference defendant's examination before trial and Norinsberg
termination letter; request JHMC provide and produce the two
EMT's.
Telephone conference with co-counsel (HS) reference medical case;
state action; pro and sub due process; review of emails reference
discovery status; telephone call to John Lenoir reference same.
Draft NYPD proposed jury instructions; continue state action
research re: Medical Defendants.
Various telephone calls with John Lenoir; telephone client; review of
decisions on involuntary hospital and damages.
Drafting opposition to Jamaica Hospital motion for protective order;
prepare for and attend examination before trial of Bernier
Research the various state action tests in the context of a private
hospital; collect and analyze Second Circuit case law.
Review of state motion cases; meeting with co-counsel; call to client.

The Norinsberg Group
ASI identified almost 432 hours (13% of their aggregate time) of the
Norinsberg Group’s time that was block billed, allocated as follows:
Norinsberg Group
Norinsberg
Cohen
Fitch
Burzstyn

Hours
207.75
95.35
115.05
13.60
431.75

Percent of Aggregate Billing
14%
12%
13%
13%

The Gleason Group
ASI identified almost 274 hours (54% of their aggregate time) of the
Gleason Group’s time that was block billed, allocated as follows:
Gleason Group
Levine
Gleason
Gilbert

Hours

Percent of Aggregate Billing

49.45
118.62
105.56
273.63

66%
38%
87%

The Smith Group
ASI identified almost 2,710 hours (51% of their aggregate time) of the
Smith Group’s time that was block billed, allocated as follows:

50

3.80

2.50
6.43
3.50
8.50
4.00
2.50

Smith Group
Smith
Lenoir
Suckle
Bauza
J. Smith
J. Lenoir

Hours

Percent of Aggregate Billing

1,476.10
714.75
36.50
436.68
37.68
8.00
2,709.71

25

67%
56%
34%
34%
54%
6%

4) Standardized Task Descriptions
The Smith Group
The Smith Group’s time journals are replete with entries that contain
standardized work descriptions. Examples, which in no way is meant to be
exhaustive are included below:
09/07/14
09/08/14
09/09/14
11/25/14

JLL
JLL
JLL
JLL

Read Schoolcraft deposition.
Read Schoolcraft deposition
Read Schoolcraft deposition
Summarize deposition of Larry Schoolcraft.

2.00
2.00
2.00
5.00

25 As set forth below (not meant to be an exhaustive list), in many instances where Mr. Smith has
single entry time journals, the individual time for the tasks does not equal what he billed for the
day:
7/30/2013

NBS

10/14/2013

NBS

10/30/2013

NBS

2/10/2014

NBS

3/26/2014

NBS

6/6/2014

NBS

6/13/2014

NBS

8/4/2014

NBS

10/20/2014

NBS

Revising documents (sub of counsel; memo of understanding; discovery demands)
(1.5); telephone call H. Suckle re: possible involvement; telephone co-counsel re:
status; review of Section 1983 case law (1.5).
Telephone conference with L. Dunn; telephone call to John Lenoir re: case; drafting
and research on motion to strike Mauriello answer; discovery matters (AEO personal
property) and opposing to motion to amend pleadings (7.5).
Telephone conference with client (1.0); email opposing counsel re: adjournment on
Mauriello; review of ernails; review of Mauriellotestimony in Floyd case; review of AS
personnel file records for examination before trial (2.0)
Telephone conference with the court clerk reference submission on February 10,
2014; letter to court; prepare for doctor's examination before trial (2.8)
Review of drafts 30(b)(6); appear in court on discovery status (2.2); telephone call
client; review of document demands; meet and confer with opposing counsel (1.0).
Prepare discovery demands re: Mauriello (1.5); conference call with John Eterno; Eli
Silverman and team re: expert issues (compstat, blue wall, and digital recorder);
review of New York City conflict of interest issue, law, decision (1.2)
Telephone conference with Eli Silverman and John Eterno re: expert discovery
schedule (1.0); review of conflict laws; telephone call to Mag Bauza; telephone to
John Lenoir; memo to file on ER expert (.5)
Drafting letter re: 3 discovery motions; long conference call with experts Silverman
and Eterno (1.5); preparing letter for experts on police issues and transmitting
documents to experts (2.5)
Telephone conference with with John Eterno (1.5) re: examination before trial and
case; telephone call with chambers re: next conference; emails re: same; revising
pleading for purpose of motion; review of case law on right to refuse, medical
treatment (1.5).

51

3.50
8.50
4.50
3.80
3.80
3.20
4.50
7.50
3.80

11/26/14
11/28/14
11/29/14
11/30/14
12/10/14
12/02/14
10/01/14
10/01/14
10/02/14

JLL
JLL
JLL
JLL
JLL
JLL
JS
JS
JS

10/02/14

JS

09/30/14
09/30/14
10/06/14

JS
JS
JS

10/07/14

JS

10/09/14
10/09/14
10/10/14
10/14/14
10/14/14
10/15/14
10/08/14
10/08/14
10/09/14
11/24/14
11/24/14
11/28/14
11/28/14
12/01/14
12/01/14
12/26/14
12/27/14
12/28/14
12/29/14
08/06/13
08/12/13
08/14/13
08/19/13
08/20/13
08/21/13
08/26/13
08/29/13
09/03/13
09/06/13
09/09/13
09/11/13
09/12/13
12/16/14
12/17/14

JS
JS
JS
JS
JS
JS
LS
LS
LS
LS
LS
LS
LS
LS
LS
LS
LS
LS
LS
MB
MB
MB
MB
MB
MB
MB
MB
MB
MB
MB
MB
MB
NBS
NBS

Summarize deposition of Larry Schoolcraft.
Summarize deposition of Steven Mauriello.
Summarize deposition Steven Mauriello
Summarize deposition of Steven Mauriello.
Summarize deposition of Steven Mauriello,
Summarize deposition of Steven Mauriello.
Reading and taking notes on "NYPD Tapes."
Reading and taking notes on NYPD tapes
Reading and taking notes on the Schoolcraft depositions;
listening to and discussing the Schoolcraft tapes from October 31,
2009.
Reading and taking notes on Schoolcraft Depositions; listening to
and discussing Schoolcraft tapes from October 31, 2009.
Reading, taking notes and discussing the Schoolcraft depositions
Reading, taking notes and discussing the Schoolcraft depositions.
Reading, taking notes, and discussing the Schoolcraft
depositions.
Reading and taking notes and discussing the Schoolcraft
depositions.
Reading, taking notes and discussing the Schoolcraft depositions.
Reading, taking notes, and discussing the Schoolcraft depositions
Reading, taking notes and discussing the Schoolcraft depositions
Reading and taking notes.
Reading and taking notes on the Schoolcraft depositions.
Reading and discussing the Schoolcraft depositions.
Trainor summary deposition
Trainor summary deposition.
Trainor summary deposition.
Summarize deposition of Dr. Patel
Summarize deposition of Dr. Patel.
Summarize deposition of Purpi
Summarize deposition of Purpi.
Summarize deposition of Dr. Patel
Summarize deposition of Purpi.
Summarized Lubit deposition.
Summarized Lubit deposition
Summarized Lubit deposition
Summarized Lubit deposition.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Timeline Project.
Timeline Project.
Timeline Project.
Timeline Project.
Drafting summary judgment motion.
Drafting summary judgment motion.
52

5.00
2.00
1.00
2.00
4.00
6.00
1.50
3.50
5.00
4.43
5.50
5.50
1.00
2.50
2.00
1.75
1.00
3.00
3.00
2.00
5.00
5.00
2.00
4.00
3.00
3.50
3.50
2.00
1.00
3.00
4.00
4.00
4.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
7.50
10.50

12/18/14
12/20/14
12/21/14
03/03/15
03/04/15
03/05/15
03/06/15
07/04/15
07/05/15

NBS
NBS
NBS
NBS
NBS
NBS
NBS
NBS
NBS

Drafting summary judgment motion.
Drafting summary judgment memo.
Drafting summary judgment motion.
Drafting reply.
Drafting reply.
Drafting reply.
Drafting reply.
Drafting opposition to reconsideration motions.
Drafting opposition to reconsideration motions.

12.00
9.50
7.50
7.50
10.50
10.50
9.50
3.80
4.00

The Norinsberg Group
While not traditionally standardized task descriptions, Norinsberg, Cohen
and Fitch billed almost 877 hours (28% of their aggregate time) where the task
descriptions were virtually identical. Usually counsel claimed in the billing entries
that these identical entries reflected meetings or discussions with each other, but
it is not reasonable for every task or event to require a meeting or discussion, or
even simultaneous review or editing by multiple partner level attorneys.
Sometimes counsel appear to have acted independently on the face of the
description for all or part of the work, yet claim the exact same amount of time for
the exact same task description. Not only do these time journals indicate that the
individual timekeeper did not keep contemporaneous time journals, but also
shows that the timekeepers were duplicating each other’s efforts and mirroring
the work of the other. See also “Lack of Billing Judgment-Duplication in Effort and
Other Inefficiencies” below.
Set forth below are examples, which in ASI’s opinion, are suspicious
entries:
08/09/10
08/09/10
08/09/10
08/09/10
09/10/10
09/10/10
11/16/10

JLN
GMC
JLN
GMC
JPF
GMC
JLN

11/16/10

GMC

02/13/12
02/13/12
03/29/12
03/29/12
03/29/12
03/30/12
03/30/12
05/11/12

JLN
GMC
JLN
GMC
JPF
GMC
JLN
JPF

05/11/12

GMC

Review of final draft of AS complaint to be filed
Review of final draft of AS complaint to be filed
Review of legal issues re: Negligent hiring claim
Review of legal issues re: Negligent hiring claim
Review of Times article points with GC
Review of Times article points with JF
Review of affidavit Darius Charney wants Schoolcraft to sign Aff for
Floyd
Review of affidavit Darius Charney wants Schoolcraft to sign for
Floyd case
Review of final supplemental discovery demands for NYC
Review of final supplemental discovery demands for NYC
Revised and help draft proposed AEO stip w/ GC and JF for City
Revised and help draft proposed AEO stip w/JN and JF for City
Revised and help draft prqposed AEO stip w/JN and GC for City
Final review of proposed AEO stip
Final review ofproposed AEO stip
Read and review of defendant's letter to quash and discussion w/ GC
& JN
Read and review of defendant's letter to quash and discussion w/ JF
& JN
53

0.50
0.50
0.30
0.30
0.25
0.25
0.40
0.40
0.30
0.30
0.80
0.80
0.80
0.30
0.30
2.10
2.10

05/11/12

JLN

11/02/12
11/02/12
02/11/15
02/11/15
02/11/15
03/09/15
03/09/15
03/27/15
03/27/15

GMC
JLN
JLN
JPF
GMC
JLN
GMC
JLN
GMC

Read defendant's motion to quash and discussion w/ GC & JF re:
same
Review of case law sent by Lee re: medical defendants liability
Review of case law sent by Lee re: medical defendants' liability
Review of witness/exhibit list from JF and discuss with GC
Review of witness/exhibit list from JN and discuss with GC
Review of witness/exhibit list from JN and discuss with JF
Review of plaintiffs consolidated 56.1
Review of plaintiff's consolidated 56.1
Review of Sgt. Chu and Scott memo
Review of Sgt. Chu and Scott memo

2.10
0.40
0.40
1.30
1.30
1.30
1.00
1.00
0.30
0.30

See Exhibit 10 for a complete list of their standardized task descriptions.
5) Lack of Detail
Time records should set forth, in reasonable detail, an appropriate
narrative description of the services rendered. The description should identify
the participants in the activity, as well as its scope and purpose. This type of
standard is necessary so that an assessment can be made as to whether the
work was necessary, and was performed within a reasonable time or whether
people with the appropriate skill levels, and hence appropriate billing rates, were
assigned to the tasks. Indeed, detailed billing records are often the only line of
defense that a client has to guard against padded time.
The Norinsberg Group
Nonetheless, excluding the audio recordings discussed below, the
Norinsberg Group billed over 191 hours (5.6% of its aggregate billing) were the
time journal was so vague, ASI could not ascertain what issue, motion or witness
the timekeeper was working on.
Norinsberg
Cohen
Burzstyn
Fitch
Meehan

56.15
54.95
13.10
58.55
8.95
191.70

Typical time journals included:
02/11/15
02/11/15
02/12/15
02/15/15
02/16/15
02/17/15
03/13/15
03/27/15
07/06/15

GMC
GMC
GMC
GMC
GMC
GMC
GMC
GMC
GMC

Review of email from AS
Review of deposition exhibits
Review of deposition exhibits
Review of deposition exhibits
Review of summary judgment motions and exhibits
Review of deposition exhibits
Review of email from JN re:
Phone conference with JN, NS, JF, John Lenoir ("JL")
Review of email correspondence between all parties
54

0.10
3.10
4.40
4.80
3.10
3.75
0.25
1.00
0.10

07/08/15
07/15/15
08/14/15

GMC
GMC
GMC

08/21/15
08/24/15
08/24/15
08/26/15

GMC
GMC
GMC
GMC

08/27/15

GMC

09/01/15

GMC

09/02/15
08/10/15
08/13/15
08/13/15
08/13/15

GMC
JJM
JJM
JJM
JJM

02/11/15
02/12/15
02/15/15
02/17/15
03/27/15
07/31/15
08/04/15
08/10/15
08/10/15
08/24/15
08/26/15
02/12/15
02/15/15
02/16/15

JLN
JLN
JLN
JLN
JLN
JLN
JLN
JLN
JLN
JLN
JLN
JPF
JPF
JPF

03/27/15
04/02/15
09/02/15

JPF
JPF
JPF

Review of email correspondence between all parties
Review of email correspondence between all parties
Review and update cross examination drafts to date and emailed all to
team
Sent updated crosses to team
Reviewed JN cross outlines and updated witness examinations
Received JN cross examinations
Reviewed JN cross outlines and updated my own witness
examinations
Reviewed JN cross outlines and updated my own witness
examinations
Reviewed JN cross outlines and updated my own witness
examinations
Drafted points to discuss w/JN
Continue reorganizing dep nighlights
Add new dep highlights into existing prelim cross outline
Re-organize prelim cross outline to account for additional transcript
Continue to add new deposition highlights into existing prelim cross
outline
Started review of deposition exhibits
Continued review of deposition exhibits
Cont'd review of deposition exhibits
Finished review of deposition exhibits
Phone conference with GC, NS, JL
T/c conference with defense counsel
T/c GC regarding discussion with NS
E-mail response from NS re: my recap of conversation with AS
E-mail to NS recapping discussion w/ AS this past weekend
Sent GC cross outlines for review
Sent GC more cross outlines for review
Email to JN re proposed email
Review of deposition exhibits & depositions
Review of deposition exhibits &
depositions
Phone conference with JN, GC, NS, JL
Meeting with JN and NS team
Corrections from SK

0.10
0.10
4.80
0.25
1.75
0.10
3.30
2.50
2.80
1.40
1.10
2.90
2.25
2.70
3.40
3.75
3.20
1.80
1.00
0.50
0.20
0.10
0.10
0.10
0.10
0.10
3.90
4.80
1.00
1.90
0.25

The Smith Group
The Smith Group billed over 689 hours (12.8% of its aggregate billing) that
were so vague, ASI could not ascertain what issue, motion or witness the
timekeeper was working on.
Smith Group
J. Lenoir
McCutcheon
Suckle
Bauza
J. Smith
Smith
Lenoir

2.00
1.50
.65
139.73
29.46
366.06
150.03
689.43
55

Typical journal entries included the following:
08/10/15
08/13/15
08/13/15
08/13/15

JJM
JJM
JJM
JJM

02/12/15

JL

03/10/15
04/01/15
04/03/15
08/24/15

JL
JL
JL
JL

08/26/15
02/19/15
02/25/15
03/11/15
06/04/15
04/09/15

JL
NB
NB
NB
NB
NBS

07/17/15

NBS

08/24/15

NBS

08/25/15

NBS

09/07/15

NBS

07/25/13

NBS

07/26/13
07/27/13
09/21/13
03/24/14
02/27/15
03/03/15
03/04/15
03/05/15
03/06/15

NBS
NBS
NBS
NBS
NBS
NBS
NBS
NBS
NBS

Continue reorganizing dep nighlights
Add new dep highlights into existing prelim cross outline
Re-organize prelim cross outline to account for additional transcript
Continue to add new deposition highlights into existing prelim cross
outline
Telephone conference with co-counsel; review of summary judgment
motions by defendants.
Telephone conference with Nat.
Prepare expert witness testimony and trial notebook.
Research and prepare expert witness; direct and cross
Review of trial exhibits, expert rpts and EBTs; prepare expert trial
witness outlines.
Prepare witness trial outlines.
Same
Same
Same
Same
Prepare for trial - jury verdict sheets and cross examination outlines of
witnesses
Telephone conference with John Lenoir; review of CompStat clips;
review of emails.
Preparing focus sheets; email co-counsel re: mental patient gun
rights.
Review of various recordings listed on JPTO; letter to court in
opposition to motions.
Preparing for trial; preparing cross examinaiton outlines and focus
sheets for witnesses set to testify or likely to testify for various witness
assignements fro trial team
Prepare for all counsel conference call; telephone co-counsel;
telephone call client.
Preparing documents for client.
Meeting with T. Skinner re: case.
Meeting with client.
Meeting with team; telephone call with client.
Preparing reply papers.
Drafting reply.
Drafting reply.
Drafting reply.
Drafting reply.

1.10
2.90
2.25
2.70
2.50
0.50
6.50
4.50
6.50
3.50
1.60
0.40
1.80
0.60
7.50
1.20
1.30
5.00
4.50
3.50
0.90
0.80
3.50
3.50
5.50
7.50
10.50
10.50
9.50

6) Wrong Times and Dates
The Smith Group
a) Depositions
ASI reviewed the deposition transcripts to ascertain the dates and times
that the depositions actually occurred and compared them with the time journals
of the Smith Group, and found the following discrepancies:

56

i) Dr. Aldan-Bernier Deposition
Dr. Aldan-Bernier’s deposition was taken on February 11, 2014 (10:31
A.M. - 6:31 P.M.), and according to the deposition transcript Mr. Smith, Mr.
Lenoir and Mr. Suckle attended this deposition.
Mr. Suckle
Although Mr. Suckle was present at the Aldan-Bernier deposition, and
actually was the attorney taking the deposition, his time journal for February 11,
2014 reads:
2/11/2014

HS

prep Isakov deposition

9.00

And, as set forth below, he reports devoting 15.50 hours for preparing and
attending her deposition on April 20, 2014, a date that no deposition in the
Litigation occurred.
4/20/2014
4/22/2014
4/23/2014

HS
HS
HS

preparation Aldana-Bernier deposition
preparation Aldana-Bernier deposition
prep and conducted Aldana-Bernier deposition

4.50
3.00
8.00

Mr. Lenoir
As set forth below, Mr. Lenoir reports attending this deposition on October
16, 2013, a date that no deposition in the Litigation occurred.
10/16/2013

JL

co-counsel at deposition Dfnt Bernier - 111 Broadway- by H.
Suckle

1.75

Mr. Smith
As set forth below, Mr. Smith reports attending this deposition on April 23,
2014, a date that no deposition in the Litigation occurred.
4/23/2014

NBS

Drafting opposition to Jamaica Hospital motion for protective order;
prepare for and attend examination before trial of Bernier

ii) Mr. Purpi
Mr. Purpi’s deposition was conducted on July 16, 2014 (10:25 A.M. 12:10 P.M.) and then again on September 19, 2014 (10:06 A.M. - 11:09 P.M.)
According to the deposition transcript both Mr. Smith and Mr. Lenoir were
present for both sessions.

57

8.50

Mr. Smith
As set forth below, Mr. Smith reports attending the second deposition
session on September 17, 2014 and only Mr. Carrasco’s deposition on
September 19, 2014.
9/17/2014
9/19/2014

NBS
NBS

Prepare for and take Purpi examination before trial.
Prepare for and attend Carrasco ebt

3.50
5.50

iii) Mr. Whalen and Mr. Whittman’s Depositions
Mr. Whittman’s deposition was conducted on July 15, 2014 (10:17 A.M. 11:38 A.M.) and Mr. Whalen’s deposition was conducted the same date from
1:46 P.M. to 2:37 P.M. and according to the deposition transcript both Mr. Smith
and Mr. Lenoir were present.
Mr. Smith
As set forth below, Mr. Smith reports that he was preparing for these
depositions, not attending them, on that date.
7/15/2014

NBS

Prepare for 30(b)(6) of witnesses on appeal; review and quatoa
issues; prepare for City examination before trial on training;
disciplines and crime reporting.

3.20

7) Different Times Reported for the Same External Event
The Smith Group
As set forth below, when the Smith Group did not block bill their time, they
often reported different amounts of time for the same external event.
04/26/13

NBS

04/26/13

JL

04/27/13
04/27/13
06/26/13
06/26/13

NBS
JL
NBS
JL

07/10/13

NBS

07/10/13

JL

08/27/13

NBS

Meeting with client re: background and chronological with John
Lenoir.
Meeting with Adrian Schoolcraft and Nat Smith to prepare for
depositions
Meeting with client re: background with John Lenoir.
Meeting with Schoolcraft and Nat Smith to prepare for depositions.
Travel to Johnstown for meeting with client [8 hours of travel].
Meeting with client and Nat Smith - Johnston New York Holiday Inn. 7
hours are travel time billed separately
Travel to Albany and meet with the client at John Garber's office (194
Washington Avenue); return to NYC { 8 hours travel time}
Meeting with client and co-counsel Smith in Albany NY. Full review of
discovery and trial posture. (7 hr travel)
Travel to Saugerties to meet client (4.5); meeting with client re: status

26 Travel Time has been deducted.
27 Travel Time has been deducted.
58

6.50
5.75
7.50
5.50
26
5.00
5.50
5.50

27

5.00
3.50

08/27/13
11/13/13
11/13/13
12/24/13

MB
HS
MB
NBS

12/24/13
12/24/13

MB
JL

12/29/13
12/29/13
12/29/13

NBS
MB
JL

12/30/13

NBS

12/30/13
01/30/14
01/30/14
04/16/14

MB
JL
MB
NBS

04/16/14

JL

04/16/14

MB

06/09/14
06/09/14
11/06/14

MB
NBS
JL

11/06/14
01/26/15

NBS
JLN

01/26/15

JL

(3.5).
Te meeting with Adrian in Saugerties. (Travel time 4.5 hours)
Appeared for SDNY motion: re video depositions
Judge Sweet's courtroom hearing.
Meeting with client and John Lenoir re: status and possible settlement
demand.
Meeting with Team and Adrian Schoolcraft.
Telephone conference with Smith and client re case status and
possible settlement range
Meeting with client to review various tape recording.
Meeting at Nat's office w/ Adrian; review audio and record.
Meeting with client, Smith and Bauza re status and go-forward;
review audio recordings
Meeting with client and review various tape recordings (4.3); obtain
tape recorder from NYPD and send to specialist for enhancement
Meeting at Nat's office w/ Adrian; review audio and record.
conduct as co-counsel w/Smith Lamstein deposition
Lamstein Deposition.
Telephone conference with team (1.0); conference with client re:
settlement demands (1.2);
Meeting with Smith (1.25); telephone conference with client to
discuss settlement and trial issues (1.00).
Conference call with Adrian re trial issues and settlement; team
conference to confer.
Team conference call w/ Adrain re trial prep and update.
Telephone conference with client re: status of case.
Case conference with client and Smith; update re: strategy and
outstanding discovery matters.
Telephone conference with client re: amending complaint.
Discussion with AS & LS re my initial review of materials they sent
me and the R. 68 offer, and the next steps for moving forward
Client conference call (1.50);

28

5.50
1.25
5.00
3.20
3.00
0.75
4.50
4.00
2.50
4.30

3.00
8.50
10.00
2.20
2.25
2.50
1.50
2.00
2.25
2.50
1.40
1.50

The Gleason Group
a) April 10, 2013 Hearing
The Gleason Group attended the hearing in the Gag Order held on April
10, 2013. As set forth below, Mr. Gilbert reported that he attended this hearing on
April 11, 2013.
4/11/13

Gilbert

Appearance SDNY oral argument

2.00

8) Communication Entries
As set forth below, it is impossible to calculate the amount of time billed for
communication entries (i.e., emails, letters, telephone calls and internal
meetings) since the majority of time that contained communication entries were
blocked.
28 Travel Time has been deducted.
59

Single Entry Correspondence/Emails
Single Entry Telephone Calls
Blocked Entry where Entries are Exclusively Communication
Entries
Blocked Entries where one or more of the entries were
communication

Smith
Group
14.10
72.75
124.10

Norinsberg
Group
134.55
90.25
28.70

Gleason
Group
10.41
34.91
49.37

451.51

43.10

23.78

Courts have been known to even find billing six (6) minutes for
communication type entries as excessive. For instance, in In re Pettibone Corp.,
74 BR 293 - Bankr. Court, ND Illinois 198 the Court noted:
The actual time spent on each item should be recorded. Except as
noted below, small amounts of time should not be uniformly
reported as a minimum block of time. In re Four Star Terminals,
Inc., 42 B.R. 419, 426-27 n. 1 (Bankr.D.Alaska 1984). For example,
the reception of any communication should not be routinely
recorded as taking a minimum of one-fifth (0.2) of an hour. In re
Sapolin Paints, Inc., 38 B.R. 807, 814 (Bankr.E.D. N.Y.1984). Also,
short telephone conversations should not routinely be recorded as
.25 or .2 hours. Four-Star Terminals, 42 B.R. at 426-27 n. 1. See
also In re Tom Carter Enterprises, Inc., 55 B.R. 548, 549
(Bankr.C.D.Cal.1985). The telephone company's rates are
predicated upon the premise that most telephone calls terminate
within three minutes. Sapolin, 38 B.R. at 814. If very short phone
calls are routinely recorded as taking 12 or 15 minutes at rates
ranging from $110 to $150 per hour and the attorney makes a
number of calls, the distortion in the hours claimed and the cost to
the estate are substantial. It would not be objectionable to use onetenth of an hour as the minimum charge for a telephone call or
other services, and that minimum is in common use. However, if
telephone calls comprise a large portion of the total fee petition,
time entries of .1 hour might also be subject to
discount. See Sapolin, 38 B.R. at 814C.
And, the Court in Hernandez v Grullense, Dist. Court, ND California
2014, found that a 50% reduction for each communication entry billed as six
minutes was appropriate, stating:
The problems with excessive billing in separate six-minute
increments are evident here. By billing every phone call, email, and
review of any notice from the Court as a separate .1 hour entry,
Rein Law inflated its fee by thousands of dollars. In addition, many
of the .1 hour entries are for conferring and "strategizing" with cocounsel. This Court is critical of the practice of billing for multiple .1
hour entries separately where they could be consolidated. See,
60

e.g., Cruz v. Int'l Collection Corp.,08-cv-00991-JF (RS), 2010 WL
2509988 (N.D. Cal. June 17, 2010) ("Schwinn billed 6.6 hours in
discrete six-minute increments, including a six-minute charge for
reviewing a notice by Defendants' counsel of an appearance by
telephone, often with multiple entries of .10 hours in a single day.
Consolidating some tasks would have been more
reasonable."); Bretana v. Int'l Collection Corp., 07-cv-5934 JF
(HRL), 2010 WL 2510081 (N.D. Cal. June 17, 2010) (same).
A study of the University of Brighton Information Services has shown that
the average time to write a message is about four (4) minutes and the average
time to read a message is about half a minute. Consistent with this study,
Magistrate Judge Debra Freeman in Lee v. Santiago found that even billing six
(6) minutes for each email was excessive and stated:
While it is difficult for the Court to assess the extent to which
Mouton's .1-hour time entries inflated his bill, the Court notes that
his separately recorded entries for what appear to be short emails
or voicemails total at least 4.0 hours (see Invoice (entries for Aug.
22, 2012, Sept. 6, 20 and 28, 2012, Oct. 22 and 25, 2012, and Nov.
7, 8, 13, 14, and 15, 2012)), and, in this Court's view, a reduction of
2.0 hours of this recorded time would be appropriate.29
Accordingly, ASI would have expected to see the majority of the Law
Firm’s communication type entries billed at six (6) minutes or less.
While the Norinsberg Group billed many of their emails/ letters as having
lasted six (6) minutes, as previously mentioned under “Formula Billing” above,
multiple timekeepers reviewed routine communications. Not only was the time for
each of these routine communications exaggerated, but the problem was
compounded by multiple reviews of the same communication. Moreover, the
Norinsberg Group’s average amount of time for emails/ correspondence ranged
from 9 minutes to 10 minutes and the average amount of time for telephone calls
ranged from 28 to 40 minutes.
The Smith Group only billed two (2) emails as having lasted six (6) minutes
and the average amount of time for emails/ correspondence ranged from 20
minutes to 144 minutes and the average amount of time for telephone calls
ranged from 43 minutes to 69 minutes.
The Gleason Group billed all communications as having lasted more than six
(6) minutes and the average amount of time for emails/ correspondence ranged
from 11 minutes to 19 minutes and the average amount of time for telephone
calls ranged from 22 to 33 minutes.
29 ROBERT LEE v. P.O. SANTIAGO, No. 12 Civ. 2558 (PAE) (DF),United States District Court,
S.D. New York (August 15, 2013).
61

The Norinsberg Group
Aggregate
Hours
Correspondence/Emails
Norinsberg
Cohen
Fitch
Burzstyn

6 minutes
# of
tasks

12 minutes
% of
tasks

267
173
182
9

82%
61%
77%
50%

20.45
51.15
18.65
90.25

Telephone Calls
Cohen
Norinsberg
Fitch

46.75
49.65
35.20
2.95
134.55

2
5
2

5%
6%
7%

# of
tasks

% of
tasks

35

11%

4

22%

3

4%

More than 12
minutes
# of
% of
tasks
tasks

54

22
112

Average Length

5

7%
39%
23%
28%

10 minutes
10 minutes
9 minutes
10 minutes

42
69
27

95%
90%
93%

28 minutes
40 minutes
39 minutes

224.80

Set forth below is a sampling of typical communication entries, where the
amount of time billed for the communication entry appears excessive:
06/29/10
07/01/10

JLN
JLN

07/05/10

JLN

07/06/10

JLN

07/06/10
07/09/10

JLN
JLN

07/12/10
07/13/10

JLN
JLN

07/16/10

JLN

07/20/10
07/21/10

JLN
JLN

07/21/10

JLN

07/22/10
07/22/10
08/01/10

JLN
JLN
JLN

08/03/10
08/05/10

JPF
JPF

08/06/10
08/07/10
08/08/10
08/09/10
08/14/10

JPF
JPF
JPF
JPF
JLN

Drafted correspondence to Jonathan Moore
T/c w/AS re: specific details of events alleged in Aug. 20,
2009 UF 49 re: Caughey/Weiss
T/c AS re: Palesto, Daily News Contact, trip to NYC and
news interviews
T/c Len Levit re: his knowledge of NYPD & thoughts about
case
T/c R.P. (Daily News reporter) re: AS case;
T/c AS re status of move, discussions with landlord
(eyewitness) and additional docs located at apt.
T/c AS re QAD interviews and PBA letter re: illegal quotas
T/c Rae Koshets re: status of Schoolcraft matter & pending
charges & speed
T/c AS re: Eric Sanders conversation and status of hard
drive retrieval
T/c with AS regarding case status
Conference call b/w Graham Raymond ("GR") GR & AS &
LS re call by NYPD to GR
T/c call b/w AS, JN&LS re: GR infonnation and Del Pozzo
"offer" & new officer fired b/c if quotas
T/c JFIGC re updates on Schoolcraft
T/c AS re Del Pozzo, GR & letters to Stuart London
T/c w/AS & LS re: Fulton Cty decision & current status of
public benefits & continued processing of Dec. 9, 2009
application for benefits
E-mail from JN re Revised Complaint
E-mail to JN re clarification of some factual issues in the
Complaint
E-mail to JN & from JN re community visits
E-mail to JN & from re explanation of community visits
E-mail from JN with additional allegations for Complaint
E-mail from JN re negligent ret. claim
Tc w/AS & LS re: Eterno & Silverman as possible expert
62

0.30
1.30
1.20
0.50
0.50
0.75
0.75
0.50
0.75
0.50
1.20
2.10
0.50
1.10
1.10
0.40
0.25
0.25
0.25
0.30
0.30
1.20

08/16/10

JPF

08/17/10
08/17/10

JPF
JLN

08/19/10

JLN

08/20/10
08/24/10

JLN
JLN

09/16/10
09/22/10
10/07/10
11/09/10

JPF
JPF
JLN
JLN

12/06/10

GMC

12/14/10

GMC

12/15/10
01/03/11

JPF
JPF

01/05/11
02/09/11
04/11/11

JPF
JPF
JPF

05/20/11
08/04/11

JPF
JPF

08/08/11

GMC

08/26/11
09/12/11

JLN
JLN

09/28/11
12/19/11

JPF
JPF

02/07/12
02/10/12

JPF
JPF

02/10/12

JLN

03/07/12
03/09/12

JPF
JLN

03/11/12

JPF

03/12/12
03/12/12
03/12/12

GMC
JPF
JPF

wtinesses and re: specific issues raised in their Compstat
article
E-mail article from "Gman" re downgrading stats & PBA
admission about quotas from 1994
E-mail from Mark Toor re Chief article
T/c w/AS & LS re: charges & specs, underlying facts relating
to each charge, & best way to challenge charges in the
NYPD trial room
T/c w/AS and LS re: chronology of events & questions
relating to specific entries
T/c w/Chris Whitehead re: quotas at 75th Pct. & retaliation
T/c w/AS & LS re: harassment by NYPD & Johnstown PD,
interactions with NYPD during visits, and specific questions
relating to what is shown on videos
E-mail from other hospital defendant re Amended Complaint
E-mail to DOJ with medical records
T/c w/ Colleen Long (AP wire) re: doing story on Schoolcraft
Drafted letter to Judge Sweet requesting extension JHMC's
motion to dismiss
Drafted letter response to premature discovery demands for
Bernier and Isakov
Correspondence w/Charney and Schoolcraft re: Floyd
affidavit
E-mail from GC re article involving Marino
E-mail from Chris Whitehead re Compstate DVDs & NYPD
summons quota
E-mail from GC re NBC news coverage on Schoolcraft
Review & edit letter to court re discover schedule
Phone convo w/ AS, re representation on his suspension &
internal hearing
Email from client re article on "Collars for Dollars"
Email from GC re Polanco charges and specs for retaliation
for whistleblowing
Review and revised responses to Bernier Discovery
demands
Read letter from B. Lee re: request for Suppl responses
Drafted letter motion to compel City defendants to produce
discovery
Email to JN re law enforcement privilege
Convo w/ Larry Schoolcraft re discovery issues, avenues to
pursue with defendants
Email from Lee re outstanding authorizations
E-mail from JN re additional items of discovery from City &
subpoenas for Johnstown records
T/c with Adrian and Larry regarding update on
correspondence and update on new discovery demands
Email from John Eterno re QAD report
Drafted letter to Lt. Gilbo Johnstown PD re: missing
documents on visits to Schoolcraft
Draft email to defendants re amending complaint to add 1st
Amendment claims
Review of SP letter re "leaked" QAD report
Review & edit response to City's letter re protective order
Diaft Response to defendants letter re: breach of protective
63

0.30
0.25
1.40
1.10
0.90
1.30
0.25
0.25
0.60
0.30
0.40
0.40
0.25
0.25
0.25
0.30
1.25
0.25
0.25
0.50
0.40
0.70
0.25
0.90
0.25
0.25
0.70
0.25
0.90
0.30
0.40
0.40
0.40

03/13/12

NB

03/30/12
04/04/12
04/05/12

JPF
JPF
JPF

04/06/12
04/06/12

GMC
JPF

04/20/12
04/23/12

JPF
JLN

04/23/12

JPF

04/24/12
05/03/12

JPF
JPF

05/10/12
05/11/12

JPF
JPF

05/22/12

JPF

05/29/12
06/08/12

JPF
JPF

07/06/12
07/09/12
07/22/12

JPF
JPF
JPF

07/25/12
08/28/12
09/11/12

JPF
JLN
JLN

09/17/12
09/24/12

JPF
JPF

10/12/12

NB

10/18/12

JPF

10/18/12

JPF

11/07/12
11/26/12
01/22/15
01/23/15

GMC
GMC
JLN
JLN

01/23/15

JLN

01/30/15

JLN

02/04/15

JLN

order
Formatted letter and made edits to letter to Court re: leaks
to media
Email from City re IAB docs & extending time to produce
Conf. re NY Times letter to undo the confidentiality stip
Email from City stating reasons why they oppose
amendment to Complaint
Correspondence w/ NY Times counsel re: protective order
Corresponderice w/ NY Times about amendments to
Schoolcraft protective order
Phone discussion w/ AS
Reviewed draft letter from JF regarding motion to amend
complaint; made edits to same
Discussion w/ Larry Schoolcraft re amendments to
complaint
Email, to hospital defendants re amendment Gough issue
Receipt and review of email from City re: revised
confidentiality AEO and Affidavits
Review, edit & submit supplemental letter
Read and review of defendant's response to plaintiff's
supplemental letter
Phone call w/ Larry Schoolcraft re Vallone and 1st
Amendment
Email, from GC w/ proposed confidentiality stips
Email to AS re discovery VV affidavit and 1st Amendment
issues
Email to City re relevancy redaction portion of AEO & stip
Email from GC w/ draft for Schoolcraft donation page
Phone call w/ Larry Schoolcraft re meeting and outstanding
discovery issues and depositions
Phone call w/ Larry Schoolcraft
Drafted letter to Court re: extension of discovery deadline
Drafted letter seeking extension of discovery deadline until
January 2013
Draft of letter to amend to add Hanlon to complaint
Email from City re service of amended complaint,
Lauderborn dep, & discovery deficiencies
Drafted and sent letter to City requesting color copies of
photographs shown at plaintiff's deposition
Review and edit letter to Ct opposing an additional day for
AS dep for Mauriello lawyer
Review and edit letter to Ct. re ASO issue & AS ability to
see the QAD report
Review of letter by SP relieving City as counsel for Mauriello
Review of correspondence to AS enclosing files
Call from LS re: reentering case as lead counsel
T/c w/GC re: potentially re-entering case & taking over for
trial
T/c with Adrian re: potentially taking over as lead counsel for
trial
Telecon w/ plaintiff and Larry Schoolcraft re: case status,
summary of w/ deposition testimony and taking over for Nat
Smith
T/c AS & LS re: case status, SJ motions and trial strategy
64

0.30
0.25
0.80
0.25
0.30
0.30
0.75
0.40
1.25
0.25
0.75
0.60
0.30
0.80
0.30
0.25
0.30
0.25
1.25
0.80
0.40
0.40
0.50
0.50
0.30
0.60
0.75
0.30
0.25
0.75
0.70
1.20
0.75
1.10

02/20/15
02/24/15
02/25/15
03/03/15
03/03/15

JPF
JPF
JPF
JPF
JLN

03/06/15
03/10/15

JPF
JLN

03/12/15
03/23/15
03/30/15
04/05/15
04/07/15
04/21/15
04/23/15

JPF
JLN
GMC
JPF
JPF
GMC
JLN

05/08/15

JPF

05/21/15
07/18/15

JPF
JLN

07/30/15

JLN

07/31/15
08/07/15

JLN
JLN

08/19/15

JLN

08/29/15

JLN

08/31/15
08/31/15
09/03/15
09/04/15

JPF
JLN
GMC
JPF

09/05/15
09/06/15

JLN
JLN

09/08/15
09/08/15

JLN
JLN

09/08/15

JLN

09/10/15
09/15/15

JPF
JLN

and next steps for moving forward
Email from AS re indemnification issue w/ Mauriello
Email from JN re motion in lim issues to be covered
Email from AS re counterclaim
Letter to Ct. from Kretz correcting 56.1 statement errors
T/c GC regarding IAB tapes, strategy for plaintiff direct and
for use of home invasion audio in opening
Review of email from AS w/ witness suggestions
T/c LS follow up on call and issues that arose in Larry's
deposition
Email from AS re additional witnesses for trial
Phone call w/GC re: James call to Lauterborn from hospital
Review of AS letter requesting conference
Email from JN re edits to motion
Response email to team re comments on motion in lim
Review of letter from City requesting more time for MIL
T/c LS regarding status of case, Judge Sweet's decision on
SJ and likely impact on case once it comes down & City's
multiple setlement overtures in the past two weeks
Email from NS wanting to schedule team meeting prior to
5/12/15 conf.
Email from NS re City's overture on discussing settlement
T/c w/ AS & LS re: JHMC opp & City's bifurcation argument
& anticipated reply arguments
T/c GC regarding settlement position & response to City's
settlement overtures
T/c conference with defense counsel
T/c w/ GC in which GC recapped latest settlement offer as
relayed by Scheiner to NS
T/c with plaintiff regarding City latest settlement offer and
City's message that window to settle will close this week and
will not re-open
Reviewed GC draft cross of Lt. Broschart; edits/revisions to
same
Email final motion to team
F/u telecon with NS re: schedule
Review of City letter re: JPTO schedule
Email from NS adjusting motion in lim filing deadline to
9/21/15 motion
t/c with AS and LS regarding City's latest settlement offer
T/c w/ LS regarding City's settlement offer and requirements
for resolving matter
Phone call w/GC re Schoolcrafts
T/c with AS and NS regarding City's latest settlement offer
and plaintiff's response to same
T/c with NS & Alan Sheiner following up on City's offer and
discussions earlier today
Phone Call with AS re: settlement
T/c with NS re: conversation w/ Scheiner

65

0.25
0.25
0.40
0.30
0.50
0.80
0.40
0.50
0.40
0.25
0.25
0.40
0.25
0.75
0.10
0.25
1.20
0.40
0.50
0.30
0.40
1.90
0.10
0.40
0.25
0.10
0.70
0.75
0.30
0.40
0.40
1.25
0.40

The Smith Group
Aggregate
Hours
Correspondence/Emails
Smith
Suckle
Lenoir
Bauza
Telephone Calls
Lenoir
Smith
Bauza

7.20
1.65
4.25
1.00
14.10

6 minutes
# of
tasks

12 minutes
% of
tasks

2

40%

# of
tasks

% of
tasks
20%

2

41.80
25.20
5.75
72.75

1

6%

More than 12
minutes
# of
% of
tasks
tasks

Average Length

3
2
4
1

100%
40%
100%
100%

144 minutes
20 minutes
64 minutes
60 minutes

43
33
5

100%
94%
100%

58 minutes
43 minutes
69 minutes

86.85

Set forth below is a sampling of typical communication entries, where the
amount of time billed for the communication entry appears excessive:
02/21/13

JL

03/22/13

NBS

03/25/13

NBS

03/26/13

NBS

05/18/13
08/06/13

NBS
JL

08/25/13
08/29/13
10/09/13

NBS
NBS
JL

10/10/13
10/13/13

JL
JL

10/14/13

JL

10/30/13
11/08/13
12/07/13
12/24/13

NBS
NBS
JL
JL

12/30/13

JL

01/02/14

JL

02/03/14
03/07/14
03/12/14
03/27/14

JL
JL
MB
JL

Telephone conference with Gleason and client Schoolcraft
in reference to case preparation for trial (DOJ letter review).
telephone call to client (.3);
call to Gleason(.4);
telephone conference with Jon Norinsberg re Queens DA;
suit and sharing information (0.5).
Telephone conference with client (.5);
call to Gleason (.3);.
Telephone conference with client and co-counsel.
Confirm with Tom Litwack meeting re: Expert Witness
participation
telephone call to J. Smith (photography of inspection).
Review of productions; telephone call, to client (0.5)
Telephone conference with Smith and client re case status
after Marino depo
Telephone conference with Smith re depositions
Telephone conference with Smith and NYACLU re
assistance in case
Telephone conference with Smith re status of case and
share of responsibilities
Telephone conference with client (1.0);
telephone call same and Mag (0.5);
Telephone conference with Smith re Mauriello counterclaim
Telephone conference with Smith and client re case status
and possible settlement range
Confer with John Curran re Stroz Friedberg analysis of
recording device and audio enhancement
Telephone conference with Smith re status and schedule of
depositions
Telephone conference with Smith re deposition schedules
Draft, review and edit correspondence re: discovery.
Letter to counsel re: search for missing discovery files.
Prepare, review, and edit correspondence re 30(b)(6)
66

1.25
.30
.40
.50
.50
.30
1.20
0.75
.50
.50
0.50
0.50
0.75
0.75
1.00
.50
0.50
0.75
1.25
0.75
0.50
1.25
1.00
1.50

04/16/14

NBS

04/26/14
04/27/14

JL
JL

06/09/14
06/09/14
06/13/14

MB
NBS
NBS

06/25/14

JL

07/18/14
07/30/14
08/04/14

MB
NBS
NBS

08/10/14
10/10/14

MB
JL

10/15/14

NBS

10/15/14

NBS

10/20/14
11/03/14

NBS
JL

11/06/14
01/08/15
02/02/15
03/10/15
05/01/15

NBS
NBS
NBS
JL
JL

06/22/15

JL

06/23/15

JL

08/21/15
09/11/15

JL
NBS

examination before trial.
Telephone conference with team (1.0);
conference with client re: settlement demands (1.2)
Telephone conference with client and Smith re: settlement.
Telephone conference with client re: settlement and trial
strategy re: medicall defendants and PTS.
Team conference call w/ Adrain re trial prep and update.
Telephone conference with client re: status of case.
Telephone conference with Eli Silverman and John Eterno
re: expert discovery schedule (1.0);
Telephone conference with party counsel and co-counsel
re:discovery scheduling.
Team conference call with expert Dr. Halpren.
Telephone conference with John and Eli re: expert report.
preparing letter for experts on police issues and transmitting
documents to experts (2.5)
Team conference call with Dr. Lubit re testimony.
Tel Conference with Lubit and Silverman re: schedule and
prepare for deposition.
Telephone conference with Walter Kretz re: Mauriello; wants
a small compensation from Adrian to settle (.3);

1.00
1.20
1.00
1.50
1.50
2.00
1.00
1.00
2.00
0.80
2.50
1.25
1.00
0.30

telephone call to Suzanna Mettham and Ryan Shaffer re:
Rule 68 offer (.4);
Telephone conference with Walter Kretz re: Mauriello; wants
a small compensation from Adrian to settle (.3);

0.40

telephone call to Suzanna Mettham and Ryan Shaffer re:
Rule 68 offer (.4);
Telephone conference with with John Eterno (1.5)
Telephone conference with Smith re: 3rd Amended
Complaint.
Telephone conference with client re: amending complaint.
Telephone conference with Howard Suckle (.3);
Telephone conference with Jon Norinsberg (.5)
Telephone conference with Nat.
Telephone conference with Nat Smith re trial
responsibilities, tactics and overall strategy
Discussion re: opposition to city & summary motions to
reconsideration (Nat Smith).
Discussion with Nat Smith re: opposition to consideration
motions.
Draft letter to court re experts at trial.
Telephone conference with A Schiener and JN re settlement
and willing to increase offer of cash some

.40

67

.30

1.50
0.75
2.50
.30
.50
0.50
0.75
0.75
0.50
1.00
0.70

The Gleason Group
Aggregate
Hours
Correspondence/Emails
Levine
Gleason
Gilbert

6 minutes
# of
tasks

% of
tasks

7.5 minutes to
12 minutes
# of
% of
tasks
tasks

More than 12
minutes
# of
% of
tasks
tasks

Average Length

1
33

50%
66%

1
17
2

50%
34%
100%

11 minutes
11 minutes
19 minutes

29.01
2.51
31.52

Telephone Calls
Gleason
Gilbert

.38
9.38
.65
10.41

6
2

12%
29%

46
5

880%
71%

33 minutes
33 minutes

41.93

Set forth below is a sampling of typical communication entries, where the
amount of time billed for the communication entry appears excessive:
01/12/13
12/07/12
12/14/12

Gleason
Gleason
Gleason

12/14/12

Gleason

12/17/12

Gleason

12/19/12
12/20/12

Gilbert
Gleason

01/23/13

Gleason

02/21/13
03/05/13
03/10/13
03/21/13

Gilbert
Gilbert
Gleason
Gilbert

Phone conv. with JL, re: viability of DOJ involvement.
Phone conv. with AS re: NYPD employment issues
E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft NYPD
employment issues.
E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft NYPD
employment issues.
E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft NYPD
employment issues.
TC with AS & LS update & strategy discussed.
Phone conv. with John Lenoir, Esq. (JL) discussing his potention
involvement in the Schoolcraft matter
E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft position on
employment matter.
Email to PG re: file preservation
TC's with PG updating status
E-mail to Council Member Williams
TC's with PG updating status

9) Conclusion Regarding Lack of Contemporaneous Time
Records
The Norinsberg Group
In light of the fact that:
a) Messrs. Norinsberg, Cohen and Fitch billed almost 132 hours for writing
and reviewing routine, very brief emails and correspondence, and more
often than not two (2) or more of these gentlemen reviewed the same
document.
b) Over 432 hours (13% of their aggregate time) was block billed.
c) Messrs. Norinsberg, Cohen and Fitch billed an aggregate of 877 hours
(almost 28% of their aggregate time) with virtually identical task
68

0.50
0.75
0.125
0.13
0.125
0.70
0.75
0.125
0.25
0.20
0.25
0.30

descriptions and time entries, indicating that these gentlemen did not
record their own time and/or keep contemporaneous time journals.
d) Over 191 hours (5.6% of their aggregate time) was recorded in a vague
fashion where ASI could not ascertain what issue, motion or witness the
timekeeper was working on.
e) Almost 225 hours were billed to communication entries, where the average
amount of time billed for email/ correspondence was 9 minutes, and the
average amount of time billed for telephone calls was 36 minutes.
in ASI’s opinion, a reasonable, if not conservative, reduction would be 15% of the
aggregate amount billed to account for the deviations from acceptable billing
patterns and practices that artificially increased the legal fees.
Recommended Reduction:
Hours Billed
Norinsberg
Group
Norinsberg
Cohen
Fitch
Meehan
Burzstyn

Recommended
Reduction

1,451.85
806.70
894.75
137.80
103.15

-217.78
-121.00
-134.21
-20.67
-14.47

Recommended Reduction
Excluding Medical Defendants,
Press and Lobbying
-197.02
-109.14
-104.28
-20.55
-8.01

The Smith Group
In light of the fact that:
a) The attorneys in the Smith Group billed primarily in 15 minute increments
and the paralegals in the Smith Group billed in 60 minute billing
increments.
b) Over 2,710 hours (51% of their aggregate time) was block billed.
c) Over 689 hours (12.8% of their aggregate time) was recorded in a vague
fashion where ASI could not ascertain what issue, motion or witness the
timekeeper was working on.
d) Smith attorneys recorded the wrong dates for depositions and even billed
time to attending a deposition when no deposition was held on that date.
e) Smith attorneys recorded different amounts of time for attending the same
external event.
f) Almost 87 hours were billed to communication entries, where the average
amount of time billed for email/ correspondence was 65 minutes, and the
average amount of time billed for telephone calls was 53 minutes.
in ASI’s opinion, a reasonable, if not conservative, reduction would be 20% of the
aggregate amount billed to account for the deviations from acceptable billing
patterns and practices that artificially increased the legal fees.
69

Recommended Reduction:
Hours Billed

Smith Group
Smith
Lenoir
Suckle
McCutcheon
Bauza
Smith Paralegals

Recommended
Reduction

2,219.40
1,281.00
108.90
23.38
1,297.97
444.18

-554.85
-320.25
-27.23
-5.85
-324.50
-111.50

Recommended Reduction
Excluding Medical Defendants, Press and
Lobbying, Substitution of Counsel and
Digesting
-382.00
-212.02
-19.00
-4.66
-188.60
-10.84

The Gleason Group
In light of the fact that:
a) The attorneys in the Gleason Group billed primarily in 15 minute
increments.
b) Over 273 hours (54% of their aggregate time) was block billed.
c) Mr. Gilbert reported attending a hearing (the only one he attended) on the
wrong date.
d) Almost 42 hours were billed to communication entries, where the average
amount of time billed for email/ correspondence was 11.60 minutes, and
the average amount of time billed for telephone calls was 33 minutes.
in ASI’s opinion, a reasonable, if not conservative, reduction would be 15% of the
aggregate amount billed to account for the deviations from acceptable billing
patterns and practices that artificially increased the legal fees.

70

Recommended Reduction:
Hours Billed

Levine
Gleason
Gilbert

30

71.03
31
305.38
32
129.77

Recommended
Reduction

Recommended Reduction
Excluding Medical Defendants, Press and
Lobbying, Substitution of Counsel and Digesting

-10.65
-45.80
-19.47

-.77
-14.44
-1.87

D. Lack of Billing Judgment
In order for an attorney to meet his/her ethical obligation to charge for fees
that are reasonable, the attorney must exercise billing judgment. In essence, the
attorney must carefully review the invoices and write off fees that were actually
incurred, but were excessive, duplicative, or unnecessary. Examples of work
that should be written off are hours incurred by younger associates that should
be considered training, secretarial work or quasi secretarial work, multiple
attorneys at a routine deposition or court appearance and time spent by the
attorney to correct an error or mistake caused by the attorney. Without good
billing judgment, overbilling and billing abuse can run wild.
The Smith Group, the Norinsberg Group and the Gleason Group are
seeking reimbursement for time which in ASI’s opinion is obviously nonreimbursable leading ASI to the conclusion that none of the groups carefully
reviewed their invoices to write-off even items that were clearly nonreimbursable.
For instance, as set forth on the following page, the Smith Group billed for
secretarial work, as evidenced by the following time journals:
30 The aggregate hours contained in Exhibit A to Levine’s Affirmation total 71.025 and not 74.32
as claimed by the Gleason Group. ASI also notes that the amount charged for some entries does
not match the time entry and the requested billing rate. For instance, on November 30, 2012, it
states that he worked for 1.50 hours and the amount is $600. Based on his requested rate of
$600 an hour, the amount should be $900 and not $600.
31 ASI has adjusted for travel time since Mr. Gleason billed half rates for travel. However, ASI
notes the aggregate hours contained in Exhibit A to Gleason’s Affirmation total 331 hours and
not 336.37 as claimed by the Gleason Group. ASI also notes that the amount charged for some
entries does not match the time entry and the requested billing rate. For instance, on March 14,
2013, it states that he worked for 1.25 hours and the amount is $375. Based on his requested
rate of $500 an hour, the amount should be $625 and not $375.
32The aggregate hours contained in Exhibit A to Gilbert’s Affirmation total 129.75 and not 120.62
as claimed by the Gleason Group. ASI also notes that the amount charged for some entries does
not match the time entry and the requested billing rate. For instance, on February 14, 2013, it
states that he worked for .50 hours and the amount is $500. Based on his requested rate of $500
an hour, the amount should be $250 and not $500.
71

09/17/10
09/18/10
11/17/10

NB
NB
NB

05/06/11
08/08/11
01/05/12
01/11/12
03/09/12

NB
NB
NB
NB
NB

04/23/12

NB

05/17/12
08/08/12
08/08/12
10/01/12

NB
GMC
JLN
NB

10/02/12
10/03/12
11/14/12

NB
GMC
NB

07/26/13
02/03/15
02/03/15
02/13/15
02/18/15
02/19/15
02/27/15
03/09/15
03/12/15

NBS
NB
NB
NB
NB
NB
GMC
NB
NB

03/23/15

NB

03/23/15
03/25/15

NB
NB

03/27/15
03/30/15
03/31/15
04/01/15

NB
NB
NB
NB

04/01/15
04/01/15
04/02/15
04/13/15
06/17/15

NB
NB
NB
NB
NB

08/05/15
08/10/15

NB
NB

08/11/15

NB

08/13/15

NB

Printed Judge Weinslock opinion re: Velez proceedings for JLN review
Printed NYPD Admin Guide provided by AS for JLN review
Formatted First Request for Admissions, request for discovery
demands, request for interrogatories and sent same to J LN for review
Printed Judge Sweet's decision on defendants' MTD for JLN review
Downloaded and printed research received from JLN
Made reservation for Schoolcrafts for Cosmopolitan Hotel
Sent Callan kletter and AS authorization via regular mail and e-mail
Formatted to Lt. Gilbo regarding the documents that were sent in
response to subpoena and sent same
Sent package to all counsel enclosing transcripts of Browne, Pichardo,
McHugh, Polanco, Mauriello, Herran, Gianelli, Esposito
Sent Schoolcraft Affidavit of GS as per JLN
Printed out docs to go over with Adrian
Printed out docs to go over with Adrian
Multiple phone calls to Hotel Albany regarding setting up confercnce
roorn for rreeting with AS
Forwarded schoolcraft justice website to JJM
Received AS new email address
Scanned and e-mailed AS Letter of Termination in file; filed same in
computer file and hard file
Preparing documents for client.
Printed Amended Compaint and Docket sheet for JLN review
Downloaded and printed all memorandums of law fìled by defendants
Printed various exhibits from Plaintiff's deposition
Printed and bound deps of Mauriello and Valenti
Printed various exhbits from deps of Mauriello Lauterborn and Floyd
Emailed confidentiality stip to Veritext for transcribers to sign
Printed Plaintiff's Rule 56.l Statement for JLN to review
Printed and bound documents from City of New York from City of New
York and Mauriello medical documents
Downloaded, printed and bound second set of filings by all defendants
for JLN to review
Printed Huffman QAD for JLN
Printed, reviewed and signed confidentiality agreement for myself; had
JLN review and sign same
Converted Schoolcraft opening statement to MS Word
Printed IAB Documents for JLN; bound & collated same
Printed and bound Caughey and Weiss Interviews
Printed deps of Huffman, James, Hanlon, Halpren, Gough, Ferrara,
Duncan, Caughey, Broschart, Bernier and bound
Printed and bound exhibit list and witness list for Court
Compiled, sorted, copied and collated multiple trial exhibits
Printed, collated and bound AS direct outline
Printed crime reporting review documents
Printed and emailed defendants memoranda of law for reconsideration
for JLN
Printed City's draft JPTO
Made multiple formatting changes to final S&C; prepared civil cover
sheet and summons for same
Printed, collated and stapled multiple discovery documents from City
sent to JLN via ernail
Printed spreadsheet from A. Scheiner with City's objections to plaintiffs
72

0.10
0.15
1.20
0.20
0.10
0.10
0.10
0.25
0.80
0.10
0.25
0.20
0.60
0.10
0.10
0.25
0.90
0.10
0.60
0.20
0.20
0.20
0.25
0.10
0.20
0.40
0.10
0.20
0.10
0.40
0.20
0.70
0.20
0.60
0.20
0.20
0.20
0.10
0.70
0.20
0.10

08/25/15
08/25/15
08/25/15
08/25/15
08/25/15
08/25/15
08/25/15
08/31/15
09/03/15

JPTO
Printed JPTO for JLN review
Printed filing by NS responding to various arguments by defendants on
JPTO exhibits and witnesses for JLN Review
Printed, bound, sorted and tabbed Carter Cross
Printed, bound, sorted and tabbed Lauterborn Cross
Printed, bound, sorted and tabbed Marino Cross
Printed, bound, sorted and tabbed Mauriello Cross
Printed, bound, sorted and tabbed Weiss Cross
Printed Amended Compaint and emailed to JLN
Printed City letter re: JPTO schedule for JLN review

NB
NB
NB
NB
NB
NB
NB
NB
NB

0.10
0.10
0.50
0.60
0.80
0.80
0.60
0.10
0.10

And, as set forth below, the Norinsberg Group is seeking reimbursement
for drafting its own retainer agreement and working on Mr. Schoolcraft’s book
deal.
06/18/10

JLN

06/18/10

JPF

06/18/10

GMC

06/25/10
06/25/10

GMC
JLN

06/25/10
06/28/10
06/28/10
06/28/10
05/12/11
05/12/11
05/12/11
05/12/11
05/12/11
07/19/11
07/19/11

JPF
JLN
JPF
GMC
JLN
JPF
GMC
GMC
JPF
GMC
JPF

Meeting w/ Gerald Cohen ("GC") and JF re: Schoolcraft coming to
our office for interview
Meeting w/JN and Gerald Cohen ("GC") re: Schoolcraft coming to
our office and retaining for lawsuit
Meeting w/Jon Norinsberg (JN) and Joshua Fitch (JF) re:
Schoolcraft coming to our office and retaining for lawsuit
Drafted retainer for Schoolcraft
Sent GC information for retainer; forwarded retainer to AS;
forwarded signed retainer back to GC
Review of Schoolcraft retainer
Discussion with JF and GC re retainer & meeting with Schoolcrafts
Discussion with JN and GC re retainer & meeting with Schoolcrafts
Discussion with JN and JF re retainer & meeting with Schoolcrafts
Discussion w/ GC & JF re agency agreement
Discussion w/ GC & JN re agency agreement
Discussion w/ JF & JN re agency agreement
Review of Book deal agreement for Adrian Schoolcraft
Review of agency agreement for client on book/movie deals he does
Review of Literary Agency agreement for Schoolcraft
Review of agency agreement for AS book deals

0.80
0.80
0.80
0.60
0.10
0.25
1.25
1.25
1.25
0.40
0.40
0.40
0.25
0.60
0.10
0.50

And, as set forth below, the Gleason Group is seeking compensation for
providing personal services to Mr. Schoolcraft such as “obtained phone for
client,” “scheduling his travel to meet with counsel in NYC,” and “purchase of
business attire for AS.”
02/11/13

Gleason

04/12/13

Gleason

02/09/13

Gleason

01/22/13

Gleason

Meeting with AS, review of case, discussion of
strategy and updated AS in investigation,
Purchase of business attire for AS.
Consultation with AS discussing matter
purchased return ticket to Albany, meeting
with VP.
E-mail and phone conv. with AS re: upcoming
deposition on 2/12/13, purchase train ticket
Phone conv. with AS, re, NYPD issues,
sheduling his travel to meet with counsel in
NYC, update on progress of investigation.
73

4.50
4.50
1.00

As set forth below, the Gleason Group is also seeking compensation for
Gleason, billing at a requested a rate of $500 an hour to hand deliver letters and
subpoenas, purchasing train tickets, and transporting files.
12/24/12

Gleason

01/28/13
02/09/13

Gleason
Gleason

03/05/13
04/12/13

Gleason
Gleason

02/14/13

Gleason

Draft and hand deliver a notice of appearance that NYPD
Asst. Comm. Kearns demanded before she would
communicate with my office regarding AS.
Edit and hand deliver letter to NYPD Asst. Comm. Kearns.
E-mail and phone conv. with AS re: upcoming deposition on
2/12/13, purchase train ticket
E-mails to and from AS re: trip to city, purchase train ticket.
Consultation with AS discussing matter purchased return
ticket to Albany, meeting with VP.
Transport file from Levin & Gilbert to Law office of Nat Smith.
Meeting with NS to discuss how file is formatted. Meeting
with AS and legal team.

2.00
2.00
1.00
0.50
4.50
3.50

In sum, in ASI’s opinion, other than the Smith Group writing off Ms.
Bauza’s attendance at some of the depositions where one (1) or two (2)
attorneys were present33, the Norinsberg Group “electing not to bill for the
majority of the hundreds of hours of phone calls between the CFN Team and the
client,”34 and Gleason writing off “e-mails that were perfunctory in nature”, none
of the groups exercised any billing judgment, as detailed in this report.
1) Duplication in Effort and Other Inefficiencies
Since a law firm’s fees must be reasonable, it has an obligation to assign
the appropriate number of people at the appropriate levels of experience to
handle a matter, and maintain a reasonable degree of continuity in staffing
throughout the course of the representation. In so doing, a law firm will reduce
redundant and inefficient work. This was not the case in the instant situation.
The Norinsberg Group and the Smith Group did not assign discreet
aspects of the Litigation to different attorneys. Rather, they adopted a team
approach where, for the most part, all issues, complex or not, were reviewed by
multiple senior attorneys. For instance, just to name a few, three (3) attorneys
read Mr. Raymond’s book NYPD Tapes and billed an aggregate of 17.25 hours
for reading this book,35 three (3) attorneys reviewed Mr. Schoolcraft’s medical
33 The Smith Group is still requesting compensation for Ms. Bauza’s time at the Lamstein
deposition where two (2) attorneys were present and at the Larry Schoolcraft deposition at which
one (1) attorney was present.

34 Footnote 1 of the Memorandum of Law in Support of Plaintiff’s Motion for Attorney’s Fees,
Cost and Disbursements.
35
8/13/2013 NBS
Read recent book by G. Raymond called NYPD Tapes
4.50
10/1/2014 JS
Reading and taking notes on "NYPD Tapes."
1.50
10/1/2014 JS
Reading and taking notes on NYPD tapes
3.50
07/21/15
JLN
Started reading "NYPD Tapes" (book on Scholcraft case)
2.40
for additional facts & evidence & themes to use at trial.
74

records,36 two (2) attorneys billed 4.20 hour for reading what appears to be the
same village voice articles37, three (3) attorneys reviewed Mr. Schoolcraft’s
timeline38 and then had a paralegal spend 20 hours on a “timeline project” 39 and
four (4) attorneys billed over 33 hours in connection with the AEO file. 40
The following illustrates how the Smith Group and the Norinsberg Group
adopted a team approach, where senior attorneys and others duplicated each
other’s efforts and other inefficiencies:
a) Complaint
The complaint was filed on August 10, 2010 (the “Initial Complaint”).
Within 45 days of filing the Initial Complaint, the Norinsberg Group filed an
amended complaint as of right. Three (3) months later the Norinsberg Group
decided to amend the complaint once again to reinstate a First Amendment claim
(the “Second Amended Complaint”) that they had already voluntarily withdrawn.
07/23/15
07/26/15

JLN
JLN

36
06/25/10
06/26/10

GMC
JLN

06/26/10

Cont'd reading NYPD Tapes; took notes re: same
Cont'd reading NYPD Tapes; took notes re: same

JPF

3.25
2.10

Review of AS medical records
Reviewed Schoolcraft's records from Jamaica Hospital Medical
Center; took notes re: same
Review of Schoolcraft's medical records

1.75
3.25
3.10

37
06/20/10

JLN

Read Voice articles on Schoolcraft

2.10

06/20/10

JPF

Reading Village Voice articles on; Schoolcraft and Halloween night

2.10

38
07/09/10
07/09/10
07/31/10
07/31/10
08/01/10

GMC
JPF
JLN
JPF
JPF

Reviewed AS timeline of events
Review of Schoolcraft timeline prepared by JN
Cont'd review of Schoolcraft tapes and timeline chart
Review of Schoolcraft tapes & timeline
Review of Schoolcraft tapes & timeline

1.40
2.25
3.10
3.10
3.40

39
09/06/13
09/09/13
09/11/13
09/12/13

MB
MB
MB
MB

Timeline Project.
Timeline Project.
Timeline Project.
Timeline Project.

5.00
5.00
5.00
5.00

40
03/29/12
03/29/12
05/03/12
11/19/12
4/24/2013

JLN
JPF
GMC
GMC
NBS

Review of AEO; Notes regarding same
Review of AEO
Review of defendants proposed AEO stip and declaration re: "leak"
Review of court order prohibiting providing AS AEO material
Review of AEO files.
75

0.60
0.50
1.25
0.10
3.50

In connection with the Second Amended Complaint, the Norinsberg Group filed a
Motion to Amend and a Motion for Reconsideration, both of which were denied.
Thereafter, the Norinsberg Group filed a Second Amended Complaint, adding
Elisa Hanlon to the complaint. On December 4, 2014, The Smith Group filed a
motion to amend the Second Amended Complaint to correct errors and assert a
federal claim that related solely to the Medical Defendants (the “Third Amended
Complaint”).
In connection with these amendments, two (2) Motions to Amend and a
Motion for Reconsideration, the Norinsberg Group and the Smith Group billed
more than 388 hours.41
It should be noted that all versions of the complaint had medical
malpractice claims, claims that were peculiar to the Medical Defendants and not
in any way related to the facts or causes of action relating to the City.
i) Initial Complaint
From June 30, 2010 through August 10, 2010 (the date that the
Norinsberg Group filed the complaint against the City and the Medical
Defendants), the Norinsberg Group billed 479.70 hours, with the time allocated
as follows:
Norinsberg Group
Norinsberg
Cohen
Fitch
Burzstyn

220.65
104.65
136.20
18.20
479.70

During this time period, as set forth below, the Law Firm billed almost 24
hours relating to its own retention, a cost that should not have been billed:
06/18/10

JLN

06/18/10

JPF

06/18/10

GMC

06/20/10
06/20/10
06/20/10
06/20/10
06/21/10
06/21/10
06/21/10

GMC
JLN
JPF
JPF
GMC
JLN
JPF

Meeting w/ Gerald Cohen ("GC") and JF re: Schoolcraft coming to
our office for interview
Meeting w/JN and Gerald Cohen ("GC") re: Schoolcraft coming to our
office and retaining for lawsuit
Meeting w/Jon Norinsberg (JN) and Joshua Fitch (JF) re: Schoolcraft
coming to our office and retaining for lawsuit
Email from Adrian Schoolcraft (AS) re: meeting with JN
Read Voice articles on Schoolcraft
Discussions with Jon Norinsberg (JN) re Schoolcraft case
Reading Village Voice articles on; Schoolcraft and Halloween night
Email from AS re: Gerald Nelson
Read articles sent by Schoolcraft on Gerald Nelson
Review of articles sent by Schoolcraft on Gerald Nelson

41 Does not include the 339.13 hours that the Norinsberg Group billed for its retention and
familiarizing themselves with the facts and law in connection with the complaint.
76

0.80
0.80
0.80
0.10
2.10
0.80
2.10
0.25
0.80
0.60

06/23/10
06/23/10
06/23/10
06/24/10
06/24/10
06/24/10
06/24/10
06/24/10

JLN
JPF
GMC
GMC
JLN
JLN
JLN
JLN

06/25/10
06/25/10
06/25/10

GMC
NB
NB

Meeting w/ GC and JF re: GC's upcoming meeting w/ Schoolcraft
Meeting w/JN and GC re: JN's upcoming meeting w/ Schoolcrafts
Meeting w/JN and JF re: JN's upcoming meeting w/ Schoolcrafts
PC with JN re: meeting w/Schoolcraft
Travel back to NYC (3.2)
TC with GC re: meeting w/Schoolcraft
Initial client meeting & interview with AS in Johnstown
Traveled to Johnstown to meet prospective Client Adrian Schoolcraft
(3.6)
Drafted retainer for Schoolcraft
Saved retainer signed by client to file
Prepared Substition of Attorney for taking case over from JM

0.75
0.75
0.75
0.40
1.60
0.40
7.40
1.80
0.60
0.10
0.20
23.90

After its retention, the Norinsberg Group then familiarized themselves with
the facts and applicable law and drafted the compliant, and, as illustrated below,
it appears as if two (2) or more individuals reviewed almost every issue.
06/25/10

JPF

06/26/10
06/29/10
06/29/10
06/30/10

JPF
GMC
JLN
JLN

06/30/10

JPF

07/07/10

JLN

07/17/10

GMC

07/13/10
07/13/10

JLN
NB

08/06/10

JPF

08/06/10

JLN

08/10/10
08/10/10
07/29/10

GMC
JLN
JLN

07/29/10

JPF

07/30/10

GMC

07/30/10
07/30/10
07/30/10
07/30/10
07/30/10
07/30/10

JLN
JPF
JLN
JPF
GMC
JLN

Review of Schoolcraft 's Patrolmens Benevolent Associtation ("PBA")
contract
Review of PBA contract
Review of David Velez arbitration decision
Review of 75th Pct arbitration decision
Reviewed FOIL requests for 911 calls made by AS to NYPD and discussed
with JF
Review of FOIL requests for 911 calls made by AS to NYPD and discuss
with JN
Reviewed Schoolcraft documents, evals, memos, letters to PBA, letters to
Mauriello
Reviewed of Schoolcraft documents, evals, photos, memos, UF49s, letters
to PBA, letters to Mauriello...
Listened to recording b/w AS & Det. Peterson on Sept. 13, 2009
Listened to recording b/w AS & Det. Peterson on Sept. 13, 2009 and made
notes regarding same
Review of transcripts from Legal Language re June 2009 roll calls,
Halloween Night, & visits to Johnston
Reviewed June 2009 roll calls, Halloween night and visits to Johnstown
recording transcripts and discussed same with JF
Reviewed and signed contract for website hosting
Reviewed GC draft of Schoolcraft website content
Meeting with JF and Rocco P - Daily News re Schoolcraft and evidence of
quotas for Monell claim
Meeting with JN and Rocco P - Daily News re Schoolcraft and evidence of
quotas for Monell claim
Meeting with JN, JF, Polanco & Graham Raymond (GR) re: Schoolcraft &
Monell claim
Meeting with JF, GC, Polanco & Raymond re: Schoolcraft & Monell claim
Meeting with JN, GC, Polanco & Raymond re: Schoolcraft & Monell claim
Continued edits and revisions to complaint
Meet with GC and JN re: changes and additions to complaint
Meet with JF and JN re: changes and additions to complaint
Meeting with JF and GC re: changes & additions to complaint
77

2.50
1.25
0.50
0.90
0.30
0.30
2.70
2.10
0.40
0.40
2.75
3.80
0.25
0. 20
1.50
1.50
3.25
3.25
3.25
3.20
1.25
1.25
1.20

07/30/10

JLN

07/30/10
07/31/10
07/31/10
07/31/10
08/01/10

JLN
GMC
JPF
JLN
JPF

Reviewed docs re: NYC Safety Restraint Enforcement Program, from Sept.
11-14, 2009 for increased summons activity
Reviewed Boro Daily Impact OT Form
Meeting with Polanco + GR, JN, JF re: quotas and Monell Claim
Meeting with Polanco, Raymond, JN, GC re: quotas and Monell Claim
Cont'd review of Schoolcraft tapes and timeline chart
Review of Schoolcraft tapes & timeline

And, as the journal entries set forth below reveal, three (3) attorneys ping
ponged the drafting of the complaint back and forth, spending an aggregate of
140 hours for drafting and discussing the complaint.
07/29/10
07/30/10
07/30/10
07/31/10
07/31/10
08/02/10
08/02/10
08/03/10
08/03/10
08/04/10
08/04/10
08/05/10
08/06/10

GMC
JLN
JPF
JLN
JPF
JLN
GMC
JPF
JLN
JPF
JLN
GMC
JLN

08/06/10
08/08/10
08/09/10

JPF
JPF
JPF

Review and Revise AS complaint
Continued edits and revisions to complaint
Revision of Complaint
Continued edits/revisions of complaint
Revision of Complaint
Further edits revisions & additions to complaint
Review and revise AS complaint
Revise and edit of Complaint
Edited complaint and sent to JF for review
Revise and edit Complaint
Review of AS chronology for complaint; incorporated same
Review and revise AS complaint
Review of revised complaint from JF: made edits and revisions
to same
Review and edit Complaint after clarification
Editing Complaint with additional allegations
Edit/Revise Complaint

3.10
3.20
2.60
2.80
2.80
3.20
1.25
1.80
1.60
1.40
1.40
0.80
2.10
1.25
1.60
1.60

ii) Second Amended Complaint
In connection with drafting the Second Amended Complaint, a Motion to
Amend (denied as to the First Amendment Claim) and a Motion for
Reconsideration (Denied), the Norinsberg Group billed 106.25 hours, with the
time allocated as follows:
Norinsberg Group
Norinsberg
Cohen
Fitch
Burzstyn

8.25
11.30
86.60
.10
106.25

Unlike the Initial Complaint, primary responsibility rested in the hands of
one (1) attorney; however, all three (3) attorneys attended the hearing for the
Motion to Amend.

78

0.30
0.10
3.20
3.20
3.10
3.40

iii) Third Amended Complaint
In connection with the Third Amended Complaint, which corrected prior
errors and asserted a federal claim against the Medical Defendants, which was
unsuccessful, the Smith Group billed almost 100 hours, allocated as follows:
Smith Group
Smith
Lenoir
Suckle
Bauza

64.03
7.00
1.00
27.93
99.96

As evidenced by the following time journals, Mr. Smith, Mr. Lenoir and Ms.
Bauza worked in tandem on the Third Amended Complaint and the related
motion to amend:
10/19/14

NBS

10/22/14

JL

10/27/14

NBS

10/28/14

NBS

10/31/14

NBS

11/01/14
11/03/14

NBS
JL

11/03/14

NBS

11/05/14
11/06/14

NBS
JL

11/06/14
11/10/14

NBS
NBS

11/16/14
11/16/14
12/01/14

JL
NBS
MB

Review of 2nd Amended Complaint for purpose of motion
to amend; conference call with team re: Rule 68 offer;
email exchange with Howard Suckle re: same.
Review of 2nd Amended Complaint; research for
proposed 3rd Amendment.
Meeting with John Lenoir re: amended complaint; review
of emails; telephone call to Investigator Skinner; email
with Silverman review of discovery record on complaint;
review of tapes re: Amended Complaint.
Prepare revisions to 2nd Amended Complaint for motion
to arrest; research on issues relating to motion to amend.
Prepare for and take 2nd examination before trial of Dr.
Patel (3.2); research on causes of action for motions to
amend and summary judgment.
Research on exigent circumstances case law.
Telephone conference with Smith re: 3rd Amended
Complaint.
Research an existing cir. case law (3.0); telephone
conference with Roy Lubit; emails with opposing counsel;
revised 2nd Amended Complaint for motion to amend.
Drafting motion to amend.
Case conference with client and Smith; update re:
strategy and outstanding discovery matters.
Telephone conference with client re: amending complaint.
Telephone conference with Dr. Lubit; attend and defend
examination before trial of Dr. Lubit at Martin Clearwater;
review of draft Amended Complaint; research, on 4th
Amendment warrantless entry (1.5)
Review draft of 3rd Amended Complaint.
Revise complaint; email re: same.
Review 2nd Amended Complaint track proposed
changes.
79

2.25
1.50
5.80

6.80
2.30
3.50
0.75
3.80
3.50
2.25
2.50
1.50

1.75
1.00
4.70

12/01/14
12/02/14

NBS
MB

12/02/14

NBS

Revising motion to amend
Review Third Amended Complaint; draft proposed
addition of malicious abuse of process claim and violation
of substantive and procedural due process claims.
Revise memo re: motion to amend.

2.50
4.66
3.50

b) Audio and Video Recordings
The Smith Group billed an aggregate of 251.51 hours and the Norinsberg
Group billed an aggregate of 308.60 hours reviewing audio and video recordings,
with the time allocated as follows:
Hours

Norinsberg Group
Norinsberg
Cohen
Burzstyn
Fitch

189.50
34.75
20.90
63.45
308.60

Smith Group
Lenoir
McCutcheon
Suckle
Bauza
J. Smith
Smith

78.31
21.34
9.75
27.50
30.72
83.89
251.51
560.11

The vast majority of the time journals relating to the audio and video
recordings were vague, making it impossible to ascertain whether different
timekeepers were reviewing the same recording. For instance:
07/03/10
07/07/10
07/14/10
07/15/10
07/21/10
07/22/10
07/22/10
10/02/12
05/08/13
05/12/13

JPF
GMC
JPF
JPF
JPF
JLN
JPF
JLN
NBS
JL

01/10/15
01/10/15
01/10/15
01/11/15

JL
JM
NBS
JL

Review of Schoolcraft recordings
Listened to Schoolcraft recordings
Review of Schoolcraft tapes
Review of Schoolcraft tapes
Review of Schoolcraft documents & tapes
Continued review of Schoolcraft recordings (2009 roll calls)
Review of Schoolcraft documents & tapes
Listened to entire QAD interview of AS
Review of recordings; prepare discovery responses.
Review of audio recordings made by client; sort and prepare
summaries.
Review CompStat DVD's; prep index.
Review of CompStat videos
Review of examinations before trial and Compstat videos.
Review CompStat DVD's; telephone call re: CompStat DVD's;
review CompStat DVD's.
80

4.25
1.80
3.60
3.40
4.75
3.10
3.10
3.30
5.50
4.50
7.50
4.00
7.50
8.25

01/11/15
01/11/15
01/11/15

JM
JM
NBS

01/12/15
01/13/15
01/13/15

JL
JL
NBS

Review of CompStat videos
Discussions of Compstat and Schoolcraft materials.
Review of examination before trial and Compstat videos;
conference with group on Commpstat videos.
CompStat DVD review.
Review and index CompStat DVD's.
Compstat vide review

2.00
0.75
7.50
6.50
6.00
5.50

However, when the time journals detailed the actual recording that was
being reviewed, it became clear that multiple timekeepers were reviewing the
same recording. For instance:
06/25/10
06/26/10
07/13/10

JLN
GMC
JLN

07/13/10

MB

07/15/10

MB

07/20/10

JLN

08/05/10

JPF

08/06/10
08/10/10

JLN
JLN

08/11/10

MB

10/02/12
10/02/12
10/07/12
08/14/15

JLN
GMC
JPF
GMC

08/14/15

JLN

Reviewed transcript of Polanco tapes; took notes re: same
Reviewed transcript of Polanco tapes
Listened to recording b/w AS & Det. Peterson on Sept. 13,
2009
Listened to recording b/w AS & Det. Peterson on Sept. 13,
2009 and made notes regarding same
Continued reviewing Schoolcraft roll calls (2009 roll calls);
prepared digest of same
Continued review of Schoolcraft roll calls (2009); took notes
on same
Review of transcribed tape recording from August & March
2009 from Legal Language
Continued review transcriptions of August 2009 logs
Began review of new CD from Client w/ numerous additional
recordings and docs
Began review of new CD from Client w/ numerous additional
recordings and docs
Listened to entire QAD interview of AS
Review of QAD interview of AS
QAD interview review
Review of Lauterborn transcribed audio interview and
emailed to team
Review of Lauterborn's transcribed audio interview; 2nd IAB
interview took notes re: same

0.40
0.75
0.40
0.40
3.10
3.90
2.75
1.40
3.70
3.90
3.30
2.25
2.40
0.60
0.60

c) Summary Judgment Motions
As set forth below, six (6) Motions for Summary Judgment were filed, one
(1) by the City, one (1) by Mauriello, one (1) by the Plaintiff and three (3) by the
Medical Defendants.
Filed By
City

Docket
Number
297

Date Filed
12/22/2014

Plaintiff

305

12/23/2014

Mauriello

314

12/27/2014

MOTION for Summary Judgment .
MOTION for Summary Judgment . Document filed by Adrian
Schoolcraft. (Smith, Nathaniel) (Entered: 12/23/2014)
MOTION for Summary Judgment . Document filed by Steven
Mauriello(Tax Id.895117, Individually), Steven Mauriello(Tax Id.
895117 in his official capacity). Responses due by 1/21/2015
81

Jamaica
Hospital

325

1/5/2015

AldanaBernier

329

1/8/2015

Isak
Isakov

334

1/8/2015

Isak
Isakov

366

2/2/2015

Return Date set for 1/28/2015 at 12:00 PM.(Kretz, Walter)
(Entered: 12/27/2014)
MOTION for Summary Judgment . Document filed by Jamaica
Hospital Medical Center. Responses due by 1/21/2015 Return
Date set for 1/28/2015 at 10:00 AM.(Osterman, Brian)
(Entered: 01/05/2015)
MOTION for Summary Judgment . Document filed by Lillian
Aldana-Bernier. Responses due by 1/21/2015 Return Date set
for 1/28/2015 at 10:00 AM. (Callan, Paul) (Entered:
01/08/2015)
MOTION to Dismiss and for other relief. Document filed by Isak
Isakov. Responses due by 1/21/2015 Return Date set for
1/28/2015 at 12:00 PM. (Attachments: # 1Affidavit Declaration
of Service)(Lee, Brian) (Entered: 01/08/2015)
AMENDED MOTION for Summary Judgment and other relief.
Document filed byIsak Isakov. Responses due by 2/4/2015
Return Date set for 2/11/2015 at 12:00PM.(Lee, Brian)
(Entered: 02/02/2015)

In connection with these various summary judgment motions and motions
to reconsider, the Smith Group and the Norinsberg Group billed over 863 hours,
with the time allocated as follows:
Hours

Norinsberg Group
Norinsberg
Cohen
Fitch
Burzstyn

42.20
15.05
12.00
1.00
70.25

Smith Group
Smith
Lenoir
McCutcheon
Bauza

344.33
214.08
0.54
233.82
792.77
863.02

Almost 37% of the time (320 hours) devoted to these summary judgment
motions was vague, and ASI was unable to ascertain which summary judgment
the time related to. The time relating to the vague time entries was allocated as
follows:

82

Norinsberg Group
Norinsberg
Cohen
Fitch
Smith Group
Lenoir
Bauza
Smith

Hours
14.35
6.85
6.90
28.10
66.33
44.73
181.40
292.46
320.56

Typical vague time entries dealing with the summary judgment motions
included the following:
10/02/14

JL

12/30/14

NBS

12/31/14
01/01/15
01/08/15

NBS
NBS
JL

01/14/15

JL

01/14/15

NBS

01/17/15

NBS

01/18/15

NBS

01/19/15

NBS

01/24/15

NBS

01/25/15

NBS

01/26/15
01/27/15

NBS
NBS

02/01/15
02/02/15

NBS
NBS

Prepare for summary judgment motion (1.25); summarize
examination before trial (1.00); review LE expert resource
materials for production (1.50); prepare and schedule
legal assistants (Jeanette and Lysia) for examination
before trial summaries (2.50).
Telephone conference with John Lenoir; telephone call to
client re: Norinsberg; drafting summary judgment; review
of new material.
Draft opposition to summary judgment.
Review of motions by defendants.
Review and index CompStat DVD's (4.50); prepare
response to summary judgment motion (4.00).
Meeting re: summary judgment motion (2.00); CompStat
DVD review (4.50).
Conference with client and John Lenoir; review of
examination before trial and motions.
Review of examination before trial; prepare summary
judgment oppositions.
Prepare summary judgment opposition; review of Hanlon,
Sangianetti, and Marquez examination before trial; review
of Compstat videos.
Review of Compstat videos; review of cases cited in
various motions; research on standard of
objective/subjective good faith and qualified immunity.
Review of record; research on cases cited by defendants
summary judgment motion.
Review of record for summary judgment motion
opposition.
Drafting opposition papers; research on probable cause.
Meeting with John and Mag re: summary judgment
motion; draft opposition; research on St amendment
issues.
Drafting opposition to motions.
Telephone conference with Jon Norinsberg (.5); meeting
with John Lenoir re to do list for trial(1.2); conference with
client and John Lenoir re: trial team; drafting opposition to
83

6.25

9.50
7.50
5.50
8.50
6.50
7.50
7.50
8.50
7.50
6.50
7.50
7.50
9.50
5.50
7.80

02/07/15
02/12/15

JL
NBS

02/12/15
02/13/15

JPF
MB

02/13/15

JL

02/16/15
02/17/15
02/17/15
03/03/15

GMC
NBS
NBS
JL

03/03/15
03/04/15

NBS
JL

03/04/15
03/05/15

NBS
MB

03/05/15
03/05/15

JL
NBS

motion (5.0); telephone call to client re: same; letter to
court re: schedule adjustment.
Review and draft Summary Judgment Motions.
Telephone conference with client; call with Jon
Norinsberg and John Lenoir; emails; telephone call with
new city lawyer; review of files under seal; review of
opposition motion.
Review of Memo of Law in Opp to plaintiff's motion for SJ
Review all defendants motions in opposition submissions;
Meeting with Nat to discuss submissions.
Review of defendant's motions in opposition to plaintiffs
motion summary judgment; review of defendant's motions
and prepare for plaintiffs reply re: Schoolcraft discovery.
Review of summary judgment motions and exhibits
Review of files on summary judgment papers.
Review of files on summary judgment papers.
Research and review of defendants motions and
summary judgment statements re: re-preparation w/Smith
of reply brief.
Drafting reply.
Review of case file and research for smmary judgment
motion reply brief.
Drafting reply.
Review and track proposed changes to Reply motion
draft.
Draft, discuss and review summary judgment motion.
Drafting reply.

6.50
7.50

3.30
6.00
2.00
3.10
2.50
2.50
6.50
7.50
7.25
10.50
5.50
8.50
10.50

Not only do these time entries obscure potential duplication in effort, but
they also obviate the ability to allocate all of the time spent on the Medical
Defendants’ summary judgment motions.
Moreover, when the time journals were specific enough to ascertain which
motion the Smith Group and the Norinsberg Group were working on, it became
evident that there was a great deal of duplication in effort between the two
groups and within each group.
For instance, as evidenced by the following time journals, five (5)
timekeepers were working on Plaintiff’s Motion for Reconsideration.
05/27/15

MB

05/28/15

NBS

05/28/15

MB

05/29/15
05/31/15
06/01/15
06/01/15

NBS
MB
JLN
GMC

Draft motion for reconsideration issues; research postsuspension First Amendment claim; review cross
examination outlines for defendants.
Review of memo re: reconsideration; telephone call with
John Lenoir and email with MG re: same.
Analyze Second Circuit freedom-of-speech cases
(Jackler, Gacetti, Walsh); conference call w/ Nat re
reconsideration motion.
Prepare reconsideration letter.
Memo to counsel re: post-suspension retaliation claim.
Reviewed draft of Plaintiffs motion for Reconsideration
Review and comment on NS draft reconsideration
84

6.15
0.50
4.33
1.50
4.78
0.20
0.40

06/01/15
06/01/15
06/01/15

JLN
NBS
JL

06/01/15

MB

06/02/15

JL

06/02/15
06/02/15

NBS
MB

06/03/15

JLN

Reviewed NS draft reconsideration
Drafting letter to court on reconsideration motion.
Research and draft letter motion re: reconsideration of
order re: modified complaint.
Review letter to Judge for reconsideration draft; track
changes; research issue of qualified immunity in a First
Amendment retaliation case.
Review of draft and additional research re: court motion
to reconsider re: Dr HR; review draft of reconsideration
letter and motion.
Revising and drafting reconsideration motion.
Memo to counsel re: qualified immunity and "clearly
established" law doctrine.
Reviewed plaintiff's motion for reconsideration as filed

0.40
3.50
5.75
6.90
2.00
3.00
4.25
0.20

And, at least two (2) senior attorneys were working on Plaintiff’s
consolidated 56.1 Statement, a task which is little more than a cut and paste job
that could have been accomplished by a junior associate or law clerk.
03/09/15
03/09/15
03/09/15
03/10/15

GMC
GMC
JLN
JLN

Phone call w/NS re consolidated 56.1
Review of plaintiff's consolidated 56.1
Review of plaintiffs consolidated 56.1
Reviewed NS' Rule 56.1 Statement global summary of all
facts admitted; took notes re: same

0.40
1.00
1.00
1.40

While the documentation in connection with the various summary
judgment motions was voluminous, it should be noted that many of the motions
contained virtually the same language (e.g. Plaintiff’s Rule 56.1 statement was
the same as the statement of facts in Plaintiff’s Memorandum of Law in Support
of Plaintiff’s Summary Judgment Motion (“Plaintiff’s Summary Judgment
Memorandum”), and approximately 20% of the Plaintiff’s Summary Judgment
Memorandum dealt exclusively with the City,42 approximately 60% of the
Memorandum of Law in support of Plaintiff’s Summary Judgment Motion dealt
exclusively with the City43, and approximately 18% of Reply Memorandum of Law
in Support of Plaintiff’s Summary Judgment Motion dealt exclusively with the
City. 44

42 The Plaintiff’s Summary Judgment Memorandum was 50 pages, with pages 25-34 dealing
with Mauriello’s counterclaims, pages 34-44 dealing with the City and pages 44-49 dealing with
the Medical Defendants.
43 The Memorandum of Law in Support of Plaintiff’s Summary Judgment Motion is 135 pages
long, with pages 2-83 dealing with the City, pages 84-98 dealing with Mauriello’s counterclaim,
and pages 99-129 dealing with the Medical Defendants.
44 The Plaintiff’s Reply Memorandum of Law in Support of Plaintiff’s Summary Judgment Motion
was 40 pages long, with pages 7-22 dealing with Mauriello’s Counterclaim, pages 23-30 dealing
with the City and pages 30-40 dealing with the Medical Defendants.
85

d) Depositions
Excluding deposition digesting discussed above, the Smith Group billed
an aggregate of 1,182.5145 hours and the Norinsberg Group billed an aggregate
of 240.5046 hours in connection with the following 34 deponents.47

Deponent
Schoolcraft, Adrian
Schoolcraft, Adrian
Schoolcraft, Adrian
Marino, Michael
Marino, Michael
Lauterborn, Theodore
Caughey, Timothy
Schoolcraft, Larry
Mauriello, Steven
Mauriello, Steven
Boston, Curtis
Huffman, Rasheena
Hanlon, Elise (Lt.)
Lamstein-Reiss,

Date

Length of
Deposition

10/11/2012

8.60

9/26/2013

9.00

9/27/2013

8.30

10/8/2013

8.70

10/18/2013

8.50

11/7/2013

9.00

12/9/2013

8.40

12/11/2013

8.50

12/20/2013

9.30

7/1/2014

8.70

1/6/2014

2.60

1/6/2014

3.60

1/13/2014

7.50

1/30/2014

9.50

Attending
Deposition
for Plaintiff
Norinsberg,
Cohen,
Smith,
Lenoir
Smith,
Lenoir
Smith,
Lenoir
Smith
Lenoir
Smith,
Lenoir,
Smith,
Lenoir,
Lenoir,
Bauza
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,

Attending
Deposition
for City
Mettham
Smith
Mettham,
Shaffer
Mettham
Mettham

Aggregate
Hours Billed
by Plaintiff’s
Attorneys
48
137.75

59.67

Mettham
Mettham,
Shaffer
Shaffer

62.75

Shaffer

39.70

Mettham

131.67

32.58

Mettham
Mettham

29.07

Mettham

30.60

Shaffer

31.08

Mettham

49.85

45 Included in this time is 260.50 hours of time relating to depositions that was vague or related
to general deposition issues.
46 Included in this time is 56.20 hours of time relating to depositions that was vague or related to
general deposition issues.
47 ASI has excluded depositions that related entirely to the Medical Defendants i.e, Dhar, Maffia,
Halpren-Ruder and Lubit., but notes that all of the issues that ASI has identified as unreasonable
(e.g. duplication in effort and excessive amount of time) was equally present in these depositions.
48 An additional 112.25 hours were spent preparing Adrian Schoolcraft for depositions at various
client meetings.
86

Deponent

Date

Length of
Deposition

Catherine (MD)
Aldana-Bernier, Lilian
(Dr.)
Isakov, Isak
Trainor, Timothy (Lt.
Gough, William
Sawyer, Frederick
Duncan, Kurt
Duncan, Kurt
James, Shantel (PO)
Marquez, Jessica
(EMT)
Sangeniti, Salvatore
(EMT)
Weiss, Steven (Sgt)
Ferrara, Joseph
Broschart, Christopher
Lwin, Khin Mar (MD)
Whalen, Bernard
Whittman, David
Purpi, Michael (Sgt)
Purpi, Michael (Sgt)
Valenti, Dominik (Lt)
Finnegan, Kevin
Milone, William (Sgt.)
Cooper, Alan
Patel, Indira (MD)

2/11/2014

8.00

2/12/2014

5.50

4/10/2014

7.30

4/11/2014

6.10

4/25/2014

4.40

4/28/2014

7.10

6/23/2014

1.70

5/12/2014

4.00

5/14/2014

6.60

5/15/2014

4.00

5/29/2014
6/5/2014

5.30
6.70

6/18/2014

6.10

7/3/2014

1.20

7/15/2014

.80

7/15/2014

1.40

7/16/2014

1.80

9/19/2014

1.10

7/16/2014

1.00

7/17/2014

2.10

7/17/2014

1.50

7/24/2014
7/25/2014

4.70
1.30
87

Attending
Deposition
for Plaintiff
Lenoir
Bauza,
Smith,
Lenoir,
Suckle,
Smith,
Lenoir,
Suckle
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Smith

Attending
Deposition
for City

Aggregate
Hours Billed
by Plaintiff’s
Attorneys

Shaffer

90.15

Shaffer

37.36

Mettham

19.45

Mettham

28.85

Mettham

21.70

Shaffer

46.75

Shaffer
Mettham

21.10

Mettham

16.40

Mettham

10.25

Shaffer
Mettham

21.55
33.10

Mettham

22.00

Mettham

10.20

Mettham

3.75

Mettham

Too vague to
calculate
15.35

Shaffer
Shaffer
Shaffer

12.10

Shaffer

2.40

Shaffer

Too Vague to
calculate
7.50
12.10

Mettham
Mettham

Deponent

Length of
Deposition

Date

Patel, Indira (MD)
Carrasco, Edward
Eterno, John A.
Silverman, Eli B (PhD)

10/31/2014
9/19/2014

1.20
.70

10/17/2014

8.40

10/24/2014

9.30

Attending
Deposition
for Plaintiff
Smith,
Smith,
Lenoir,
Smith,
Lenoir,
Smith,
Lenoir,

Attending
Deposition
for City
Seligman
Shaffer

Aggregate
Hours Billed
by Plaintiff’s
Attorneys
6.88

Mettham

34.70

Mettham

27.95

As the chart above indicates 38 of the 41 deposition sessions were
attended by multiple attorneys, with three (3) being attended by three (3)
timekeepers. ASI notes that not only did multiple attorneys attend and prepare for
these depositions, but multiple (and often different) attorneys reviewed the
deposition transcripts. By way of comparison, the City had multiple attorneys at
only two (2) sessions of the Schoolcraft deposition and the Lauterborn
deposition.
Set forth below are details regarding a few of the depositions. ASI notes
that the pattern of duplication in effort and other inefficiencies were present in all
of the depositions, with the exception of the Cooper deposition, where 7.5 hours
were devoted by Mr. Smith.
i) Duncan Deposition
The Norinsberg Group and the Smith Group billed over 46 hours in
connection with the Duncan depositions, which were held on April 28, 2014 and
June 23, 2014 and lasted an aggregate of 8.80 hours.
The time was allocated as follows:
Norinsberg Group
Norinsberg
Cohen
Fitch

Hours
.20
.20
8.50
8.90

Smith Group
N. Smith
J. Lenoir

22.35
15.50
37.85
46.75

As the following time journals reveal, both Mr. Lenoir and Mr. Smith
prepared for and attended the Duncan deposition, and then Mr. Fitch and Mr.
Cohen reviewed and/or discussed the transcript:
88

02/26/14
04/28/14
04/28/14

JL
JL
NBS

06/19/14

NBS

06/20/14

NBS

06/23/14

JL

06/23/14

NBS

12/05/14

NBS

03/02/15
03/04/15
04/08/15

JPF
JPF
GMC

04/08/15

JLN

Prepare examination before trial materials for Duncan.
Prepare/conduct w/Smith examination before trial: Duncan.
Prepare for and take Duncan examination before trial and conference
with all counsel and MJ Freeman re: settlement discussion.
Review of scheduling order; email with team re: schedule; email Dr
Lubit; review of Patrol Guide; prepare for Duncan examination before
trial (3.0)
Draft opposition to reconsider; review of Duncan examination before
trial; prepare for Duncan.
Prepare for, and conduct with Smith dfnt Duncan examination before
trial; review Duncan examination before trial.
Telephone conference with client (log) re: status; prepare for and take
examination of Duncan; emails with opposing counsel re: schedule;
telephone call to Dr, Patel.
Review of letters; review of Duncan transcripts, emails with team re:
status.
Review of Schoolcraft discovery/deps - Sawyer/Duncan
Review of Schoolcraft discovery/deps - Duncan
Phone call JN regarding points from Duncan deposition regarding
ESU, meat cleaver and travelling to Johnstown
T/c GC regarding points from Duncan deposition regarding ESU, meat
cleaver and travelling to Johnstown

0.50
7.50
7.80
4.50
4.50
7.50
7.50
1.80
3.75
4.75
0.20
0.20

ii) Boston Deposition
The Norinsberg Group and the Smith Group billed over 29 hours in
connection with the Boston Deposition, which was held on January 6, 2014 and
lasted 2.60 hours.
The time was allocated as follows:

Hours

Norinsberg Group
Norinsberg
Cohen
Fitch

.10
4.60
3.75
8.45

Smith Group
Bauza
Lenoir
Smith

5.27
6.00
9.35
20.62
29.07

As the following time journals reveal, Mr. Lenoir, Mr. Smith and Ms. Bauza
prepared for this deposition, which was attended by both Mr. Lenoir and Mr.
Smith. This transcript was then reviewed by both Mr. Fitch and Mr. Cohen.

89

01/03/14

MB

01/03/14
01/03/14

NBS
JL

01/05/14
01/05/14
01/06/14

MB
NBS
JL

01/06/14

NBS

02/01/15
02/18/15
02/28/15
04/15/15

JLN
GMC
JPF
GMC

Prepare for Huffman and Boston Deposition; review discovery docs;
draft questions.
Prepare for Boston and Huffman examination before trial
Preparing docs and audio for Sgt Huffman and PAA Boston
depositions
Prepare for Boston and Huffman Deposition.
Prepare for Boston and Huffman examination before trial.
co-counsel w/Smith depositions of Huffman and Boston; post EBT
review w/Smith and Bauza
Prepare for and take examination before trial of Boston and Huffman;
meeting with team re: status and going forward
Read Curtis Boston Dep.; notes on same
Read, reviewed and took notes of PAA Boston deposition
Review of Schoolcraft discovery/deps – Boston
Reviewed and revised Boston outline for deposition read ins

4.50
4.50
2.50
6.02
3.70
9.50
10.50
0.60
2.25
3.75
2.25

iii) Medical Defendants Depositions: Dr.
Aldana-Bernier and Dr. Isakov
Between February 11, 2014 and February 12, 2014, Mr. Smith, Mr. Lenoir
and Mr. Suckle all attended the following depositions:
Deponent
Aldana-Bernier
Isakov

Date
2/11/2014
2/12/2014

Deposition Time
8.00
5.50
13.50

49

Four (4) timekeepers billed over 164 hours in connection with depositions
of the Medical Defendants50. The time journal set forth below reveal that a great
deal of the time was block billed and vague (not specifying which deponent the
timekeeper was working on), billed almost exclusively in 15 minute billing
increments and establish that Mr. Smith, Mr. Suckle, Mr. Lenoir and Ms. Bauza
duplicated each other’s efforts. Moreover, as set forth in “Time Records are Not
Proven and Are Exaggerated” above, wrong dates and times were recorded for
these depositions, including 15.50 hours that Mr. Suckle billed for a deposition of
Dr. Aldana-Bernier that did not take place.
.
10/14/13

MB

10/15/13
10/16/13
10/17/13
10/18/13
10/21/13
10/21/13
10/22/13

MB
JL
MB
HS
HS
MB
HS

Prepare medical defendants examination before trial; review medical chart and
record; review depostions of City defendants; review hospital policy and
procedure; review MHL 9.39; draft deposition questions.
Prepare medical defendants examination before trial.
co-counsel at deposition Dfnt Bernier - 111 Broadway- by H. Suckle
Prepare medical defendants examination before trial
prep for Aldana-Bernier depo
reviewed Aldana-Bernier interrogatories and further prep for depo
Prepare medical defendants exination before trial
meeting with Nat Smith to review case

49 Based on a review of the deposition transcripts.
50
Includes time for a court appearance regarding the videotaping of the deposition.
90

5.00
5.00
1.75
3.00
4.00
3.25
6.00
2.50

10/22/13
10/22/13
10/23/13
10/24/13
10/24/13
10/25/13

MB
NBS
MB
HS
NBS
HS

10/25/13
10/25/13
10/25/13

JL
MB
NBS

11/14/13

JL

02/08/14

MB

02/09/14
02/10/14
02/10/14
02/10/14

HS
HS
JL
MB

02/11/14
02/11/14
02/11/14

HS
HS
JL

02/11/14
02/12/14
02/12/14
02/12/14
02/13/14
02/20/14
04/20/14
04/22/14
04/23/14

NBS
HS
JL
BS
JL
MB
HS
HS
HS

Prepare medical defendants exination before trial
Meeting with H. Suckle re: medical examination before trial preparation.
Prepare medical defendants exination before trial.
prep deposition binder for Aldana-Bernier depo
Prepared for examination before trial of Dr. Bernier
appeared for Aldana-Bernier depo and strategized with John Meg and Nat
Smit
Appearance in court re attorney video of deposition--Bernier
Dr. Aldana-Berner; deposition was cancelled.
Appearance for Bernier examination before trial; wait for response from Court
on video objection; meeting with team.
Review of hospital and NYPD files and audio recordings in preparation for
examination before trial of Bernier and Mauriello.
Prepare for Medical Defendant's EBTs; review medical chart,record, and
deposition summaries; review Beiner's prior litigation testimony.
call and email re: Deposition of hospital with deft counsel
deposition preparation
Preparing depositions of Bernier and Isakof; review NYS 9.39
Conference with Howard Suckle re deposition prep; prep for Medical
Defendants depositions.
prep Isakov deposition
reviewed client's deposition questions
Deposition of defendant Dr. Bernier.111 B'Way--co-counsel with Smith and
Suckel
Prepare for and attend Dr. Bernier examination before trial.
prep and conducted Isakov deposition
co-counsel with Smith and Suckle at deposition of Defendant Dr. Isakov.
Prepare for and attend Dr. Isakov examination before trial.
Review with Smith notes and exhibits of depositions of Bernier and Isakov.
Draft memo to counsel re: Dr. Isakov.
preparation Aldana-Bernier deposition
preparation Aldana-Bernier deposition
prep and conducted Aldana-Bernier deposition

iv) July 2014 City 30 (b) 6 Depositions: Purpi,
Whalen, Whittman, Valenti, Milone, and
Finnegan
Between July 15, 2014 and July 17, 2014, Mr. Smith and Mr. Lenoir both
attended the following depositions:
Deponent
Whalen
Whittman
Valenti
Purpi
Finnegan
Milone

Date
7/15/2014
7/15/2014
7/16/2014
7/16/2014
7/17/2014
7/17/2014

91

Deposition Time
.90
1.20
1.10
1.90
2.20
1.50
8.80

5.00
2.50
5.00
10.00
5.50
5.00
0.75
2.50
3.20
5.50
5.75
0.20
5.20
2.50
6.25
9.00
0.50
8.50
8.50
7.25
7.50
9.50
1.00
2.00
4.50
3.00
8.00

As set forth below, three (3) timekeepers billed over 64 hours in
connection with 8.80 hours of deposition time, and as shown below the time
journals never mention the name of the deponent, the time is block billed, billed
almost exclusively in 15 minute billing increments and establish that Mr. Smith
and Mr. Lenoir were duplicating each other’s efforts.
03/14/14
03/27/14

MB

03/27/14

NBS
JL

03/28/14

JL

07/13/14

MB

07/14/14
07/14/14
07/15/14
07/15/14

JL
NBS
JL
NBS

07/16/14
07/16/14

JL
NBS

07/17/14
07/17/14

JL
NBS

Draft subject matter for NYPD 30(b)(6) notices.
Telephone conference with client (twice) re subject matters of
numerous 30(b)(6) notices; revising same.
Prepare, review, and edit correspondence re 30(b)(6) examination
before trial.
Finalize Plaintiff 30(b)(6) notices. Prepare examination of City 30(b)(6)
witnesses
Prep for City 30(b)(6) deposition topics; research anti-quota law, New
York Labor Law § 215-a, and Operations Order No. 52.
Prepare for City 30(b)(6) examination before trial.
Prepare for examination before trial of City 30(b)(6) witnesses.
Conduct two City 30(b)(6) examinations before trial.
Prepare for 30(b)(6) of witnesses on appeal; review and quota issues;
prepare for City examination before trial on training; disciplines and
crime reporting.
Conduct two City 30(b)(6) examination before trial.
Take deposition 30(b)(6) witnesses of City in the morning and afternoon;
prepare for same; conference with co-counsel; conference with court
clerk; prepare for examination before trial next day.
Conduct two City 30(b)(6) examination before trial.
Prepare for and take examination before trial of City 30(b)(6) witnesses
on performance evaluation of supervisors and of police officers.

e) Trial Preparations
The Smith Group billed 470.72 hours and the Norinsberg Group billed
970 hours in connection with trial preparations, allocated as follows:
Hours

Smith Group
Suckle
Bauza
Smith
Lenoir

1.25
157.88
229.15
82.44
470.72

Norinsberg Group
Cohen
Norinsberg
Fitch
Burzstyn
Meehan

228.35
475.95
122.10
7.85
135.90
970.15
1,440.87
92

5.67
3.50
1.50
3.25
6.00
2.25
1.50
7.50
3.20
7.00
9.50
7.00
6.50
64.37

The Norinsberg Group seems to have taken the lead of the Litigation
during the trial phase, being responsible for almost all of the examination
outlines, leaving primary responsibility for only the Eterno direct examination, the
jury instructions and the JPTO with the Smith Group. Nonetheless, in ASI’s
opinion, there was a great deal of duplication in effort between the two groups
and within each group.
i) Duplication in Effort within the Norinsberg
Group
a. Examination Outlines: Mr. Meehan
It appears as if the Norinsberg Group brought Mr. Meehan onto the team
to assist in examination outlines. Mr. Meehan billed 135.90 hours in connection
with such outlines, and as set forth below, it appears as if his work was
duplicative of the work performed by Mr. Norinsberg:
i. Caughey Cross Examination
The Caughey deposition lasted 8.40 hours and the Smith Group and the
Norinsberg Group billed an aggregate of 32.58 hours in connection with the
preparation for, attendance at, and review of this deposition.
During the trial phrase, the Norinsberg Group billed an additional 79 hours
working on the Caughey cross examination. As the following time journals
reveal, Mr. Meehan spent over 38 hours on this outline and then Mr. Norinsberg
“started” working on it.
08/10/15
08/10/15

JJM
JJM

08/11/15
08/11/15
08/12/15
08/12/15
08/12/15
08/12/15
08/14/15
08/14/15
08/17/15

JJM
JJM
JJM
JJM
JJM
JJM
JJM
JJM
JJM

08/17/15

JJM

08/17/15

JJM

08/17/15

JJM

08/18/15

JJM

Start Caughey prelim cross outline
Start MS OneNote Tab - reorganize dep highlights on Caughey
prelim cross outline
continue prelim cross outline of Caughey (Pt. 2)
Add allegations to prelim cross outline of Caughey
Continue prelim cross outline of Caughey (Pt. 3)
Meeting with Jln re: Caughey signing memobooks
Add memobook impeachment to Caughey prelim cross outline
Conlinue prelim cross outline of Caughey
Continue Caughey prelim cross outline (Pt 5)
Continue Caughey prelim cross outline (Pt 6)
Continue Caughey prelim cross outline (incorporate part 1 of
IAB transcript into cross) (Pt 7)
Continue Caughey prelim cross outline (incorporate part 2 of
IAB transcript into cross) (Pt 8)
Continue Caughey prelim cross outline (incorporate part 3 of
IAB transcript into cross) (Pt 9)
Continue Caughey prelim cross outline (incorporate part 4 of
IAB transcript into cross) (Pt l0)
Finished Caughey prelim cross outline, reorganized and edited
93

1.60
3.50
1.40
4.30
3.30
0.50
1.25
2.10
3.20
3.10
2.40
1.80
2.30
2.10
2.70

08/18/15
08/18/15

JJM
JJM

07/30/15

JLN

08/30/15
08/31/15
09/01/15
09/02/15
09/04/15
09/07/15

JLN
JLN
JLN
JLN
JLN
JLN

same
Added part headings to Caughey prelim cross outline
Finish Caughey prelim cross outline
Reviewed and highlighed first volume of Lt. Caughey's
deposition for extraction and use in cross x outline; took notes
re: same
Started working on Lt. Caughey cross-x
Contined working on cross-x of Lt. Caughey
Continued working on Caughey cross-x
Cross outline of Lt. Caughey
Continued working on Caughey cross-x
Continued working on Caughey cross-x

2.40
0.90
38.85
2.30
4.25
6.40
8.20
7.60
4.60
6.25
39.60
78.45

ii. Weiss Cross Examination
The Weiss deposition lasted 3.50 hours and the Smith Group and the
Norinsberg Group billed an aggregate of 21.55 hours in connection with the
preparation for, attendance at, and review of this deposition.
During the trial phrase, the Norinsberg Group billed an additional 38 hours
working on the Weiss cross examination. As the following time journals reveal,
Mr. Meehan spent 21 hours on this outline and then Mr. Norinsberg “started”
working on it.

08/03/15
08/04/15
08/04/15
08/05/15
08/06/15
08/06/15

JJM
JJM
JJM
JJM
JJM
JJM

Begin prelim cross outline of Sgt. Weiss
Continue prelim cross outline of Sgt. Weiss (part 1)
Continue prelim cross outline of Sgt. Weiss (part 2)
Continue prelim cross outline of Sgt. Weiss (part 3)
Continue prelim cross outline of Sgt. Weiss (part 4)
Continue prelim cross outline of Sgt. Weiss (part 5)

1.40
3.20
3.40
5.60
2.60
4.80
21.00

08/11/15

JLN

2.10

08/16/15
08/17/15
08/17/15
08/25/15

JLN
JLN
JLN
NB

Made revisions and edits to base cross-x outline for Sgt.
Weiss
Started work on Sgt. Weiss cross-x outline
Continued Weiss cross-x outlne
Continued working on Sgt. Weiss cross-x outline
Printed, bound, sorted and tabbed Weiss Cross

4.60
5.60
4.25
0.60
17.15
38.15

iii. Trainor Cross Examination
The Trainor deposition lasted 7.30 hours and the Smith Group and the
Norinsberg Group billed an aggregate of 19.45 hours in connection with the
94

preparation for, attendance at, and review of this deposition.
During the trial phrase, the Norinsberg Group billed an additional 68 hours
working on the Trainor cross examination. As the following time journals reveal,
Mr. Meehan spent over 33 hours on this outline and then Mr. Norinsberg “started”
working on it.
08/19/15
08/19/15
08/19/15
08/20/15
08/20/15
08/21/15
08/21/15
08/24/15
08/24/15
08/25/15
08/25/15

JJM
JJM
JJM
JJM
JJM
JJM
JJM
JJM
JJM
JJM
JJM

Begin Trainor prelim cross outline (part l)
Continue Trainor prelim cross outline (part 2)
Continue Trainor prelim cross outline (part 3)
Continue Trainor prelim cross outline (part 4)
Finish Trainor prelim cross outline (part 4)
Continue Trainor prelim cross outline (part 5)
Continue Trainor prelim cross outline (part 6)
Continue Trainor prelim cross outline (part 7)
Continue Trainor prelim cross outline (part 8)
Add part hearings to parts 1 - 4 and reorganize Trainor prelim cross outline
Add part hearings to parts 5 - 8 and reorganize Trainor prelim cross outline

2.90
2.30
1.70
3.70
2.60
3.30
4.70
3.10
3.70
2.60
3.10
33.70

08/10/15
08/26/15
08/27/15
08/27/15
08/30/15

JLN
JLN
JLN
JLN
JLN

1.20
2.70
6.40
4.80
6.75

09/02/15
09/04/15
09/06/15

JLN
JLN
JLN

Continued highlighting Trainor's Dep for cross-x excerpts
Began work on Trainor Cross-x outline using JM preliminary outline
Continued working on Trainor cross-x
Continued working on Trainor cross-x
Contined working on cross-x of Capt. Trainor; cross-referenced BNIU file
for several additional points
Continued working on Trainor cross-x
Continued working on Trainor cross-x
Finished Trainor cross-x

1.40
4.60
7.10
34.95
68.65

iv. Lamstein Cross Examination
The Lamstein deposition lasted 9.50 hours and the Smith Group and the
Norinsberg Group billed an aggregate of 39.85 hours in connection with the
preparation for, attendance at, and review of this deposition.
During the trial phrase, the Norinsberg Group billed an additional 56 hours
working on the Lamstein cross examination. As the following time journals
reveal, Mr. Meehan spent over 33 hours on this outline and then Mr. Norinsberg
“started” working on it.
08/25/15
08/26/15
08/26/15
08/27/15
08/27/15
08/28/15
09/02/15

JJM
JJM
JJM
JJM
JJM
JJM
JJM

Begin prelim cross outline of Lamstein (Part l)
Continue prelim cross outline of Lamstein (Part 2)
Continue prelim cross outline of Lamstein (Part 3)
Continue prelim cross outline of Lamstein (Part 4)
Continue prelim cross outline of Lamstein (Part 5)
Discussion with JLN about fomat of prelim cross outline of Lamstein
Continue lambstein prelim cross outline (Part 6)
95

3.70
3.20
3.40
2.80
2.20
0.30
3.70

09/02/15
09/08/15
09/08/15
09/09/15
09/09/15

JJM
JJM
JJM
JJM
JJM

Continue lambstein prelim cross outline (Part 7)
Continue lambstein prelim cross outline (Part 8)
Continue lambstein prelim cross outline (Part 9)
Add part headings and reorganize Lamstein prelim cross outline
Continued to reorganize lamstein prelim cross outline

2.30
2.90
2.30
3.70
2.80
33.30

09/09/15
09/10/15

JLN
JLN

1.70
2.60

09/10/15

JLN

09/10/15

JLN

09/10/15
09/11/15
09/12/15
09/13/15
09/15/15

JLN
JLN
JLN
JLN
JLN

Started work on cross-x Lamstein
Reviewed Lamstein's PES file & her handwritten notes for
incorporation into cross
Reviewed Lamstein Declaration Lamstein dep corrections & Lamstein
original typed notes vs. "draft" notes exchanged this summer
compared with dep testimony for use in cross-x
Reviewed Lamstein's IAB interview compared w/ dep testimony for
developing grounds to explore in cross
Reviewed Lamstein VM to AS on 10-31-09 to incorporate into cross
Continued working on Lamstein cross-x
Continued working on Lamstein cross-x
Continued working on Lamstein cross-x
Continued working on Lamstein cross-x

2.40
1.80
0.30
3.20
4.25
2.80
3.20
22.25
55.55

b. Examination Outlines: Cohen, Fitch and
Norinsberg
As the following time journals reveal, at least two (2) and often three (3)
senior attorneys worked on the same trial outline:
Sawyer
03/23/15

GMC

03/23/15
08/13/15
08/28/15

JPF
GMC
JLN

03/18/15

GMC

03/19/15

GMC

03/19/15
08/31/15

JPF
JLN

03/19/15
03/19/15
08/13/15

GMC
JPF
GMC

08/24/15

JLN

08/30/15

JLN

Draft Sawyer cross examination, reviewed docs, memos,
hospital records, audio
Review of Sawyer cross examination outline
Reviewed and updated Sawyer examination
Reviewed GC draft cross of Sgt. Sawyer; highlights, edits,
revisions to same
James
Began Draft James cross examination, reviewed docs,
memos, hospital records
Draft James cross examination, reviewed docs, memos,
hospital records
Review of James Cross outline
Reviewed GC draft of Sgt. James cross; edits to same &
extracted relevant points for opening statement
Discussion with JF re: James cross examinaiton
Discussion with GC re: James cross examinaiton
Update and revise James cross examination
Gough
Reviewed GC's cross-x outline on Gough; took notes re:
same
Reviewed GC draft of Gough cross; edits/revisions to same
96

2.75
1.40
3.75
1.30
5.40
3.90
2.10
2.40
0.75
0.75
2.90
0.70
1.90

08/12/15

GMC

02/24/15
02/24/15
02/24/15
02/24/15
02/25/15
03/03/15

GMC
JPF
JPF
GMC
GMC
GMC

Update and revise Gough examination
Huffman
Discussion with JF re: Huffman cross
Discussion with GC re: Huffman cross
Review of Huffman cross examination outline
Drafted Huffman cross examination outline
Drafted Huffman cross examination outline
Review and revise Huffman cross examination outline

2.50
0.75
0.75
1.25
3.40
3.40
1.80

ii) Duplication in Effort within the Smith Group
and Between the Smith Group and the
Norinsberg Group
a. Jury Instructions
Excluding time specifically related to jury instructions in connection with
the Medical Defendants,51 the Smith Group billed 112.24 hours and the
Norinsberg Group billed 4.95 hours, allocated as follows:
Hours

Smith Group
Suckle
Bauza
Smith
Lenoir

1.25
88.23
12.05
10.71
112.24

Norinsberg Group
Cohen
Norinsberg
Fitch

1.10
.60
3.25
4.95
117.19

As the following time journals reveal, in August 2013, Mr. Smith and Ms.
Bauza spent an extraordinary amount of time on a “jury instruction project,”
revised them in March 2014 and then in 2015, Mr. Lenoir, Mr. Cohen, Mr.
Norinsberg and Mr. Fitch all reviewed the instructions.
08/01/13

NBS

08/01/13
08/05/13

MB
MB

08/06/13

MB

Meeting with Magdalen re: status and case; review of case law in
jury instructions.
Meeting with Nat re: jury instructions project.
Jury instructions project: research fundamentals of 1983 litigation
and federal causes of action; review commentary Bender and
Schwartz; causation by multiple defendants; collect cases for
authority.
Jury instructions project.

51 An aggregate of 57.10 hours were billed relating to jury instructions relating to the Medical
Defendants.
97

2.80
3.00
5.00

5.00

08/12/13
08/14/13
08/19/13
08/20/13
08/21/13
08/26/13
08/29/13
09/03/13
03/14/14

MB
MB
MB
MB
MB
MB
MB
MB
MB

03/15/14

MB

03/19/14

MB

03/28/14
03/28/14

MB
NBS

03/30/14
03/12/15

JL
MB

03/13/15
03/13/15
03/19/15
03/19/15
03/23/15

GMC
JPF
JLN
JLN
GMC

03/24/15

JL

03/25/15
03/30/15
04/02/15
04/04/15
04/04/15
04/06/15
04/06/15

HS
MB
MB
GMC
JLN
MB
JLN

04/07/15
04/07/15

GMC
JLN

04/09/15

NBS

04/14/15
07/28/15
07/28/15
07/28/15

GMC
GMC
JLN
JPF

Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Jury instructions project.
Revise proposed jury instructions for City defendants; research
Monell custom and policy municipal liability; analyze Monell jury
instructions from other jurisdictions; draft alternate instructions;
review and collect cases for authority.
Continue with research and drafting NYPD proposed jury
instructions; draft charges for supervisor liability, First Amendment
retaliation and prior restraint.
Draft NYPD proposed jury instructions; continue state action
research re: Medical Defendants.
Meeting with Nat re: NYPD proposed jury instructions draft.
Meeting with Mag reference jury instructions; telephone call with
client reference 30(b)(6); revising same and serving same.
Review jury instructions with Magdelena.
Revise NYPD jury instructions; distribute revised charges to
counsel.
Review of proposed jury instructions drafted by NS team
Review jury instructions from NS team
E-mail comments and feedback re: verdict sheet
Review of NS verdict sheet; made edits revisions to same
Various email correspondence w/NS re: verdict sheet, Lamstein
letter and exhibit list/chart
Draft/prepare jury verdict sheet template. Research re jury
instruction re elements of complaint.
prepared request to charge
Call with Nat re: Glendale diagram/jury charges.
Trial Team meeting re trial prep, jury instructions.
Review of revised verdict sheet from NS
Reviewed revised verdict sheet and revised exhibit list sent by NS
Combine NYPD and Medical Defendants Jury Instructions.
E-mail to rest of team regarding specific comments and
suggestions on verdict sheet
Review of Jury Instructions from Magdelena Bauza ("MB")
Reviewed changes to verdict sheet; additional edits and revisions
to same
Prepare for trial - jury verdict sheets and cross examination
outlines of witnesses
Email correspondence with SK re: Jury instructions
Review of updated jury instructions
Reviewed revised Jury Charges from SK; made notes re: same
Review of updated jury instructions

98

5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.47

6.00
6.43
6.25
4.50
1.00
1.70
0.40
1.10
0.30
0.40
0.50
4.50
1.25
0.50
0.10
0.10
0.40
6.33
0.20
0.30
0.20
7.50
0.10
0.40
0.60
0.75

b. JPTO, Exhibits and Witness List
The Smith Group recorded over 107 hours and the Norinsberg Group
recorded over 43 hours in connection with the JPTO, Witness List and Exhibit
list, with the time allocated as follows:
Hours

Smith Group
Smith
Lenoir

94.96
12.75
107.71

Norinsberg Group
Cohen
Norinsberg
Fitch
Burzstyn

11.30
23.35
6.65
2.10
43.40
151.11

As the following time journals reveal, five senior attorneys and two
paralegals were working together and duplicating the efforts of the other.
02/11/15
02/11/15
02/11/15
02/20/15

GMC
JLN
JPF
JLN

02/27/15

JLN

02/27/15

JLN

02/27/15
03/04/15
03/04/15
03/04/15
03/04/15
03/06/15

JLN
GMC
JLN
GMC
JLN
JLN

03/06/15
03/06/15
03/06/15
03/06/15
03/06/15
03/06/15
03/09/15

GMC
JLN
JPF
GMC
JPF
JPF
JLN

03/12/15
03/12/15
03/18/15

GMC
JPF
JL

Review of witness/exhibit list from JN and discuss with JF
Review of witness/exhibit list from JF and discuss with GC
Review of witness/exhibit list from JN and discuss with GC
Further revised and edited proposed list of exhibits and
witnesses; E-mailed same to NS for todays meeting
E-mail exchange with NS regarding following up on Exhibit lists,
Index of CD's, Index of exhibits and EBT summaries
E-mail exchange toNS requesting review of our exhibit list (as
compiled by JN & GC) re global "universe" of all exhibits needed
for trial, and made additional requests for items that will facilitate
trial prep.
Reviewed preliminary list of exhibits and Indexes provided by NS
E-mail froim JN with revised witness list
E-mail to GC with revised witness list
Phone and email call w/JN re: witness list
Phone and E-mail w/GC re: witness list
E-mail exchange with client and LS regarding witness list and
case update
Review of AS proposed witness list
Discussion w/ JF & GC re proposed witnesses
Discussion w/ JN & GC re proposed witnesses
Discussion w/JN & JF re proposed witnesses
Review of email from AS w/ witness suggestions
Research on limitations of witness examinations
Compiled List of NYPD witnesses for trial and assigned all
witnesses to team for trial; e-mailed copy of same to team
Email from AS re: witness list
Email from AS re additional witnesses for trial
Review of trial; prepare exhibits.
99

1.30
1.30
1.30
1.60
0.10
0.20

0.20
0.10
0.10
0.30
0.30
0.10
0.30
0.60
0.60
0.60
0.80
2.10
0.30
0.10
0.50
0.50

03/21/15

NBS

03/22/15
03/22/15
03/23/15

JL
NBS
JLN

03/23/15

JL

03/23/15
03/24/15

NBS
JLN

03/27/15

NBS

03/29/15
03/30/15

NBS
NBS

03/31/15

JLN

03/31/15

GMC

03/31/15

NBS

03/31/15

JLN

04/01/15
04/01/15
04/02/15

NB
NB
JLN

04/02/15

GMC

04/02/15

JLN

04/02/15
04/02/15
04/02/15
04/04/15
04/05/15
04/05/15
04/06/15

JLN
GMC
JPF
GMC
JLN
GMC
JLN

04/06/15
04/06/15
04/09/15
04/10/15

JLN
GMC
GMC
NBS

04/12/15
05/14/15

JLN
GMC

05/14/15

JLN

05/14/15

JLN

Drafting letter re: Lamstein; Q/F issue and adjournment request;
review of exhibit lists for JPTO.
Trial exhibits preparation.
Review of exhibits for JPTO; revise letter to Court.
E-mail exchange with NS regarding trial exhibit list and verdict
sheet (uncluding JL's marshalling of facts)
Meeting with Nat MSith at 100 Wall Street; prepare trial exhibits
and witness list.
Prepare witness and exhibit list; rewrite letter to Court.
E-mail exchange with rest of team regarding exhibit list and
concerns over lAB file and impeachment documents
Review of production for JPTO; emails to opposing counsel;
emails to co-counsel re: status.
Review of discovery record for JPTO and witness cross.
Review of discovery record for JPTO - exhibits and witness;
telephone call to John Lenoir re: witness responsibilities;
telephone to Mag Bauza re: jury instructions and diagram.
E-mail exchanges with GC and NS regarding list of trial exhibits,
list of trial assignments, verdict sheet from Marshall and handling
Valenti
Email correspondence w/NS and JN re trial witnesses and
exhibits
Review of discovery for witness list, exhibit list, and JPTO; emails
with opposing counsel re: service of subpoenas.
E-mail correspondence w/NS and GC re trial witnesses and
exhibits
Printed and bound exhibit list and witness list for Court
Compiled, sorted, copied and collated multiple trial exhibits
Reviewed proposed exhibit list from NS in prep for today's
meeting. Also compiled own list of subject for discussing
Drafted and sent follow up emails w/NS team and JN after
meeting re: exhibits
Drafted and sent follow up E-mails w/NS team and GC after
meeting re: exhibits
Meeting with GC and NS team
Meeting with JN and NS team
Meeting with JN and NS team
Email from NS re: revised exhibit list
E-mail correspondence w/GC and NS re revised exhibit list
Email correspondence w/JN and NS re revised exhibit list
E-mail to rest of team regarding additional exhibits that should be
added to list
Phone call w/GC and NS re: trial exhibits
Phone call w/JN and NS re: trial exhibits
Emailed NS for BNIU exhibits for inclusion on JPTO
Prepare for Harlon cross; emails re: status; telephone call to Mag
Bauza re: to do; telephone conference with John Lenoir re:
witnesses; review of witness list.
Compiled list of all trial exhibits to be used on my section of trial.
Email correspondence all parties re: pretrial submissions
schedule
E-mail correspondence amongst all parties re: pretrial
submissions schedule
E-mail re: pretrial submissions schedule
100

3.50
1.50
3.50
0.20
4.50
4.50
0.20
5.50
7.50
7.50
0.20
0.25
5.50
0.20
0.20
0.60
0.30
0.50
0.50
1.90
1.90
1.90
0.25
0.20
0.25
0.10
0.50
0.50
0.10
7.50
0.70
0.10
0.10
0.10

05/15/15

GMC

05/15/15
05/18/15
05/18/15
05/29/15

JLN
GMC
JLN
GMC

06/25/15

NBS

07/23/15
07/24/15
07/24/15
07/25/15
07/27/15
07/27/15
07/27/15
07/28/15
08/04/15
08/04/15
08/04/15
08/04/15
08/04/15
08/05/15
08/05/15
08/05/15

NBS
JLN
JPF
JLN
JLN
GMC
JLN
JLN
NBS
GMC
JLN
JLN
GMC
NB
JLN
JLN

08/05/15
08/05/15
08/05/15
08/06/15
08/06/15

NBS
GMC
JLN
NB
JLN

08/07/15

GMC

08/07/15

JLN

08/07/15

NBS

08/07/15

JL

08/09/15
08/09/15
08/09/15

GMC
JLN
NBS

08/10/15
08/10/15
08/10/15

GMC
JLN
NB

08/10/15

NBS

Email correspondence all parties re: pretrial submissions
schedule
Further e-mail w/ all parties re: pretrial submissions schedule
Review of letter motion titled by City re JPTO dates
Review of letter motion filed by City re: JPTO dates
Email correspondence all parties re: pretrial submissions
schedule
Emails with counsel re: status; letter to court re: schedule; review
of trial exhibit folder.
Drafting reply; review of witness list and exhibit trial list for JPTO
E-mail exchanges re: JPTO deadliine
Review of draft witness list from NS: notes taken
E-mail exchange from NS re: adding Polanco to JPTO
Read NS letter motion for extension on JPTO
Email w MS re: master exhibit list
E-mail w/ MS re: master exhibit list
Reviewed revised witness list; made edits/revisions to same
Preparing JPTO draft section.
Review of NS revised witness and exhibit list
Review of NS revised witness and exhibit list
Phone call w/GC re: witness list and exhibit list
Phone call w/JN re: witness list and exhibit list
Printed City's draft JPTO
Preliminary review of City's JPTO and hospital JPTO
Multiple phone calls w/ GC & NS regarding JPTO exhibits and
witnesses
Preparing JPTO section; telephone call with team re: same.
Phone calls with JN and NS re: exhibit and witness list
Continued conversations with NS regarding exhibits & witnesses
JPTO
Continued review of JPTO submissions by all parties; took notes
re: same
Phone call with JN, JL & NS regarding multiple issues in
defendants' respective JPTO's
T/c with GC, JL & NS regarding multiple issues in defendants'
respective JPTO's
Review of JPTO sections from defendants; telephone call with
Brian Osterman; conference call with Plaintiff's team re: JPTO
objections; letter to Judge Sweet oposing motion to strike reply.
Review JPTO's filed by defendants; telephone conference with
counsel team re: JPTO; conference with co-counsel re: Trial
Draft.
Review of email correspondence re: JPTO and motion deadlines
E-mail correspondence re: JPTO and motion deadlines
Review of JPTO submissions and interrogation of sections; email
team; email opposing counsel re: schedule; review of trial
assignments.
Review of email correspondence re: JPTO and motion deadlines
E-mail correspondence re: JPTO and motion deadlines
Made multiple formatting changes to final S&C; prepared civil
cover sheet and summons for same
Revised JPTO; letter to court re: schedule; emails with cocounsel; emails with opposing counsel re: JPTO.
101

0.10
0.10
0.10
0.10
0.10
0.30
5.50
0.10
1.10
0.10
0.10
0.10
1.75
0.20
4.50
0.30
0.30
0.40
0.40
0.10
0.30
0.90
5.50
1.00
1.00
0.10
0.60
1.00
1.00
3.20
3.50
0.10
0.10
3.50
0.10
0.10
0.70
3.50

08/11/15

JLN

08/11/15
08/11/15
08/11/15

JLN
GMC
NBS

08/13/15
08/13/15
08/13/15
08/13/15

GMC
JLN
JLN
NB

08/13/15

JLN

08/14/15

JLN

08/14/15
08/14/15

GMC
JLN

08/14/15
08/14/15
08/14/15

JLN
GMC
JLN

08/14/15
08/14/15
08/14/15

JLN
JL
NBS

08/15/15

JLN

08/16/15
08/17/15

JLN
JLN

08/17/15

NBS

08/18/15
08/18/15
08/19/15

JLN
NBS
NBS

08/20/15
08/20/15

JLN
NBS

08/21/15

JLN

08/21/15

JLN

08/22/15

JLN

08/25/15
08/25/15

NB
NB

E-mail from NS to all counsel w/ consolidated shell of JPTO;
reviewed same
Review of City defendants JPTO
Review of City defendants JPTO
Revising JPTO; review defendant's depositions; objections to
exhibits.
Review of correspondence all parties re: JPTO
Review of correspondence all parties re: JPTO
E-mail from Scheiner w/ spreadsheet re: City JPTO objections
Printed spreadsheet from A. Scheiner with City's objections to
plaintiffs JPTO
Reviewed NS letter to Court seeking 1 extra week for JPTO; also
reviewed opposition e-mails by defense counsel to same;
reviewed Mauriello's response to plaintiffs JPTO
Review of letter to Court filed by Scheiner re: Defendants' JPTO
(wlo plaintiff's portion)
Email re: City filing JPTO without our input
E-mail from NS asking team for input in responding to Scheiner's
letter JPTO
Read City's letter to Court re: Defendants' JPTO
Review of City's email re JPTO
Reviewed multiple E-mail exchanges between NS and counsel
regarding JPTO and best way to proceed
Reviewed consolidated JPTO; made notes re: same
Meeting with Smith re JPTO
Revising section of JPTO; review and inclusion in sections from
defendants; emails with opposing counsel and co-counsel re:
JPTO; conference with John Lenoir re: rifle issues for trial.
T/c w/ AS & LS re: City's JPTO filing & attorney's motion to strike
reply & several updates on trial prep
Reviewed defendants JPTO filing; took notes re: same
Read City's letter to Court re: Opposition to Plaintiff's August 13th
Request to Modify the JPTO Filing Deadline
Review of JPTO; telephone call with Kretz; review of letter to
court from city.
Reviewed NS reply to City's letter JPTO
Letter to court in reply on JPTO adjournment.
Preparing JPTO; review of emails; preparing witness focus
sheets; review of all defendants exhibits for purposes of asserting
objections.
Reviewed NS letter to Court re: JPTO
Review of exhibits and serve photos on defendants by email and
fax; letter to court re: filing JPTO; revise and file plaintiffs draft of
pre-trial order.
Read Alan Sheiner's letter to Court regarding striking plaintiff's
JPTO
Scheiner letter to Court attaching City's response to August 20th
letter by NS
T/c w/ AS & LS re: City's letter seeking to limit us to one police
expert & city opp. to our request to modify JPTO deadlines &
general updates on status of cross examinations
Printed JPTO for JLN review
Printed filing by NS responding to various arguments by
defendants on JPTO exhibits and witnesses for JLN Review
102

0.10
0.60
0.75
3.50
0.10
0.10
0.10
0.10
0.40
0.10
0.10
0.10
0.10
0.25
0.30
0.70
1.00
3.50
0.90
0.60
0.10
2.50
0.10
1.50
8.50
0.10
3.80
0.10
0.10
0.70
0.10
0.10

08/25/15

JLN

08/25/15
09/03/15
09/03/15
09/03/15
09/04/15

JLN
NB
JLN
GMC
NBS

09/08/15

NBS

Reviewed filing by NS responding to various arguments by
defendants on JPTO exhibits and witnesses
Reviewed JPTO; edits and revisions to same
Printed City letter re: JPTO schedule for JLN review
Review of City letter re: JPTO schedule
Review of City letter re: JPTO schedule
Review of and drafting JPTO; long tc with A Scheinder (3x) with J
Norinsberg re settlement; tc JL re settlement; email team re same
Telephone conference with JN; tc A Schiener (several times) re
settlement; email all counsel re JPTO and new exhibits added; tc
B Osterman re request to discontinue against JHMC (less than 6
figures)

0.10
0.60
0.10
0.20
0.25
4.50
3.50

c. Pre-Trial Conferences
As set forth below, Mr. Smith and Ms. Bauza from the Smith Group and
Messrs. Norinsberg, Smith and Cohen from the Norinsberg Group prepared for
and attended the pre-trial conferences, billing almost 40 hours for these two short
conferences.
05/11/15
05/11/15
05/12/15
05/12/15
05/12/15
05/12/15
05/12/15

NBS
JL
GMC
GMC
JPF
GMC
JLN

05/12/15
05/12/15
05/12/15
05/12/15
05/12/15
05/12/15
05/12/15
05/12/15
05/12/15
05/12/15

JPF
GMC
JLN
JPF
JLN
JPF
GMC
JL
MB
NBS

05/13/15
05/13/15
04/11/15
04/13/15
04/13/15
04/13/15
04/13/15
04/13/15
04/13/15
04/13/15
04/13/15
04/13/15

GMC
JLN
JLN
GMC
GMC
JPF
JPF
JPF
GMC
JLN
GMC
JLN

Review of decision on summary judgment; prepare for conference with court.
Prepare for hearing re: Court's Opinion/Order re: dispositive motions.
Travel from SDNY for conf. (.5)
Travel to SDNY for conf. (.5)
Travel to SDNY for conf. (.5)
Conf. trial adjourned to Oct. 19
Conference before Judge Sweet regarding setting new trial date and schedule
for pre-trial filings
Conf. trial adjourned to Oct. 19
Team meeting following conf.
Team meeting following conf.
Team meeting following conf.
Meeting w/NS team GC and JF pre-conf
Meeting w/NS team JN and GC pre-conf
Meeting w/NS team JN and JF pre-conf
Meeting with full trial team re: hearing; status conference with Judge Sweet.
Conference with Judge Sweet; Trial team meeting re status.
Prepare for conference meeting with team; conference with court on case re:
schedule for trial and pre-trial.
Email correspondence w/SK re conference
E-mail correspondence w/SK re conference
E-mail correspondence w/ GC and NS re: trial date and schedule
Travel from SDNY for conference re: trial date (.5)
Travel to SDNY for conference re: trial date (.5)
Travel from SDNY for conference re: trial date (.5)
Travel to SDNY for conference re: trial date (.5)
Meeting w/JN and GC re new trial date
Meeting w/JN and JF re new trial date
Meeting wl GC and JF re new trial date
Conf. on trial date- case adjourned
Conference before Judge Sweet regarding adjournment of trial and next steps
for moving forward
103

1.50
2.50
0.25
0.25
0.25
1.00
1.00
1.00
1.25
1.25
1.25
1.50
1.50
1.50
1.75
3.50
3.50
0.10
0.10
0.20
0.25
0.25
0.25
0.25
0.50
0.50
0.50
1.00
1.00

04/13/15
04/13/15

JPF
JLN

04/13/15
04/13/15

MB
JL

04/13/15

NBS

Conf. on trial date - case adj ourned
T/c with plaintiff regarding today's conference and Judge's proposed dates
and impact this will have and variety of trial issues
Conference with Judge Sweet; team conference.
Prepare for hearing before Judge Sweet re: trial schedule; meeting with trial
team re: trial schedule and strategy.
Prepare for oral argument; appear in court for conference with court (2.0);
conference with team thereafter; email opposing counsel re: Lauterborn CD
and Boston illness.

f) Multiparty Attendance at Meetings, Hearings,
Conferences and Depositions
The Norinsberg Group billed 256 hours (7.5% of their aggregate time), the
Smith Group billed 1,043 hours (19% of their aggregate time), and the Gleason
Group billed 81 hours (16% of their aggregate time) to events where more than
two (2) and often three (3) attorneys were in attendance. 52 This duplication in
effort was especially wasteful given the seniority of the staff.
i) Client Meetings
The Norinsberg Group billed over 153 hours, the Smith Group billed over
319 hours, and the Gleason Group billed over 129 hours for meetings and calls
with Mr. Schoolcraft, allocated as follows:
Hours

Norinsberg Group
Norinsberg
Cohen
Fitch

78.85
37.30
37.10
153.25

Smith Group
Smith
J. Lenoir
Suckle
Bauza

145.05
104.12
4.00
66.00
319.17

Gleason Group
Gleason
Gilbert

104.25
25.00
129.25

52 Amounts exclude preparation time for these events other than that which was block billed on
the date of the event.
104

1.00
1.25
2.50
3.50
3.20

As set forth below, there were 12 meetings with Mr. Schoolcraft where
multiple attorneys travelled to his home and attended the meetings, billing over
240 hours for these 12 meetings.
GMC
8/9/12
11/16/12
11/23/12
2/24/13
4/7/13
6/26/13
7/10/13
8/27/13
5/20/14
9/12/14
9/13/14
9/14/14

JPF

JLN

X

31.75
24.00
18.50
12.90
22.60
18.00
17.00
22.50
16.50
16.50
22.50
17.50
240.25

X

X53

NBS

MB

X

X
X
X
X
X
X
X

X
X
X
X
X

Gleason

Gilbert

x
x
X
X
X
X
X
X
X
X

JL

x
x

x

Other meetings/ conference calls with Mr. Schoolcraft where multiple
attorneys attended include the following:
GMC
10/8/12
10/9/12
10/10/12
10/11/12
11/13/12
4/25/13
4/26/13
4/27/13
5/18/13
10/1/13
10/7/13
12/24/13
12/26/13
12/29/13
12/30/13
2/16/14
4/16/14
4/18/14
4/29/14
6/2/14
6/9/14
6/29/14
7/22/14

X
X
X

JPF

JLN

X
X

X
X
X
X

X
X

NBS

HS

X
X
X
X
X
X
X

MB

JL

X
X
X
X

X

X
X
X
X

X
X
X
X

X
X
X
X
X
X
X
X
X
X

X
X
X
X
X
X
X
X

X

X
X

53. Attorney Norinsberg billed twice for this meeting
08/09/12
08/09/12
08/09/12
08/09/12

GMC
JLN
JLN
JPF

Meeting w/AS in Albany
Meeting with Client in Albany with GC & JF
Meeting w/AS in Albany
Meeting w/ AS in Albany

105

5.75
5.50
5.75
5.75

GMC
11/6/14
1/26/15
2/2/15
6/10/15

JPF

JLN

NBS

MB

JL

X

X
X

HS

X
X
X

X

X

ii) Witness Interviews
The Norinsberg Group billed over 190 hours and the Smith Group billed
over 24 hours in connection with witness interviews, allocated as set forth on the
following page:
Hours

Norinsberg Group
Norinsberg
Cohen
Fitch
Burzstyn

54.25
86.70
49.20
.30
190.45

Smith Group
Lenoir
Bauza
Smith

4.08
14.31
5.90
24.29
214.74

As set forth below, Mr. Cohen and Mr. Fitch attended these interviews in
concert and one of the witness interviews was even attended by Mr. Cohen, Mr.
Fitch and Mr. Norinsberg.
GMC
X
X
X
X
X
X
X
X
X
X
X

8/25/10 (“PF”)
8/27/10 (Lipscomb)
8/31/10 (“DH” & “EB”
9/3/10 (“MG”
10/4/10 (“JR”)
10/7/10 (“EB”)
10/26/10 (“RC”)
11/4/10 (“BP”
11/8/10 (“MC”)
11/11/10 (JW”)
3/1/11 (Anonymous)

JPF
X
X
X
X
X
X
X
X
X
X
X

JLN

X

iii) Hearings/Conferences
As set forth on the following page, all but five (5) hearings/conferences54
54
11/07/12
05/23/12
9/25/2013
10/01/14

GMC
GMC
NBS
JL

Hearing on issue of AS able to review QAD file
Attend and argue against motion to quash
Appearance in court on motions (2.0);
… hearing on city and hospital defendants' motion (.75);
106

0.80
1.00
2.00
.75

were attended by at least two (2) and as many as six (6) timekeepers:
GMC

JPF

X
X
X
X
X
X

Court Appearance
1/26/11 (Motion to Dismiss)
9/28/11 (Motion to Compel)
2/8/12 (Pre-Trial Conference)
3/28/12 (Privilege)
5/9/12(Complaint)
10/24/12 (Motion to Compel)
6/5/13 (Motion to Compel)
9/25/13 (Discovery
10/16/13 (Misc. Motions)
11/13/13 (Video Hearing)
1/15/14 (Discovery)
3/26/14 (Discovery)
4/9/14 (Raymond)
4/30/14 (Protective Order)
5/28/14 (Notice 30B)
6/9/14 (Trial Status)
10/29/14 (Status Conference)
1/14/15 (Summary Judgment)
2/2/15 (Summary Judgment)
4/13/15 (Pre-Trial Conference)
5/12/15 (Pre-Trial Conference)

X
X
X
X
X

X
X

X
X

JLN
X
X
X
X
X

X
X

NBS

X
X
X
X
X
X
X
X
X
X
X
X
X
X

HS

X

MB

X
X
X
X

X
X

X
X

JL

X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

iv) Meetings/Conferences
As set forth below, meetings and conference calls were usually staffed
with at least two (2) and often three (3) senior attorneys:
GMC

03/13/14

JL

JPF

JLN

X
X

Meetings
7/30/10 (Polanco, Raymond)
7/31/10 (Polanco)
9/22/10 (Lobbying)
9/23/10 (Center for Constitutional Rights)
9/27/10 (DOJ)
9/27/10 (Lobbying)
10/27/10 (Velez)
1/20/12 (Discovery)
4/11/13 (Rae Koscheck)
5/16/13 (Departmental Hearing)
5/18/13 (Departmental Hearing)
9/19/13 (Precinct Inspection)
10/2/13 (Hospital Inspection)
12/24/13 (Settlement)
12/26/13 (Exhibits)
3/4/14 (Discovery)
4/1/14 (Settlement)
4/14/14 (Settlement)
4/16/14 (Settlement)
5/8/14 (Settlement)
9/11/15 (Settlement)
7/2/12 (Larry Schoolcraft)
3/27/13 (Gleason)
5/13/14 (Ferrara)

X
X
X
X
X
X
X
X

X

X
X
X
X
X

X
X

X

HS

MB

JL

X
X
X
X

X

Hearing and conference. SDNY Sweet, J., re discovery
status

107

NBS

X
X
X
X
X
X

X

X
X
X
X
X
X

X
X
X
X
X
X
X

X
X

X

0.75

X
X
X
X
X
X
X
X
X
X

X

GMC

5/13/13 (Helena Melisi)
1/7/15 (James McCutcheon)
2/26/15 (Mary Soeto)
10/23/13 (Eterno)
6/7/13 (Potential Experts)
6/13/14 (Eterno)
7/30/14 (LE Experts)
8/4/14 (Eterno)
10/4/14 (Eterno)

X

JPF

JLN
X

NBS
X
X

HS

X
X
X
X
X
X

MB

X

2) Conclusion Regarding Duplication in Effort and Other
Inefficiencies
In ASI’s opinion, the Norinsberg Group, the Smith Group and the Gleason
Group failed to exercise billing judgment and the unnecessary duplication in
effort was pervasive, especially considering the seniority of the staff. Moreover,
no reduction has been made for a great deal of work performed by the
Norinsberg Group and the Smith Group relating to the Medical Defendant (e.g.,
the Second and Third Amended Complaint, preparing Mr. Schoolcraft for his
deposition and preparing for the Medical Defendants depositions) as the tasks
were not exclusively performed in connection with the Medical Defendant.
Accordingly, in ASI’s opinion, a reasonable, if not conservative reduction
would is 50% of the amount of time billed by the Smith Group and the Norinsberg
Group. ASI is not recommending a further reduction to the Gleason Group in light
of the fact that ASI has previously recommended writing off most of their time
because it is non-compensable due to the fact that most of their work was
unnecessary or inappropriate to bill to a defendant in a fee shifting claim.
Recommended Reductions:
The Smith Group:
Hours Billed

Smith Group
Smith
Lenoir
Suckle
McCutcheon
Bauza
Smith Paralegals

Recommended
Reduction

2,219.40
1,281.00
108.90
23.38
1,297.97
444.18

-1,109.70
-640.50
-54.45
-11.69
-648.98
-222.09

108

Recommended Reduction
Excluding Medical Defendants, Press and
Lobbying, Substitution of Counsel and
Digesting, and Adjusting for Billing
Methodology Reduction
-764
-424.04
-38.08
-9.32
-377.21
-24.29

JL
X
X
X
X
X
X
X
X

The Norinsberg Group:
Hours Billed

Recommended
Reduction

1,451.85
806.70
894.75
137.80
103.15

-725.93
-403.35
-447.38
-68.90
-51.58

Norinsberg
Group
Norinsberg
Cohen
Fitch
Meehan
Burzstyn

Recommended Reduction
Excluding Medical Defendants, Press and
Lobbying, Substitution of Counsel and
Digesting, and Adjusting for Billing
Methodology Reduction
-557.75
-311.79
-295.46
-58.23
-22.69

E. Conclusion
In ASI’s opinion, the reasonable hours for the Litigation are as follows:
Reasonable Hours

Norinsberg Group
Cohen
Fitch
Norinsberg
Meehan
Burzstyn

311.79
295.46
557.75
58.23
22.69
1245.92

Smith Group
Smith
Lenoir
Suckle
McCutcheon
Bauza
J. Lenoir
L. Smejila
J. Smith

764.05
424.03
38.07
9.31
377.2
4.8
1.2
17.29
1635.95

Gleason Group
Levine
Gleason
Gilbert

3.88
95.85
20.1
119.83

7. Amount of Expenses from the City is Unreasonable
The Smith Group
The Smith Group is requesting $135,235.75 in expenses, after deducting
$14,259 of expenses relating to Dr. Lubit’s time preparing for trial after the City
109

tendered their Offer of Judgment and $1,984.43 for the cost of housing for the
plaintiff on the eve of the trial of the action against the Medical Defendants.
In ASI’s opinion, the following expenses were either unreasonable and/or
not the City’s responsibility to reimburse:
Expenses Relating to Medical Defendants
The Smith Group is requesting reimbursement aggregating $55,945.99 for
expenses relating solely to the Medical Defendants. Such expenses include:
5/20/2014
7/7/2014
9/20/2014
10/21/2014
10/31/2014
11/25/2014
12/2/2014
12/4/2014
12/8/2014
12/12/2014
11/17/2015

JHMC-Mafia 30 (b) (6) ebt tr
Dhar Dep Tr
Dr. Halpren-Ruder Fees and expenses for Deposition
Dr. Halpren-Ruder Fees
Patel day two ebt tr
Federal Express documents to Dr. Roy Lubit
Federal Express Dr. Roy Lubit deposition transcript, dated September
2014
Anthony Maffia deposition transcript to Veritext court reporting
Attorney Maffia deposition transcript to Gregory Radomisli by regular mail
Dr. Roy Lubit third deposition transcript by mail
Dr. Lubit invoice and time records at $500 per hours and $4,500 per half
day

$711.00
$1,081.38
55
$4,010.35
$4,400.00
$523.42
$20.00
$21.94
$711.00
$5.45
$5.45
$44,456.00
$55,945.99

Expenses Relating to Experts
The Smith Group is requesting additional expert-related reimbursements
aggregating $16,538.3056, including a $188 dinner which is not a reasonable
expense. I am advised that as a matter of law, expert fees are not recoverable in
Section 1988 cases. Such expenses include:
6/24/2014
7/11/2014
7/11/2014
9/8/2014
9/23/2014
9/23/2014

Dinner with Expert
Eli Silverman Ckt #2973
John Eterno Ckt #2974
Eli Silverman hk #2986
Eternon chk #2991
John Eterno expert fee

$188.30
$3,000.00
$3,000,00
$1,950.00
$1,800.00
$1,800.00

55 Paragraph 33 (c) of the Affirmation of Nathaniel B. Smith in Support of Plaintiff’s Application
for Attorney’s Fee and Costs (“Smith Affirmation”) state that Dr. Halpren-Ruder’s invoices total
$8,922.70. In fact, the invoices total $8,410.35.
56 Paragraph 33 (d) and (e) of the Smith Affirmation states that $7,200 in expert fees were paid
to Professor Eterno and $7,350 were paid to Professor Silverman. The expenses listed on Exhibit
I to Plaintiff’s Fee Motion total $16,538. ASI notes that the payments to Professor Eterno on
August 23, 2014 and the payments to Professor Silverman on August 30, 2014 appear to be
duplicate expenses.
110

9/30/2014
9/30/2014

Eli Silverman: chk #2994
Eli Silverman expert fee

$2,400.00
$2,400.00
$16,538.30

Travel Expenses
The Smith Group is requesting reimbursement for $6,971.62 for travel
expenses. The only back-up documentation for travel expenses were three (3)
invoices for the Parke Slope Inn, which all appear to be invoices for Mr.
Schoolcraft’s visits to New York.57 One invoice is for $716.21 for the time period
July 1, 2014 through July 4, 2014, another is for $1,193.68 for the time period
December 19, 2013 through December 24, 2013. In ASI’s opinion it is not
appropriate to ask the City to reimburse Mr. Schoolcraft’s expenses.
No other back-up documentation was provided. In ASI’s opinion, until such
documentation is provided and the expenses determined to be reasonable, these
expenses should not be the City’s obligation.
Conclusion Regarding Reasonable Expenses
In ASI’s opinion, the reasonable expenses for the Smith Group equal
$55,779.84.
The Norinsberg Group
Norinsberg
Norinsberg is requesting reimbursement of $10,021.85 in expenses
without providing any back-up documentation in connection with such expenses.
ASI notes that this is in addition to the $4,630.45 that the Gleason Group is
claiming as having been paid to Norinsberg.
ASI notes that Norinsberg is seeking compensation for the following
expenses, which in ASI’s opinion are clearly not reimbursable:
Mr. Schoolcraft’s Expenses
7/6/2010
7/7/2010
1/6/2012
3/14/2012
8/9/2012

Western Union for Schoolcraft (travel NYC)
Hamptons Inns (NY)
Cosmopolitan Hotel
Western Union for Schoolcraft (travel NYC)
Hotel Albany (room for plaintiff/rental of conference room)

$212.00
$300.70
$208.91
$329.00
$764.56
$1815.17

57 The Smith Group is not seeking reimbursement for one of the invoices in the amount of
$1,984.42.
111

Travel Expenses for Yeudeka Cepeda
7/6/2010

Yeudeka Cepeda (cash advance for travel to NYC)

$300.00

Office Supplies
9/14/2010
9/20/2010
9/27/2010
10/22/2010
10/25/2010
8/15/2011

J&R Music World (3 250 gb Hard drives and case)
J&R Music World (1tb gb Hard Drive)
Staples (8gb USB Flash Drive)
Staples
Staples (8gb USB Flash Drive)
Staples (4gb USB Flash Drive)

$232.95
$72.48
$33.76
$38.10
$21.76
$54.38
$453.43

Website
10/4/2010
10/15/2010
11/4/2010
11/4/2010

Off the Page Creations www.schoolcraftjustice. com
Off the Page Creations www.schoolcraftjustice. com
Off the Page Creations www.schoolcraftjustice. com
Off the Page Creations www.schoolcraftjustice. com

$110.00
$60.00
$581.40
$570.00
$1321.40

In ASI’s opinion, until documentation is provided for all of Norinsberg’s
expenses and the expenses are determined to be reasonable, these expenses
should not be the City’s obligation.
Cohen
Cohen is requesting reimbursement of $3,800.00 in expenses, without
providing any itemization or back-up documentation. In ASI’s opinion, until
documentation is provided for all of Cohen’s expenses and the expenses are
determined to be reasonable, these expenses should not be the City’s obligation.
Conclusion Regarding Reasonable Expenses
In ASI’s opinion, it is not reasonable to ask the City to reimburse any of
the Norinsberg Group’s expenses.
The Gleason Group
Gilbert
Gilbert is requesting reimbursement of $4,630.45 in expenses, the amount
which he paid to Norinsberg “in order to secure the release of plaintiff’s litigation
file from the outgoing attorney.”58 No itemization or back-up documentation was
58 Gilbert Affirmation, Paragraph 6.
112

provided. Accordingly, in ASI’s opinion, until such documentation is provided and
the expenses determined to be reasonable, these expenses should not be the
City’s obligation.
Gleason
Gleason is requesting reimbursement of $11,066.25 for expenses, without
providing itemization or back-up documentation for $4,088.00 in expenses.
Accordingly, in ASI’s opinion, until documentation is provided for the $4,088.00
and such expenses are determined to be reasonable, these expenses should not
be the City’s obligation. In addition, the gifts for Mr. Schoolcraft totaling
$3,397.0059 should not be the responsibility of the City.
Conclusion Regarding Reasonable Expenses
In ASI’s opinion, the reasonable expenses for the Gleason Group equal
$3,581.25.

59 Gleason is requesting reimbursement of $638 for purchasing business attire for Mr.
Schoolcraft and $2,759 for providing “AS with Apple laptop, printer/scanner and two iPhones. Set
up Verizon cell phone service for two iPhones for 12 month contract at $144.97 per line per
month.” Docket No. 564-8, at 7, 13;

113

EXHIBIT 1
Judith A. Bronsther
Education:
New York University School of Law, J.D. 1979
University of Rochester, BA., magna cum laude, 1976
Work Experience:
1992-Present

President of Accountability Services Inc.

Accountability Services is a legal cost control specialist that has performed legal
audit and consulting services to "Fortune 500" companies, international
organizations, governmental institutions as well as individuals.
1989-1992

Attorney at Kaye Scholer Fierman Hayes & Handler

1984-1989

Executive Vice President of Empire Securities

1979-1983

Attorney at Finley, Kumble, Wagner, Heine, Manley &
Underberg

Publications:
“Ten Ways to Effectively Manage Outside Counsel Spending”
Hg.org, 2014
”In-House Counsel Seek Fee Accountability”
Ohio Lawyers Weekly, September 3, 2001
“Watching the Clock”
Los Angeles Daily Journal, May 4, 1999
“Determining the Most Cost-Effective Legal Service Providers”
U.S. Business Litigation , January 1997
“Alternative Billing Methods: Proceed With Caution”
The Revolutionizing Litigation Management Report, May 1995
“Take the Lead in the Management of Your Outside Counsel...Implement
and Monitor a Billing and Case Management Policy”
Revolutionizing Litigation Management Report, March 1995

Resume of Judith Bronsther
“Law Firms Won’t Reduce Bills Without Pressure From You... Audits Aren’t A
Cure All“
Corporate Legal Times, April 1993
Speaking Engagements:
“The Ethical and Practical Implications of Legal Billing”
Sponsor: Clecenter.com
“Thinking and Acting Like a Seller of Legal Services”
March 2000 (Overlooking, Boston)
Sponsor: Partners in Professional Development, Inc.
“Developing the Trial Budget-Proven Techniques for Controlling Costs”
September 1999 (New York, NY)
Sponsor: Fulcrum Information Services
“Legal Fees in Indiana: The Legal, Ethical and Practical Issues”
November 1998 (Indianapolis, IN)
Sponsor: National Business Institute
“Making Your Lawyers Accountable: How Internal Auditors Can Manage
Legal Costs for Value and Efficiency”
November 1998 (Philadelphia, PA)
Sponsor: MIS Training Institute
“Tools and Techniques to Manage the Caseload and Minimize Costs”
March 1997 (New York, NY)
Sponsor: Practicing Law Institute-Civil Litigation Institute
“The Customer is Always Right... Surviving the Legal Audit”
November 1996 (Washington, DC)
Sponsor: The Law Firm Governance Institute
“Auditing Your Legal Fees- A Useful Hammer in the Law Management
Toolbox”
June 1996 (Stamford, CT)
Sponsor: Westchester Bar Association
“Cost-Effectively Managing Your Outside Counsel”
December 1995 (Washington, DC)
Sponsor: The National Forum for Women Corporate Counsel

Resume of Judith Bronsther
“For Services Rendered: Thinking and Acting Like a Seller of Legal
Services When Compiling Your Client’s Bills”
November 1995 (New York, NY)
Sponsor: Law Firm Profitability Forum
“Budgets and Billing”
November 1995 (Washington DC)
Sponsor: National Association of Attorneys General
“Managing Your Outside Counsel”
September 1995 (New York, NY)
Sponsor: Greater New York Hospital Association
“The Customer is Always Right-Surviving the Audit”
May 1995 (Chicago, IL)
Sponsor: Defense Research Institute
“Legal Practice-How to Maximize the Inside-Outside Counsel Relationship
to Optimize Cost Effective Legal Representation”
September 1994 (Hershey, PA)
Sponsor: Pennsylvania Bankers Association
“Bold Initiatives or Micro Management With Your Outside Counsel”
March 1994 (Chicago, IL)
Sponsor: Corporate Counsel Institute
Expert Testimony (Written and Oral):
Communities for Equity, et al. v. Michigan High School Athletic
Association
United States District Court for the Western District of Michigan
Case No: 1:98-CV-479
Allison Palmer v. Colin Powell; Marguerite Cooper v. Condoleza Rice
United States District Court for the District of Columbia Civil Action No. 761439 (HHK/JMF); Civil Action No 77-2006 (HHK/JMK)
Symbol Technologies, Inc. v. Intersil Corporation and Choice-Intersil
Microsystems
Supreme Court of the State of New York
County of Suffolk
Commercial Division
Index No. 03-18971

Resume of Judith Bronsther
Alan W Alexander et al. v. State of Texas dba Department of Public Safety
District Court of Travis County, Texas 200th District
(Statistics submitted to Leonard Bucklin, Esq.)
NOOB LP et al. v. Corporate Realty Corp et. al.
District of Harris County 190th District
(Statistics submitted to Leonard Bucklin, Esq.)
In the Matter of Walton Construction Co, and FGI Glass
(Privately Administered Arbitration in Missouri)
HMC Capital Resources LLC v. Seas Inc d/b/a Flower World
Civil Court of the City of New York
County of New York: Part 65
Index No.: L&T 60119/05
Allen, Dryer, Doppelt, Milbrath & Gilchrist, P.A., v. Smartweb
Technology Inc. et. al.
Ninth Judicial Circuit in and for Orange County, Florida
Civil Division: 35
Case No.: 06-CA-2485
Greenbaum Rowe Smith & Davis v. Bassily, et al
Superior Court Law Division Middlesex County
Docket No.:MID-L-4621-07
Collier, Halpern, Newberg, Nolleti & Block v. Andrew Carothers et al.
Supreme Court of the State of New York
County of Westchester
Index No.: 25754/07
Allegaert Berger & Vogel LLP v. Jane A. Halbritter
Supreme Court of the State of New York
County of New York
Index No.: 102292/09
Port Authority Police Asian Jade Society of New York
& New Jersey et al. vs. The Port Authority of New York
& New Jersey
United States District Court
Southern District of New York
05 CV 3838 (MGC)

Resume of Judith Bronsther
Lipper & Company, L.P. et al. v. Richard Williamson, as Successor
Liquidating TTEE of Lipper Convertibles
FINRA Dispute Resolution Arbitration No. 07-03139
Prospect Capital Corporation, et. al. v Michael Enmon
United States District Court
Southern District of New York
08 Civ. 03721 (LBS)
Kaygreen Realty Co. v IG Second Generation Partners, L.P. and I BLDG
CO, INC
Supreme Court of the State of New York
County of Queens: Civil Term: Part 17
(Index No.13633-03)
Tenore vs. Tenore
Supreme Court, County of Rockland
State of New York
(Index No. 4324/2005)
Guillermo Rueles, Oscar Miranda, Alejandro Espinoza et. al. vs. The State
of California
Superior Court of the State of California
County of San Bernardino
Case No. RCV 083017
Case No. RCV 085421
Tennessee Gas Pipeline Company vs. Delta Gulf Corporation et.al.
In the 215th Judicial District Court
Harris County, Texas
Case No. 2009-55773
Carlos Castro vs. Cal Terhune, et al
United States District Court
Northern District of California
NO. C 98-04877 WHA
R. Parke Collins II. vs. Varnum LLP
American Arbitration Association
Grand Rapids Michigan
File No. 54 51600024 11

Resume of Judith Bronsther
NL Industries, Inc. vs. OneBeacon America Insurance Company
Supreme Court of the State of New York
County of New York
(Index No. 108881/09)
CDS Holdings I, Inc. vs. Shutts & Bowen, L.L.P.
Circuit Court of the 11th Judicial Circuit
Miami-Dade County, Florida
Case No. 08-38518 (Ca-09)
Osram GmbH, Osram Opto Semiconductors GmbH, Osram Sylvania Inc.,
and Osram Opto Semiconductors Inc. vs. Samsung Electronics Co., Ltd
and LG Electronics Inc.
(Arbitration before U.S. International Trade Commission)
American Infoage, LLC and Sago Networks, LLC vs. Regions Bank.
U.S. District Court Middle District of Florida (Tampa)
CASE #: 8:13cv01533SDMJSS.
Craig Arthur Humphries et al. v. County of Los Angeles, et al.
The United States District Court for the Central District of California Santa
Ana Division
Case No SA CV 03-0697-JVS (MANx)
Ambac Assurance Corporation v Adelanto Public Utility Authority
United States District Court Southern District of New York
Civil Action No. 09-cv-05087 (JFK)
Professional Admissions and Memberships:
New York Bar March 1980

EXHIBIT 2
Allocation Methodology
A. Methodology for Addressing Issues Raised By the Billing Entries
1. Coding Structure
In order to determine the time and fees associated with a particular matter
and specific tasks and projects performed in connection with the matter, ASI
reviews the Invoices and creates a three-tier coding structure tailored to the
matters underlying the Invoices. The three tiers are as follows:
a. Categories
A specific code is assigned to each major aspect of a matter, e.g., Case
Assessment, Pleadings, Discovery, Deposition, Trial.
b. Subcategories
To further refine the division of time and fees within each category,
subcategory codes are assigned to individual witnesses or deponents, to specific
research topics or other key issues or projects mentioned in the billing
descriptions contained in the Invoices.
c. Tasks
Each entry is also assigned a particular task code, representing the
activity in which the timekeeper engaged, e.g. document review (RV), drafting
(DR), internal meeting or conference (IM). However, if there are multiple tasks
dealing with the same category, the individual tasks are not broken out, but
would be coded as a blocked entry.
d. Coding Procedure
Each time entry for each timekeeper is then assigned a code from each of
these three tiers. For example, the following billing entry would be coded as
shown below:
Prepare for Parker Deposition
CATEGORY
DE (Deposition)

SUBCATEGORY
PAR (Parker)

TASK
PR (Prepare)

2. Coding for Vague Entries
If the nature of the work (at any tier of coding) could not be determined
from the entry or from the context, the entry would be coded as “Unknown” for
that tier.
An entry stating “ meet with client ” would be coded: UN/UN/CC
However, if the above entry appeared at a point in time or in a context that
clearly indicated the issue in question, the pertinent category and/or subcategory
code would be assigned.
3. Coding for Miscellaneous Items
If an entry contained a description suggesting that a number of calls or
conferences were held on a given day covering a variety of topics, none of which
consumed much time, such calls or conferences would be given a miscellaneous
code.
For example, the following entry would be coded as shown below:
“ s poke to client re: scheduling, status, key depositions:
CATEGORY
DE (Deposition)
hrs.

SUBCATEGORY
MISC (Miscellaneous)

.3 hrs. ”

TASK
CC(Client Communication ) .3

4. Time Allocations for Multi-Task Entries Dealing with
Different Categories
If timekeeper’s daily activities lump together multiple tasks into one block
of time (typically referred to as “block billing”), ASI allocates the time for multitask billing entries equally among the individual tasks. However, if a review of
surrounding time entries or corresponding entries of other timekeepers indicated
a greater or lesser time commitment to the activity, e.g. reference to a team
meeting might result in a larger allocation of time where the co-conferee’s
records provided evidence of a more precise time allocation.

EXHIBIT 3
Norinsberg
Group
06/06/10

JLN

08/20/10

JLN

08/23/10
08/30/10

GMC
NB

08/30/10
08/30/10
09/01/10
09/01/10

NB
NB
GMC
JPF

09/07/10
09/07/10
09/07/10

GMC
GMC
JLN

09/07/10

JLN

09/07/10

JLN

09/07/10
09/07/10
09/16/10

JLN
JPF
JPF

09/16/10

NB

09/23/10
09/30/10
09/30/10
09/30/10

JLN
GMC
JLN
JLN

09/30/10
10/06/10

JPF
JLN

10/06/10
10/12/10
10/12/10
10/12/10

JPF
GMC
JLN
JLN

10/12/10

JLN

10/12/10
10/12/10
10/12/10
10/12/10
10/13/10

JPF
JPF
JPF
NB
JLN

10/13/10

JLN

Discussions with Joshua Fitch ("JF") re Schoolcraft
case
Interviewed Marc Johnson, Ph.D., re: possible use as
expert for psych claims
Phone call with Isakoff Attorney - Brian Lee
Filed Affidavit of Service as to Jamaica Hospital
Medical Center
Filed Affidavit of Service as to Lillian Aldana-Bernier
Filed Affidavit of Service as to lsak lsakov
Review of DC extension letter
Correspondence from Donna Canfield re extension of
time to response
Review of JHMC corporate disclosure
Review of JHMC Answer
Reviewed defendants answer to complaint filed by
Jamaica Hospital Medical Center
Reviewed defendant JHMC's corporate disclosure
statement
Reviewed Aff of Service by defendants Jamaica
Hospital Medical Center.
Reviewed Defendant Isakov's answer to complaint
Review of Answer to Complaint from Jamaica Hosp.
E-mail from other hospital defendant re Amended
Complaint
Reviewed AS hospital records to locate discharge
summary; sent JLN snme
Reviewed insurance coverage for Def. Isakov
Review of Bernier answer
Reviewed Bernier's corporate disclosure statement
Reviewed answer to complaint filed by Lillian AldanaBernier
Review of Answer to Complaint by Bernier
Reviewed answer to amended complaint filed by
Jamaica Hospital
Review of Answer to Complaint by Jamaica
Review of JHMC motion to dismiss
Discussion with JF re motion to Dismiss sched.
Reviewed Declaration of Gregory J. Radomisli in
Supportof defendant JHMC motion to Dismiss
Reviewed memo of law in Support of defendants JHMC
motion to Dismiss; ; took notes re: same; researched
case law cited
Discussion with JN re Motion to Dismiss schedule
Review of JHMC Dec. for motion to dismiss
Review of Motion to Dismiss by Jamaica Hosp.
Printed JHMC MTD for JLN: bound same
Discussion with JF re agreement on briefing sched. w/
defendant Jamaica Hosp.
Discussion with JF re: arguments to make in response
to JHMC motion

0.80
0.60
0.80
0.10
0.10
0.10
0.10
0.25
0.10
0.30
0.10
0.10
0.10
0.30
0.75
0.25
0.20
0.10
0.30
0.10
0.50
0.80
0.10
0.90
0.75
0.30
0.30
2.80
0.30
0.50
1.50
0.15
0.10
1.25

10/13/10

JPF

10/13/10

JPF

10/15/10
10/15/10

GMC
JLN

10/18/10

GMC

10/18/10
10/27/10
10/27/10
10/27/10

JPF
GMC
JPF
NB

11/04/10

GMC

11/04/10

JPF

11/08/10

GMC

11/08/10

GMC

11/08/10
11/08/10

JLN
JLN

11/08/10

JLN

11/08/10
11/08/10
11/08/10
11/09/10
11/09/10

JPF
JPF
JPF
JLN
JLN

11/10/10

JPF

11/11/10
11/11/10
11/11/10

GMC
GMC
JLN

11/11/10
11/11/10

JLN
JLN

11/11/10
11/11/10
11/11/10

JPF
JPF
JPF

11/11/10

JPF

11/12/10

GMC

11/12/10

JLN

11/12/10

JPF

Discussion with JN re agreement on briefing sched. w/
defendant Jamaica Hosp
Discussion with JN re: arguments to make in response
to JHMC motion
Review of order setting deadlines for Motion to Dismiss
Reviewed order re: defendant JHMC's motion to
Dismiss
Review of letter requesting additional time to respond
to Motion to Dismiss
Review of letter to court re briefing sched.
Review of Isakov Answer to Amended complaint
Review of Answer to Amended Complaint Isacov
Filed Affidavit of Service as to defendant Jamaica
Hospital Medical Center
Review of letter and stipulation re: extension of time to
Answer Amended Complaint
Review of letter re Bernier's extension to answer
Amended Complaint
Review of letter requesting additional time to oppose
motion to dismiss
Review of Document Demands and Interrogatories filed
by Isakov
Read 1st Set of Rogs for plaintiff sent by Isakov
Reviewed defendant Isakov's dep notice for plaintiff
Adrian Schoolcraft
Reviewed Defendant Isakov's request for Production of
Documents
Review of letter to Sweet extending motion time
Review of Doc Demands/Interrogatories by Isacov
Research on involuntary confinement & state action
Reviewed Dep notice for plaintiff from B. Lee
Drafted letter to Judge Sweet requesting extension
JHMC's motion to dismiss
Research on hospitaf confinement constituting state
action under any of the three tests
Review of amended answer from Bernier
Review of discovery demands from Bernier
Reviewed defendant Bernier's answer to Second
amended complaint
Reviewed defendant Bernier's 1st Set of Interrogatories
Reviewed defendant Isakov's corporate disclosure
statement
Review of Answer to Amended Complaint Bernier
Review of Interrogatoiies & Demands Bernier
Research on traditional function state action test
"hospital used as jail"
Research on state action standard for private parties joint action test
Meeting with JN and JF re: issues on our motion
opposition and about information provided by JW
anonymous cop
Meeting with JF and GC re: issues on our opposition
and GC's meeting with JW anonymous cop
Meeting with JN and GC re: issues on our motion

0.10
1.25
0.10
0.10
0.25
0.25
0.25
0.60
0.10
0.25
0.10
0.25
0.50
0.10
0.10
0.10
0.10
0.80
3.60
0.10
0.30
4.25
0.25
0.40
0.10
0.10
0.10
0.50
0.80
2.75
3.75
1.00
0.30
1.00

11/15/10
11/18/10
11/18/10

JPF
JPF
JPF

11/18/10
11/19/10
11/19/10

JPF
JPF
JPF

11/20/10
11/20/10

JPF
JPF

11/20/10

JPF

11/21/10
11/21/10

JPF
JPF

11/21/10

JPF

11/22/10
11/23/10
11/24/10
11/26/10
12/01/10
12/02/10
12/03/10
12/03/10
12/04/10
12/04/10
12/04/10
12/05/10
12/05/10
12/05/10
12/06/10

JPF
JPF
JPF
JPF
JPF
JPF
JPF
JPF
JPF
JPF
JPF
JLN
JPF
JPF
GMC

12/06/10
12/06/10

GMC
GMC

12/06/10
12/06/10
12/06/10
12/06/10
12/07/10
12/07/10
12/08/10
12/08/10

JLN
JPF
JPF
JPF
JPF
JPF
GMC
JPF

12/09/10

JPF

12/09/10

NB

12/10/10

NB

12/17/10

JPF

opposition and GC's meeting with JW anonymous cop
Research on close nexus test and private parties
Draft of prelim statement in opp to Motion to Dimiss
Research on joint action w/ private parties and police in
the context of false arrest claims
Draft of argument
Draft argument
Research on joint action w/ private parties and police in
the context of false arrest claims
Draft of Argument
Research on joint action where state coerces private
action
Research on state action - use of private facilities to
imprison
Research on joint action
Research on hospital state action where EDPs are
involved
Research on joint action where state coerces private
action
Draft of Argument
Draft of Argument
Draft of Argument
Draft of Argument
Draft factual section of opp
Review of Memo of Law argument
Review of argument
Draft of argument
Draft section on supplement jurisdiction
Draft of argument
Review and edit argument for brief
Reviewed JF's draft Opp to MTD; made edits to same
Review of argument
Edit and Incorporate changes on argument
Drafted letter response to premature discovery
demands for Bernier and Isakov
Discussion with JF & JN re final corrections
Revise and review opposition to JHMC motion to
dismiss
Discussion with GC & JF re final corrections
Discussion with GC & JN re final corrections
Review and edit brief
Review and edit argument
File final brief
Final review & edit of brief
Email correspondence from Lee re: Docket sheet
E-mail from Hospital defendants re docketing error on
ECF
E-mail from B. Lee defendants re late responses to
interrogatories
Drafted letter to all counsel enclosing, opposition to
MTD
Prevared AS authorizaitons for Jamaica Hospital and
sent same to all counsel
E-mail to AS with opp to Jamaica's motion

3.25
0.80
4.10
4.90
3.40
3.90
2.25
3.40
4.10
1.90
3.10
3.80
4.75
5.60
3.80
4.40
1.75
3.10
1.25
4.75
1.25
3.90
4.40
0.70
3.10
5.25
0.40
0.80
1.25
0.80
0.80
1.75
4.80
0.25
1.30
0.10
0.10
0.10
0.25
0.70
0.10

01/20/11

GMC

01/20/11

GMC

01/20/11

JLN

01/20/11

JLN

01/20/11

JPF

01/20/11
01/25/11

JPF
JPF

01/25/11

JPF

01/25/11
01/26/11

JPF
GMC

01/26/11

GMC

01/26/11
01/26/11
01/26/11
01/26/11

GMC
GMC
JLN
JPF

01/26/11

JPF

01/26/11
01/26/11
01/26/11
02/09/11

JPF
JPF
JPF
NB

02/10/11
02/11/11
02/11/11
02/12/11

GMC
JLN
JLN
JLN

02/12/11

JPF

02/13/11
02/13/11
03/08/11
05/06/11

JLN
JPF
JPF
GMC

05/06/11

GMC

05/06/11

JLN

05/06/11

JLN

05/06/11
05/06/11

JPF
JPF

Meeting with JN, JF to discuss JHMC's reply memo of
law
Review of JHMC reply memo in support of motion to
dismiss
Reviewed Defendant JHMC's reply memo of law in
Supportof their motion to Dismiss; additional research
regardng issues raised in same
Meeting with GC, JF to discuss JHMC's reply memo of
law
Meeting with JN, GC to discuss JHMC's reply memo of
law
Review of defendants' reply memo of law
Email from GC re statements from Jamaica Hospital to
Village Voice
Email Response to GC re statements from Jamaica
Hospital to Village Voice
Prep for oral argument on JHMC motion
Travel from SDNY for appearance for motion to dismiss
in Schoolcraft (.5)
Travel to SDNY for appearance for motion to dismiss in
Schoolcraft (.5)
Discussion with JF & JN re oral arguments
Appearance for motion to dismiss in Schoolcraft
Discussion with GC & JF re oral arguments on MTP
Travel from SDNY for appearance for motion to dismiss
in Schoolcraft (.5)
Travel to SDNY for appearance for motion to dismiss in
Schoolcraft (.5)
Discussion with GC & JN re oral arguments
Appearance for motion to dismiss in Schoolcraft
Prep for oral argument
Formatted Ltr. Opposing Defendants' Request Stay
pending MTD; made multiple edits and filed same with
Court
Review of JHMC motion to stay discovery
Reviewed JHMC request for stay while MTD is pending
Researched issue of stay while MTD is pending
Discussion with JF re; motion to stay and arguments in
opposition
Discussion with JN re; motion to stay and arguments in
opposition
Drafted letter brief opposing stay
Review and Edit letter brief opposing stay
Email from GC re medical defendants' article
Email correspondence w/JN and JF re: motion to
dismiss decision
Review of Judge Sweet's opinion re: JHMC motion to
dismiss
E-mail exchange w/ GC and JF re: motion to dismiss
decision
Read Judge Sweet's decision on defendants' MTD;
notes re: same
E-mail from GC on Cts decision on motion
Read & review the decision & order written disposing of

0.40
0.50
0.30
0.40
0.40
0.60
0.10
0.10
1.25
0.25
0.25
0.60
1.00
0.60
0.25
0.25
0.60
1.00
2.30
0.60
0.25
0.10
2.40
0.90
0.90
3.20
2.25
0.10
0.25
0.60
0.20
0.30
0.10
0.60

05/06/11

NB

05/09/11
05/10/11
05/21/11

JLN
NB
JLN

05/22/11

JLN

05/22/11
05/23/11

JLN
JLN

05/23/11
05/23/11
05/23/11

JLN
JLN
JLN

05/23/11

JPF

05/24/11

JLN

05/24/11

NB

05/25/11
05/25/11

JLN
NB

06/01/11
06/03/11
06/11/11

JLN
JLN
JLN

06/17/11
06/23/11

JLN
GMC

06/23/11
06/23/11
06/23/11

GMC
JLN
JLN

06/23/11

JLN

06/23/11
06/23/11

JLN
JPF

06/23/11
06/23/11
06/23/11
06/24/11
06/27/11

JPF
JPF
JPF
JLN
GMC

06/30/11

JLN

07/01/11

JLN

the motion to dismiss
Printed Judge Sweet's decision on defendants' MTD for
JLN review
Drafted 1st Set of Rogs to Isakov
E-mailed JLN Opinion of Judge Sweet
Started drafting 1st Set of Document Demands for
JHMC
Started drafting Schoolcraft document demands for
other defendants
Finished 1st Set of Doc Demands Jamaica
E-mail correspondence w/Brian Lee re: dep notices for
Caughey & Weiss
Reviewed Notice of Deps for Isakov/Bemier
Drafted lst Set of Rogs for JHMC
Continued drafting Schoolcraft discovery demands and
interrogatories against medical defendants
Review and Edit discovery demands and rogs against
all defendants
Finished drafting discovery demands/rogs for med
defendants
Formatted final draft of discovery demands/ Rogs for
JHMC; copied same for courtesy copy to all parties;
prepared letter enclosing said documents; sent to all
parties via regular mail
Drafted NoT/ce of Inspection for JHMC
Formatted final draft of Deposition JHMC Defendants;
copied same for courtesy copy to all parties; preared
letter enclosing said documents; sent to all parties via
regular mail
Reviewed initial disclosure from JHMC
Reviewed JHMC's Initial Disclosures
Ltr from B. Lee re: discovery responses and order of
priority
Reviewed Isakov response to Rogs
Discussion with JF & JN re responses & requests from
lsacov
Review of Isakov response to Discovery Demands
Review of requests for discovery from Isakov
Discussion with GC & JF re responses & requests from
Isakov
Review of response to doc demands by Isakov; notes
re: same
Review of answers to interrogatories by Isakov
Discussion with GC & JN re responses & requests from
Isacov
Review of requests for discovery from Isacov
Review of response to doc demands Isacov
Review of answers to interrogatories by Isacov
Reviewed Def. Isakov's 2nd Request for Docs
Discussion with JN and JF re City's failure to response
to discovery requests
Reviewed Brian Lee's Proposed Discovery Plan in
advance of mtg later today; notes re: same
E-mail from B.Brady re: need to modify plan re: setting

0.20
2.10
0.10
2.30
1.70
2.90
0.10
0.10
2.30
3.60
2.40
3.70
1.70

2.30
0.50

0.10
0.10
0.10
0.10
0.60
0.60
0.30
0.60
0.70
0.90
0.60
0.75
1.00
1.40
0.10
0.30
0.20
0.10

07/01/11

JLN

07/17/11
07/18/11
07/18/11
07/25/11

JLN
GMC
JLN
GMC

08/05/11

JLN

08/08/11

GMC

08/08/11
08/09/11
08/10/11
08/10/11

NB
GMC
GMC
JLN

08/11/11
08/11/11
08/11/11
08/14/11

GMC
JLN
JPF
GMC

08/14/11

JLN

08/15/11
08/15/11

JLN
JLN

08/15/11

JPF

08/17/11
08/17/11

GMC
JPF

08/26/11
08/30/11

JLN
GMC

09/26/11

JLN

10/05/11
11/01/11
11/29/11
11/29/11

JLN
JLN
GMC
JLN

12/13/11

JLN

01/05/12
01/10/12

GMC
JPF

01/10/12
01/11/12

JPF
NB

02/07/12

GMC

deps only after receipt of records from City
Reviewed Brian Lee's Proposed Discovery Plan as
agreed upon at yesterday's conference.
Reviewed Isakov response to Document Demands
Review of changes to discovery plan made by Lee
Review of changes to discovery plan made by B. Lee
Review of email from Brian Lee re: Discovery plan
dispute
Reviewed JHMC guidelines re: Involuntary
commitment, Psych ER guidelines and use of
handcuffs
Review and revised responses to Bernier Discovery
demands
Downloaded and printed research received from JLN
Drafted responses to JHMC discovery demands
Review of JN comments to JHMC responses
Review of GC comments to JHMC discovery
responses
Review of Isakov demands
Review of responses to Isakov discovery demands
Review of responses to Isacov discovery demands
Drafted responses to all discovery demands for
medical defendants and emailed to JN for his review
Review GC's draft responses to all discovery demands
for medical defendants
Reviewed Rule 26 (a) Discovery plan filed by Isakov
Review of our responses to Bernier & Jamaica
discovery demands; edits/revisions
Review of responses to Bernier & Jamaica discovery
demands
Review of Brian Lee objections to protective order stip
Review of responses to requests & discovery demands
from hospital defendants
Read letter from B. Lee re: request for Suppl responses
Review of email correspondence from Brian Lee re:
protective order stip changes
T/c w JHMC def. counsel re: extending time for hospital
to respond and/or object to visiting JHMC and/or taking
pies.
Reviewed Rule 26 Discovery Plan filed by B. Lee
Reviewed Isakov 3rd request for docs
Review of email re: discovery from Brian Lee
E-mail from B. Lee re: upcoming discovery conference
and status of case
Drafted letter re: supplemental discovery responses for
med. Defendants
Review of letter from Bernier's attorneys
Correspondence mail from medical defendant Isacov re
plaintiff EBT
Email from JMH re outstanding discovery from plaintiff
Sent Callan kletter and AS authorization via regular
mail and e-mail
Review of email demanding authorizations from Brian
Lee

0.10
0.10
0.25
0.20
0.25
0.90
0.50
0.10
1.80
0.25
0.20
0.25
0.40
0.90
4.75
0.40
0.10
0.80
2.25
0.25
2.40
0.40
0.30
0.30
0.10
0.10
0.10
0.10
0.10
0.25
0.10
0.10
0.10
0.25

04/02/12
04/02/12
04/02/12
04/02/12
04/04/12

JLN
JLN
JPF
JPF
JLN

04/04/12
04/04/12
04/04/12
04/04/12
04/04/12
04/24/12

JPF
JPF
JPF
JPF
JPF
JPF

06/02/12
06/08/12

JLN
JPF

08/13/12
08/13/12
08/14/12
08/14/12
08/15/12
08/15/12
08/15/12
08/15/12
08/15/12
08/15/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/22/12
08/22/12

JLN
JPF
JLN
JPF
JLN
JLN
JLN
JPF
JPF
JPF
GMC
GMC
GMC
GMC
JLN
JLN
JPF
JPF
JPF
JPF
GMC
GMC

08/22/12

JLN

08/22/12
08/22/12

JPF
JPF

08/23/12
08/23/12
08/23/12
08/23/12
08/23/12
08/23/12
09/10/12
09/10/12
09/10/12
09/10/12

GMC
GMC
GMC
JPF
JPF
JPF
GMC
GMC
JPF
JPF

E-mail from Isakov consenting to amendment
E-mail from Bernier consenting to amendment
Email from Isacov consenting to amendment
Email from Bernier consenting to amendment
E-mail from JHMC regarding change in amended
language
Correspondence to JHMC re Amended Complaint
Email from JHMC re change in amended language
Email from JHMC
Email from JHMC
Email to JHMC
Email, to hospital defendants re amendment Gough
issue
Reviewed discovery demands from JHMC
Email from Lee re docs in response to subpoenas
outstanding
E-mail from Brian Lee regarding deposition
Email from Brian Lee re deposition
E-mail from Brady re deps
Email from Brady re deps
E-mail from B Brady re plaintiff's dep
E-mail from B. Lee re plaintiff's dep
E-mail from Brian Lee re subpoenaed docs
Email from B Brady re plaintiff's dep
Email from B: Lee re plaintiff's dep
Email from Brian Lee re subpoenaed docs
Email from Brady consenting to Amendment
Email from Lee consenting
Email from Brady re scheduling AS dep
Email from Lee re scheduling AS dep
E-mail from Brady consenting to Amendment
E-mail from Brady re scheduling AS dep
Email from Lee consenting
Email from Brady consenting to Amendment
Email from Brady re scheduling AS dep
Email from Lee re scheduling AS dep
Email from Lee re AS dep date
Meeting w/ JF & JN re Kretz's request to have an
additional day to depose plaintiff
Meeting w/ GC & JF re Kretz's request to have an
additional day to depose plaintiff
Email from Lee re AS dep datr
Meeting w/ GC & JN re Kretz's request to have an
additional day to depose plaintiff
Email from Brady re plaintiff's dep date
Email from Lee on plaintiff's dep dates
Email from Lee re second day for AS dep
Email from Brady re plaintiff's dep date
Email from Lee on plaintiff's dep dates
Email from Lee re second day for AS dep
Email response from Brady
Email response from Lee
Email response from Brady
Email response from Lee

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.25
0.20
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.40
0.40
0.10
0.40
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

09/24/12
09/26/12
09/26/12
09/26/12
09/26/12

JPF
GMC
JLN
JLN
JPF

09/26/12
10/18/12

JPF
GMC

10/18/12

JPF

10/19/12
10/19/12

JLN
JLN

10/19/12
10/22/12
11/02/12

JPF
JPF
GMC

11/02/12

JLN

01/28/15
01/28/15
01/28/15

JLN
JLN
JLN

01/29/15

JLN

01/29/15

JLN

01/30/15

JLN

02/02/15
02/11/15
02/11/15
02/11/15
02/11/15

JLN
GMC
JLN
JPF
JPF

02/12/15

JPF

02/13/15

GMC

02/13/15
02/13/15

JLN
JLN

02/13/15
02/19/15
03/04/15

JLN
NB
JLN

03/05/15
03/08/15

JPF
JLN

03/10/15

JPF

03/13/15

JLN

Response from B Lee
Brady email re: service of process
Brady E-mail re: service of process
Response from B Lee re: adj.
Response email from B Brady re service of amended
complaint
Response from B Lee
Review of email from B Lee asking that plaintiff
withdraw opp to extra day of dep for AS
Review of email from B Lee asking that plaintiff
withdraw opp to extra day of dep for AS
Read answer filed by Isak Isakov
Created chart summarizing differences b/w James &
Yeager accounts of events at JHMC Med. ER.
Review of Answer to Amended Complaint from Isacov
Review of Amended Complaint by Bernier
Review of case law sent by Lee re: medical defendants
liability
Review of case law sent by Lee re: medical defendants'
liability
Reviewed Mauriello's motion for SJ
Reviewed JHMC motion for SJ
Legal research re: JHMC arg. for exclusion of
emergency med. expert Dr. Halpren Ruder
Reviewed Isakov's motion for summary judgment;
notes on same
Reviewed Dr. Bernier's motion for summary judgment;
notes on same.
Reviewed Callan Declaration & Exhibits in Support of
Motion
Reviewed Dep. of Dr. Halpren Rudit
Review of summary judgment motions and exhibits
Reviewed JHMC memo in opp to SJ
Berniers counter 56.1 statement
Review of declarations from City, Berniers, Isacov, &
JHMC w/ accompanying exhibits
Review of 56.1 counter statements from JHMC, City,
Mauriello, & Isacov
Review of letter by Ryan Shaffer requesting more time
for reply and 2 week adjournment of trial
Reviewed JHMC Mem. of Law in opp to Pl. mot for SJ
Review of letter by Ryan Shaffer requesting more time
for reply and 2 week adjournment of trial
Reviewed Bernier Opp to PH. SJ motion
Read deposition transcript of Dhar; digested same
E-mail to Scott Korenbaun ("SK") regarding jury
charges, including 1 st amended complaint; subst. due
process, malpractice and MH 9.39
Research on prior litigiousness exclusion
Reviewed transcripts of Dr. Dhar and Dr. Lwin;
took notes re: same
Research on ultimate issue, bolstering w/ prior litigation
for Bernier
Review of proposed jury instructions from SK

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
1.70
0.75
0.60
0.40
0.40
0.60
0.80
1.60
0.50
0.60
1.60
0.60
2.50
0.30
0.80
1.40
2.30
0.10
0.30
0.10
0.50
0.60
0.20
3.10
1.90
3.25
0.50

03/19/15
03/19/15

JLN
JLN

03/24/15

JLN

03/29/15

JLN

03/29/15

JLN

04/02/15

GMC

04/03/15

GMC

04/03/15
04/06/15

JLN
GMC

04/06/15

GMC

04/06/15

JLN

04/06/15
04/07/15

JPF
JLN

04/08/15

JLN

04/14/15
04/14/15

GMC
JLN

04/14/15

JLN

06/05/15

NB

06/05/15
06/22/15

NB
GMC

06/22/15

JLN

06/22/15

JLN

06/24/15

JLN

07/13/15
07/13/15

GMC
JLN

07/13/15
08/07/15
08/07/15

JLN
GMC
JLN

E-mail exchange with GC regarding Jamaica
Started review of NYPD Psychological Evaluation
Section ("PES") file for AS; notes on same.
E-mail exchange with SK regarding issues requiring
special jury charges
Reviewed Dr. Halpren's Ruder's report; highlighted
same
Reviewed narrative reports of defense experts Dr.
Levy, Dr. Tancredi, Dr. Dolger, & Dr. Dowling; prepared
bullet point summary of key points from each report;
cross-referenced with plaintiff expert, Dr. Lubit's report.
Review of SK jury instructions along with email re:
same
Review of revised Scott Korenbaum ("SK") jury
instructions along with email re: same
Review of revised SK jury instructions
Review of revised SK jury instructions along with email
re: same
Phone call with NS & JN regarding exhibit list, verdict
sheet, important points for opening regarding Bernier
and Isakov and failure of med departments to speak
with IAB
T/c with NS & GC regarding exhibit list, verdict sheet,
important points for opening regarding Bernier and
Isakov and failure of med departments to speak with
lAB
Review of revised SK jury instructions
E-mail from JL re: Halpren's dep testimony re: his
daughter and need to add this to MIL
Continued adding sections to opening, focusing on
Mental Health Law & 9.39, as well as med mal claims
against hospital
Email correspondence with SK re: Jury instructions
Reviewed e-mails and attachments from SK regarding
latest versions of jury charges
T/c w/ SK regarding adjournment of trial and status of
jury charges
Read deposition transcript of Halpren-Ruder; digested
same
Read deposition transcript of Lubit; digested same
Review of email correspondence re: opposition to
reconsideration motions
E-mail from NS to defense counsel seeking an
additional week for opposition to reconsider
T/c w/ AS & LS re: case status, pending motion for
reconsideration & impact on case if we cannot call Dr.
Halpren as witness
Review of E-mail correspondence w SK re: motion
schedules
Review of JHMC to NS motion for recon
Read opposition brief to Plaintiff's motion for
Reconsideration filed by JHMC
Review of JHMC to NS motion for recon
Review of Bernier and Jsakov proposed JPTO sections
E-mail from NS re: Bernier & Isakov JPTO

0.10
2.10
0.20
0.30
4.20

0.30
0.25
0.20
0.25
1.00

1.00

0.90
0.10
1.30
0.10
0.20
0.20
0.80
1.10
0.25
0.10
0.90
0.10
0.30
0.10
0.30
0.50
0.10

08/13/15

JLN

1.40

Smith Group
08/23/13

Reviewed portion of opening outline regarding MHL
9.39 and Bernier decision to involuntary commit;
reviewed section relating to QAD; reviewed section
regarding harrassment upstate

NBS

1.50

09/27/13

NBS

03/29/13

NBS

03/30/13

NBS

03/31/13
04/09/13

NBS
NBS

06/06/13

NBS

06/07/13

JL

06/07/13

NBS

08/06/13
08/07/13

HS
JL

09/27/13

JL

10/16/13

NBS

10/18/13

NBS

10/27/13
10/28/13
10/28/13

NBS
HS
HS

10/28/13

NBS

10/29/13
10/29/13

HS
NBS

Meeting with Magdalena re legal research on state
action; telephone call with Jon Lenoir re: status.
Appearance for examination before trial of defendant
and prepare for same.
Review of discovery; review of letter re gag order;
telephone call to client; email team; call to Peter
Gleason; telephone G. Rayma.
Review of gag order cases (1.5); conference with team
(1.0).
Review of cases on gag order.
Continued review of discovery)(4.0); MHL on
emergency hospitalization; meeting with potential
expert re: medical malpractice issues (1.5); meeting
with John re: motion; telephone call to Walker re:
same.
Review of emails; review of proposed order; review of
notes on defendant's examination before trial; email cocounsel; prepare for meeting with experts.
Meeting with potential expert witnesses, Dr. Tom
Litwack, Dr. Eli Silverman and Dr. John Eterno;
introduction of Nat Smith to experts
Review of Queens D.A. files (20); meeting with John
Lenoir and potential experts on NYPD and
dangerousness (2.0); telephone client re: motion for
stay of NYPD
reviewed Jamaica Hospital's doc exchange
Meeting with trial illustrator (11am-1pm). Meeting with
potential expert witness, Dr. Tom Litwack - (3pm-5pm).
Co-counsel with Smith in representation of client at
deposition of client by defendant Mauriello and
Jamaica Hospital defendants - Callan, Koster, Brady &
Brennan, LLP - One Whitehall Street, 10th Floor New
York, NY 10004.
Prepare for court appearance; appear before Judge
Sweet on various motions (3.2); conference with trial
team; telephone call with Howard Suckle re: status and
medical defendant's examination before trial; email to
client.
Telephone conference with client; review of medical
documents responses; email opposing counsel re:
status of production.
Research on dangerous assessment.
performed research on video tape depositions
reviewed motion by medical deft re; video depo/6
emails
Telephone conference with client re: status; emails re:
schedule and video objections.
emails to team re: motion for video dep/ research
Preparation for examination before trial of Mauriello;
review of research on video use conference with 10-10.

9.00
7.50
2.50
3.50
6.50

1.80
2.50
4.50

1.50
3.50
9.00

4.50

1.80
3.00
2.50
3.50
0.80
1.00
5.80

11/13/13
02/18/14

HS
NBS

02/19/14

NBS

02/21/14
03/16/14

NBS
MB

04/02/14
04/03/14

MB
MB

04/07/14
04/13/14

JL
JL

04/13/14
04/15/14
04/18/14

NBS
JL
JL

04/18/14

NBS

04/23/14

NBS

04/24/14

NBS

04/27/14

JL

04/29/14

NBS

04/30/14

JL

04/30/14

NBS

05/01/14

JL

05/02/14

JL

Appeared for SDNY motion: re video depositions
Review of examination before trial for discovery letter;
emails reference defendant's examination before trial
and Norinsberg termination letter; request JHMC
provide and produce the two EMT's.
Telephone conference with co-counsel (HS) reference
medical case; state action; pro and sub due process;
review of emails reference discovery status; telephone
call to John Lenoir reference same.
Review of cited psychiatric journals.
Research and draft NYPD proposed jury instructions;
draft conspiracy and state action charges.
Research re: possible medical experts.
Memo to counsel re: possible medical expert Dr. Peter
Stastny, MD.
Review filings (ECF posts) and correspondence.
Meet possible Psychiatric expert Dr. Lubit; review case
and discuss Dr. Lubit's participation.
Prepare for and meet with potential expert (Roy Lubit).
Review ECF filing by JHC defendant.
Research on detention verdicts (.75), discussion and
planning re: settlement (1.00); telephone call with
defense counsel (.50). Tel conf with client and Smith
(.75)
Various telephone calls with John Lenoir; telephone
client; review of decisions on involuntary hospital and
damages.
Drafting opposition to Jamaica Hospital motion for
protective order; prepare for and attend examination
before trial of Bernier
Prepare for Sawyer examination before trial (3.0);
revise opposition to Jamaica Hospital protective order
motion.
Telephone conference with client re: settlement and
trial strategy re: medicall defendants and PTS.
Review of state motion cases; meeting with co-counsel;
call to client.
Schoolcraft hearing with Judge Sweet re: discovery
(.75); post hearing consultation with Smith and Henry
Steinglass re: trial strategy (2.75).
Appearance in court on JHMC motion for protective
order and Adrian's motion to strile Mauriello
counterclaims reference (2.2); prepare for same; lunch
meeting with team and colleague of John's re: case.
Conference with Smith re: prior counsel fees/expenses;
brief client on settlement issues; research re:
use/abuse of psychiatry for poitical intimidation and
retaliation.
Review and conf (all counsel) with re: deposition
schedules; review case law re: settlement (range of
awards of involuntary confinement, false arrest..).

1.25
3.80

2.50

2.50
5.88
6.50
5.53
1.50
2.75
4.50
0.50
3.00

3.50
8.50
3.50
1.50
2.50
3.50
3.80

1.75

1.75

05/08/14

NBS

05/11/14

JL

05/12/14

JL

05/29/14

MB

05/30/14

JL

05/30/14

NBS

06/11/14

JL

06/11/14

NBS

06/12/14

JL

06/12/14

NBS

06/26/14

JL

06/27/14

JL

06/28/14

NBS

06/29/14

JL

06/30/14

JL

07/06/14

NBS

07/07/14

JL

07/07/14

NBS

07/10/14

JL

07/18/14

JL

Prepare for conference; attend tc conference with
Magistrate Freeman re: settlement: hospital defendant
have no pay status and City willing to continue
discussions, email client re: status; revising letter to
Judge; review of opinion on Mauriello
counterclaim/motion to strike Plaintiff (0.5); research on
law enforcement privileged (1.0).
Consultation by telephone with Dr. Halpern-Ruder re:
EMT and ER procedures as potential expert witness;
review correspondence with client.
Preparation/conduct w/Smith EBT of Sgt Shantel
James; EBT Sgt James 10am-3:30pm; review of EBT;
follow up with Dr. Halpern-Ruder; EMT/ER expert.
Draft summary of Weiss deposition send to counsel;
prepare for JHMC 30(b)6 depositions on policy; review
Beiner's depo transcript; draft questions.
Review w/co-counsel EBT Jamaica Hospital 30(b)(6);
Skype conference with client (:30).
Prepare for and take examination before trial of
Jamaica Hospital (Maffia)
(with Smith) Prepare and meet with Dr. Dan HalpernRuder in Providence RI re proposed EMT and ER
expert.
Travel to Rhode Island and meet with Dr. Dan re: ER
expert.
Return drive POV (Lenoir's) to 111 Broadway NYC
from Providence, RI for meeting with Dr. Dan Halpern
proposed EMT and ER expert.
Continue meeting with Dr. Dan re: ER expert; review
parts of PX69 and home invasion recording with expert;
revised and drafted discovery demand; travel back to
New York.
Telephone conference with client, co-counsel and
psychiatric expert re: meeting with client; call with cocounsel re: examination before
trial scheduling.
Meeting (telephone conference) with client; co-counsel
and expert re: evaluation by psychiatric expert.
Review of Mauriello examination before trial; review of
Lubit affirmation in Monaco.
Telephone conference with client; co-counsel and
expert (Lubit) re: scheduling of evaluation meeting.
Meeting with client (2.00); arrange meeting with
psychiatric expert (2.00); conference with Dr. Lubit; call
with client re: evaluation (1.25).
Prepare for Jamaica Hospital ebt (Dhar) on policy
issue.
Prepare for and attend deposition as co-counsel; and
review; 30(b)(6) witness to testify about JHMC's policy
on involuntary hospitalization.
Take and prepare for Jamaica Hospital examination
before trial.
Consultation and negotiation with psych and law
enforcement experts; revise retainer agreements.
Prepare, do, and review telephone call with MD expert;

4.50

2.00
7.00
6.70
1.50
4.50
4.00
6.50
2.00
5.50

2.00

2.50
4.50
1.00
5.25
3.80
4.50
7.50
2.25
2.50

07/18/14
07/18/14

MB
NBS

07/28/14

NBS

07/30/14

JL

07/30/14

NBS

07/31/14

JL

07/31/14

MB

07/31/14

NBS

08/06/14

MB

08/06/14

NBS

08/08/14

NBS

08/09/14

JL

08/09/14
08/10/14

MB
HS

08/10/14

JL

08/10/14
09/02/14

MB
NBS

09/04/14

JL

09/04/14

MB

09/16/14
09/16/14

JL
NBS

09/18/14

NBS

09/20/14

MB

09/20/14

NBS

09/21/14

JL

client and co-counsel.
Team conference call with expert Dr. Halpren.
Review of prior arguments and submissions
discussions outstanding; conference with Dr. Halpern
and team.
Review of Dr. Lwin examination before trial; review
letter from Jamaica Hospital.
Telephone conference with Smith and LE experts re
repost
Telephone conference with John and Eli re: expert
report.
Preparing letter to Court; tel conf w/Smith and LE
experts
Team conference call with experts, Halpern-Ruder and
Dr. Lubit.
Review of earlier Silverman book on NYPD (2.8);
drafting letter to Judge Sweet; review of letter re:
outstanding; telephone conference with trial team and
Dr. Lubit and Dr. Halpern.
Conference call with Nat re: defendant's objection to
video; new assignments.
Telephone conference with Mag Bauza to do list;
meeting with John Lenoir re: same; revise letter to
Court re: video objection.
Review of reports of experts (police and ER); review of
record from psychiatric experts.
Confer w/Smith re: expert reports; conference call with
LE experts.
Review and analyze Dr. Lubit's expert report.
reviewed expert report and emailed team re: expert
report
Review expert reports; conference calls with psychiatric
expert.
Team conference call with Dr. Lubit re testimony.
Meeting with co-counsel; review of decisions on
discovery; emails re: scheduling with experts;
telephone call with Roy Lubit re: same.
Schedule of expert depositions (.75); review
defendants letter motion re: expert reports and
depositions (1.25); prepare for expert depositions
(1.50).
Search for missing case citations for Dr. Lubit's prior
expert testimony.
Reivew and consult re: expert discovery.
Telephone conference with experts; conference with
co-counsel; emails re: schedule with all counsel.
Prepare for examination before trial; telephone call with
Walter Kretz; telephone conference with Roy Lubit;
review of expert reports served today and with cocounsel.
Review Medical defendants expert reports; review
expert Tancredo's deposition transcripts.
Review of medical expert reports by Jamaica Hospital
Medical Center; Bernier and lsakov.
Prepare ER expert for examination before trial; confer

2.00
3.50
1.20
0.75
0.80
1.50
1.50
5.50

0.50
1.50
3.50
2.00
3.13
1.50
2.50
1.25
1.50
4.50

2.32
2.50
1.80
3.50

4.62
2.20
2.75

09/21/14
09/21/14

MB
NBS

09/22/14

JL

09/23/14

JL

09/23/14

NBS

09/24/14

JL

09/24/14

NBS

09/25/14

JL

09/29/14

JL

09/29/14

NBS

09/30/14
09/30/14

JL
NBS

10/02/14

NBS

10/08/14

NBS

11/07/14

NBS

11/10/14
11/10/14

JL
NBS

11/13/14

JL

11/13/14

NBS

11/20/14

JL

11/21/14
12/03/14

NBS
MB

01/04/15
01/05/15

NBS
JL

01/05/15

MB

w/Smith re med experts.
Team meeting with Dr. Lubit re: deposition prep.
Meeting with John Lenoir and Mag Bauza; meeting with
Lubit re: examination before trial preparation.
ER and Psych Expert deposition preparation (2.00);
review defendants' expert reports (2.00).
Expert deposition with Dr. Lubit at MCB 220 East 42nd
Street, NYC.
Prep for and attend examination before trial of Roy
Lubit; call to court re: schedule.
Expert deposition: Review Lubit deposition; review
defendants' expert reports; prepare for LE experts.
Telephone conference with Roy Lubit; telephone call
with John Lenoir; review of emails; letter to court re:
motion by city.
Discuss and prepare documentation for LE Expert
depositions.
Prepare (w/Smith) Dr. Halpern-Rudger for examination
before trial at 330 East 42nd Street, NYC.
Meeting with Dr. Halpern Ruder and John Lenoir;
prepare for examination before trial; review of
CompSTAT notes.
Expert deposition with Dr. Halpern-Ruder at MCB.
Appear for and defendant Ruder examination before
trial; prepare for conference the following day; review of
CompSTAT notes.
Email re: scheduling Silverman and Lubit; conference
call with John Lenoir and Mag Bauza re: trial prep
review of CompStat notes.
Review of Floyd record; research on witness list issues;
telephone call with Dr. Dan Halpern; email
correspondences Silverman and Eterno.
Meeting with S. Korenbaum; emails re: status;
telephone call with Dr. Lubit.
Defend with Smith Lubit examination before trial
Telephone conference with Dr. Lubit; attend and
defend examination before trial of Dr. Lubit at Martin
Clearwater; review of draft Amended Complaint;
research, on 4th Amendment warrantless entry (1.5)
Lubit deposition continued (defend plaintiff psych
expert with Smith).
Appear and defend Dr. Lubit; conference re:
examination before trial with witness.
Follow up re: Lubit deposition and prep materials for
trial testimony.
Emails re: Lubit; review of Azira files
Review final draft memo of law in support of Motion to
Amend; Begin research for summary judgment
arguments; analyze Second Circuit summary judgment
decisions re due process and dangerousness in
context of civil commitment; false imprisonment claims.
Reading Mauriello and JHMC motions and case law.
Review of summary judgment motion; prepare
response.
Review Medical defendants summary judgment

4.00
3.50
4.50
7.50
8.00
1.50
1.70
2.00
2.00
5.80
7.50
8.90
4.50
7.50
2.20
4.00
5.20

5.50
5.50
1.00
2.50
6.50

8.20
4.50
6.00

01/05/15

NBS

01/07/15

MB

01/08/15

MB

01/12/15

MB

01/14/15

MB

01/15/15

MB

01/16/15

MB

01/21/15

MB

01/22/15
01/29/15

MB
MB

02/05/15

MB

02/05/15
02/06/15
02/06/15

NBS
JL
MB

02/06/15
02/06/15
02/07/15

NBS
JM
MB

02/07/15

NBS

02/08/15

JL

02/08/15

MB

02/08/15

NBS

02/09/15

JL

02/09/15

MB

02/09/15

NBS

motions; research cited caselaw; conference with Nat
re: motions.
Review of motions; review of recent production by City
(videos and EIU file); conference with John Lenoir and
Mag Bauza re: motions.
Prepare for opposition papers; draft Medical
Defendants' summary judgment issues; analyze
cited caselaw.
Meeting with Nat re: Medical Defendants summary
judgment issues; conduct research on
issues.
Research Medical Defendants summary judgment
issues; draft the state action issue; analyze McGugan
v. Aldana-Bernier and Doe.
Research Medical Defendant's summary judgment
motion issues; respondeat superior, vicarious liability;
apparent authority.
Research Medical Defendant's summary judgment
issues; review Dr. Lubit's Report for establishing the
standard of care.
Continue research on Medical Defendants summary
judgment issues; research applicable standard of care;
analyze "substantially below" legal standard; review
defendants deposition summaries.
Continue research on defendants summary judgment
issues; conspiracy/joint activity state action liability.
Research re: intracorporate conspiracy doctrine.
Research intentional infliction of emotional distress
claim.
Continue to research Medical Defendants Memo in
Opposition issues; research defendant's argument of
legal justification to confine plaintiff under EMTALA.
Drafting opposition brief.
Research and draft Summary judgment motion.
Draft opposition to Medical Defendants summary
judgment arguments.
Drafting opposition papers.
Email regarding summary judgment to City reponse
Draft opposition to Medical Defendants summary
judgment arguments.
Drafting opposition to Jamaica Hospital and doctor
motion.
Preparation in opposition to defendants summary
judgment motion.
Call with Nat discuss current status on JHMC
opposition issues.
Drafting opposition to Dr. Bernier and Dr. lsakov's
motions; conference with John Lenoir; telephone call
with Mag Bauza.
Summary Judgment motions; confer w/Smith re
prepare in opposition to motions and response to Rule
56.1 Statement.
Call with Nat re: progress on research Medical
defendants issues.
Drafting opposition motion; conference with John

5.50
6.50
5.50
5.55
5.40
7.10
6.70

7.00
6.75
4.70
6.50
7.50
7.50
5.60
9.50
0.09
7.50
7.80
8.50
0.50
9.50
9.50
0.50
10.50

02/10/15

JL

02/10/15
02/10/15

MB
MB

02/10/15

NBS

02/11/15

JL

02/11/15
02/11/15

MB
MB

02/23/15

MB

02/24/15
03/25/15

MB
JL

03/28/15

MB

03/29/15

MB

03/30/15

JL

03/31/15

JL

03/31/15

MB

04/01/15

MB

04/03/15

MB

04/06/15

MB

04/06/15

NBS

04/07/15

JL

04/08/15

JL

04/08/15

MB

04/10/15

JL

Lenoir (.5) telephone call with Mag Bauza; drafting 56.1
opposition; telephone conference with Brian Lee re:
Isakov claims (0.2).
Prepare memorandum in opposition to defendant's
motions for summary judgment and Rule 56.1
Statement.
Draft opposition to JHMC summary judgment motions.
Draft opposition to JHMC summary judgment
arguments.
Opposition motion ; telephone conference with Ryan
Shaffer; telephone call with Jon Norinsberg, email
client.
Review and edit of opposition to defendant's summary
judgment motion.
Review/edit second draft of Motion in Opposition.
Review and track proposed changes on first draft of
Motion in Opposition.
Draft issues re: reply to Medical defendants memo in
opp.
reply to Medical defendants memo in opp.
Review of of trial preparation - especially Lubit Direct
Outline.
Draft proposed jury instructions for claims against
Medical Defendants; draft charges for medical
malpractice and other state claims.
Draft proposed jury instructions for Medical
Defendants; draft state false imprisonment charge.
Trial preparation; expect witness direct - Eterno, Lubit,
Halpren-Ruder.
Prepare trial examination - Eterno, Lubit, and HalprenRuder.
Draft proposed jury instructions Medical Defendants;
draft corporate negligence charge.
Draft proposed jury instructions for claims against
Medical Defendants; draft charge re: the stigma of an
involuntary commitment; charge instructing
requirement of a sufficient investigation of
dangerousness; damages
Combine NYPD and Medical Defendants Jury
Instructions.
Combine NYPD and Medical Defendants Jury
Instructions.
Email team; telephone call to Scott Korenbaum re: jury
change; prepare Isakov cross.
Prepare trial testimony for Halpren-Ruder; review jury
instructions and motion.
Review of trial exhibits for expert witnesses Eterno and
Halpren-Ruder; prepare expert testimony for HalprenRuder.
Revise jury instructions Medical Defendants
incorporating Nat's edits; conference w/ team.
Prepare expert trial testimony for Halpre-Ruder; expert
witness preparation for Lubit.

8.50
2.80
4.60
12.50
6.50
3.75
5.65
7.00
7.20
2.50
6.60
5.70
6.00
6.50
5.50
5.70

3.95
6.33
2.50
4.25
3.00
5.80
4.25

04/28/15

JL

05/07/15

NBS

05/13/15

NBS

06/22/15

JL

07/14/15

JL

07/15/15

JL

07/20/15

JL

07/22/15

JL

07/23/15

JL

09/08/15

NBS

Gleason
Group
03/29/13
03/29/13

Gleason
Gleason

04/02/13
04/08/13

Gleason
Gilbert

04/08/13

Gilbert

04/10/13
1
04/11/13

Gleason
Gilbert

Telephone conference with Nat Smith; call to Roy Lubit
re: trial schedule.
Review of decision; telephone call with opposing
counsel (Brian Lee) re: state medical malpractice
sliding scale issues and status.
Telephone conference with Dr. Lubit re: status and trial
date; telephone call to Dr. Eterno re: status and trial
date.
Discussion re: opposition to city & summary motions to
reconsideration (Nat Smith).
Review / research of JHMC Opposition Memo re:
Halpren-Ruder.
Prepare response to defendant JHMC Memo in
Opposition to motion for resonsideration re: expert
Halpren-Ruder.
Draft opposition to JHMC Memrandum re Medical
Expert Halpren-Ruder.
Prepare Response to JHMC Opposition to Plaintiff
Medical Expert.
Research and draft Memo In Response to JHMC
opposition memo;
Telephone conference with JN; tc A Schiener (several
times) re settlement; email all counsel re JPTO and
new exhibits added; tc B Osterman re request to
discontinue against JHMC (less than 6 figures)

1.25

Phone conv. with NS, re: gag order.
E-mail from NS, re: enclosed letter from Hosp.
Defendant to Judge concerning press, review of same
ECF notice, re: Hospital letter to judge.
TC's with PG regarding appearance SDNY re: gag
order & other relief; review of papers in support and
opposition to relief
TC's with PG regarding appearance SDNY re: gag
order & other relief; review of papers in support and
opposition to relief
Court Apearance, and subsq. Meeting with legal team.
Appearance SDNY oral argument

0.50
0.50

1.30
0.70
0.75
0.20
5.50
5.00
4.25
7.50
3.50

0.125
.30
2.50
3.50
2.00

1 ASI notes that there was no hearing on April 11, 2013 in the Litigation. ASI has assumed that
this date was in error and Mr. Gilbert was present for the oral argument on the Gag order.

EXHIBIT 4

Norinsberg
Group
06/18/10

GMC

06/18/10

JLN

06/18/10

JPF

06/24/10
06/24/10

JLN
JLN

06/24/10
06/25/10
06/25/10

JLN
GMC
JLN

06/25/10
06/25/10
06/25/10
06/28/10
06/28/10

JPF
NB
NB
GMC
GMC

06/28/10

GMC

06/28/10
06/28/10

JLN
JLN

06/28/10

JLN

06/28/10

JPF

06/28/10

JPF

06/28/10

NB

06/28/10

NB

06/29/10
06/29/10
06/29/10
06/29/10
06/29/10
06/29/10
11/12/12
11/13/12
11/13/12

GMC
GMC
JLN
JLN
JLN
JPF
JLN
GMC
GMC

11/13/12

GMC

11/13/12

JPF

Meeting w/Jon Norinsberg (JN) and Joshua Fitch (JF) re:
Schoolcraft coming to our office and retaining for lawsuit
Meeting w/ Gerald Cohen ("GC") and JF re: Schoolcraft coming
to our office for interview
Meeting w/JN and Gerald Cohen ("GC") re: Schoolcraft coming to
our office and retaining for lawsuit
Travel back to NYC (3.2)
Traveled to Johnstown to meet prospective Client Adrian
Schoolcraft (3.6)
Initial client meeting & interview with AS in Johnstown
Drafted retainer for Schoolcraft
Sent GC information for retainer; forwarded retainer to AS;
forwarded signed retainer back to GC
Review of Schoolcraft retainer
Prepared Substition of Attorney for taking case over from JM
Saved retainer signed by client to file
Review of correspondence w/Jonathan Moore re: AS
Discussion with JN, JF & Adrian Schoolcraft (AS) re: prior
counsel Jonathan Moore
Discussion with JN and JF re retainer & meeting with
Schoolcrafts
Review of correspondence w/Jonathan Moore re: AS
Discussion with JF & Adrian Schoolcraft (AS) re prior counsel
Jonathan Moore
Discussion with JF and GC re retainer & meeting with
Schoolcrafts
Discussion with JN, GC & Adrian Schoolcraft ("AS") re: prior
counsel Jonathan Moore
Discussion with JN and GC re retainer & meeting with
Schoolcrafts
Faxed Substitution of Attorney to Jonathon Moore; mailed same
via regular mail
E-mailed Substitution of Attorney and Signed retainer Agreement
to J LN
Discussion with JN & JF re substitution of counsel Moore
Correspondence w/JN re: Jonathan Moore
Discussion with JF & GC re substitution of counsel Moore
Correspondence w/ GC re: Jonathan Moore substitution
Drafted correspondence to Jonathan Moore
Discussion with JN & GC re substitution of counsel Moore
Phone call with LS and AS re: continuing atty client relationaship
Correspondence from City re rep of AS
Various correspondence confirming termination of representation
with the parties
Confirming with JF w/AS on the phone that he is terminating
representation
Correspondence from City re rep of AS

0.80
0.80
0.80
1.60
1.80
7.40
0.60
0.10
0.25
0.20
0.10
0.10
0.30
1.25
0.10
0.30
1.25
0.30
1.25
0.20
0.10
0.25
0.25
0.20
0.20
0.30
0.25
0.75
0.10
0.25
0.30
0.10

11/13/12

JPF

11/14/12
11/14/12
11/14/12

GMC
JLN
NB

11/15/12

GMC

11/15/12

NB

11/26/12
01/22/15
01/23/15
01/23/15
01/23/15
01/23/15
01/23/15
01/24/15

GMC
JLN
GMC
JLN
JLN
JLN
JPF
JLN

01/30/15

JLN

02/02/15
02/02/15
02/02/15

GMC
GMC
JLN

02/02/15
02/04/15

JPF
GMC

02/04/15

GMC

02/04/15

GMC

02/04/15
02/04/15

GMC
JLN

02/04/15

JLN

02/04/15

JLN

02/04/15

JLN

02/04/15

JLN

02/04/15
02/04/15
02/04/15

JPF
JPF
JPF

02/05/15

GMC

02/05/15

JLN

Confirming with GC w/ AS on the phone that he is terminating
representation
Receipt and review of letter terminating our representation of AS
Tennination letter from AS
Scanned and e-mailed AS Letter of Termination in file; filed same
in computer file and hard fìle
Review and signed letter to court informing we no longer
represent AS
Made changes and formating edits to letter to Judge Sweet
regarding being relieved as counsel and filed same with Court
Review of correspondence to AS enclosing files
Call from LS re: reentering case as lead counsel
Call w/JN and JF about taking over case again
T/c w/GC re: potentially re-entering case & taking over for trial
F/u call w/GC and JF about taking over case again
T/c with Adrian re: potentially taking over as lead counsel for trial
Call w/GC and JN about taking over case again
T/c w/AS and LS re: wilingness to take over again and inclusion
of C &F on our trial team
Telecon w/ plaintiff and Larry Schoolcraft re: case status,
summary of w/ deposition testimony and taking over for Nat
Smith
Phone conversation w/JN re AS wants to rehire us
Discussion w/ JF & JN re representing AS again for trial
Further discussion w/ GC & JF rejoining team to represent AS for
trial
Discussion w/ GC & JN re representing AS again for trial
Review of email from Nat Smith ("NS") acknowledging and
logistics of represetation
Discussion w/ JN & JF re scheduling a meeting w/ NS to discuss
case status and trial prep
Phone call w JN and JF re: pending trial strategy and
misc.evidentiary issues, and setting up meetng to discuss same
in greater detail
Read and reviewed email from AS re: rehiring us
E-mail from AS to NS and entire team re: formally stating that we
have been reinstated as lead trial counsel
E-mail from NS acknowledging Adrian Schoolcraft e-mail and
suggesting mtg of entire team
Discussion w/ JF & GC re scheduling a meeting w/ Nat Smith
("NS") to discuss case status and trial prep
T/c GC & JF re: pending trial strategy and misc.evidentiary
issues, and setting up meetng to discuss same in greater detail
T/c AS & LS re: case status, SJ motions and trial strategy and
next steps for moving forward
Email AS confirming our rep w/ current counsel
Email from Nat Smith re logistics of representation
Discussion w/ JN & GC re scheduling a meeting w/ Nat Smith
("NS") to discuss case status and trial prep
Phone call w. JN re: updates on discussion with Nat Smith,
records and transcripts provided by Adrian and goal to streamline
case for trial
T/c w. GC re: updates on discussion with Nat Smith, records and
transcripts provided by Adrian and goal to streamline case for trial

0.30
0.10
0.10
0.25
0.25
0.60
0.25
0.75
0.80
0.70
0.80
1.20
0.80
0.90
0.75
0.30
1.30
1.30
1.30
0.10
0.25
0.90
0.30
0.10
0.10
0.25
0.90
1.10
0.10
0.10
0.25
0.50
0.50

02/11/15

JPF

02/20/15
02/20/15

GMC
GMC

02/20/15

GMC

02/20/15
02/20/15

JLN
JLN

02/20/15

JLN

02/20/15

JLN

02/20/15

JPF

02/20/15

JL

02/20/15

JPF

04/07/15

GMC

08/03/15

JJM

08/03/15
Smith
Group
02/03/13

JJM

02/07/13

NBS

02/08/13
02/13/13

NBS
NBS

02/14/13

NBS

02/15/13

NBS

02/16/13

JL

02/17/13
02/18/13
02/20/13
02/20/13
02/21/13
02/24/13

NBS
NBS
MB
NBS
MB
NBS

02/27/13

NBS

02/28/13

NBS

NBS

2nd confirmation email fiom AS that we have been officially
retained again to represent AS in this case
Phone call JN regarding summary of todays meeting
Meeting w/ JN and JF before meeting with Nat Smith to discuss
how we are going to proceed at meeting
Meeting w/ TEAM to discuss trial strategy, division of Labor,
motions
T/c GC regarding summary of todays meeting
T/c with AS & LS re: overview of today's meeting and strategic
issues that came up
Meeting with GC & JF prior to today's meeting with NS to go over
legal issues to discuss
Meeting w/ NS and JL regarding overall trial strategy and specific
evidentiary issues and motions in limine, verdict sheet and Monell
theories against JHMC and the City and allocution of trial
responsibilities
Meeting w/ JN and GC before meeting with Nat Smith to dicuss
how we are going to proceed at meeting
Prepare for meeting with new trial team; meet with Norinsberg
trial team; and review draft of trial memo.
Meeting w/ TEAM to discuss trial strategy, division of labor,
motions
Review and discuss NS letter to court re: delay of trial and
announcing our rehiring w/JN
Watch documentary on Schoolcraft case to get feel for case &
issues
Mtg. w/ Jon L. Norinsberg re: new role in schoolcraft case

0.10

Telephone conference with Peter Gleason; review of docket
complaint and decision by J. Sweet.
Meeting with Adrian Schoolcraft; Peter Gleason and John Lenoir
re possible representation.
TElephone conference with Peter Gleason re taking on new case
Telephone conference with Peter Gleason; telephone to Richard
Guilbert re status.
Telephone conference with client; review of Floyd decision;
meeting with client and team.
Review of files from counsel; review of pleadings; telephone call
to co-counsel twice; review of penal code.
Review of case history and complaint; document preparation for
presentation to DOJ
Review of boxes from client and Guilbert.
Review of decisions of file; review of production.
Team meeting; meet with Norinsberg and new team.
Meeting with co-counsel; prepare subpoenas
Initial meeting with Gleason and Jeremy Skeham
Travel with Peter Gleason to meet defendant and his father in
Saugerties, NY.
Review of file; prepare summons fo amended cmplt; file
Summons with SDNY clerk; tc attempt service of same on Law
Dept; telephone call to Peter Gleason re status of serving 5
remaining defendants.
Review of examination before trial; prepare subpoena; prepare

2.50

0.20
1.00
3.50
0.20
0.75
1.00
3.50

1.00
4.50
3.50
0.30
0.30
0.50

2.50
0.30
0.50
3.50
2.20
3.50
2.50
3.50
4.50
0.80
2.00
5.20
2.80

3.50

03/02/13

NBS

03/05/13

MB

03/05/13

NBS

03/07/13

NBS

03/09/13
03/09/13
04/07/13

MB
NBS
MB

04/07/13
07/31/13
02/20/15

NBS
HS
JL

02/20/15

NBS

Gleason
Group
11/16/12

Gleason

11/16/12

Gleason

11/16/12

Gilbert

11/18/12

Levine

11/18/12

Gilbert

11/19/12

Gleason

11/19/12

Gleason

11/19/12

Levine

11/19/12

Gilbert

11/22/12

Levine

11/26/12

Gleason

Notice of Appearance.
Review of Section 1983 and 242 issues and jury instructions for
various theories of the case.
Meeting with Peter Gleason re: coming on board the Schoolcraft
team.
Telephone conference with client re Justice letter and Chris Dunn
three times; review of discovery record.
Review of file; meeting with client and Peter Gleason; review of
new matter.
Meeting with Peter and Nat re briefing of the case.
Meeting with co-counsel and intern in reference to status.
Meeting with Adrian and team in Saugerties (travel to and from
meeting 4 hours).
Meeting at upstate with' team.
meeting with Nat Smith to review role and case
Prepare for meeting with new trial team; meet with Norinsberg
trial team; and review draft of trial memo.
Meeting with John Lenoir and Mag Bauza; meeting with Jon
Norinsberg and his group (Gerald Cohen and Joshua Fitch).
Meeting with my colleague Richard Gilbert, Esq. (RG), Retired
NYPD 2nd grade Detective (D2) and Larry Schoolcraft (LS) to
discuss Adrian Schoolcraft's (AS) claim against the City of New
York.
Travel to and from NYC Office to Catskill, NY. Upon Return to
NYC Office review of documents provided by LS. (Travel at 1/2
hr. rate)
Meeting with my Gleason, Esq. (PG), Retired NYPD 2nd grade
Detective (D2) and Larry Schoolcraft (LS) to confer on merits of
claim Filed by Adrian Schoolcraft (AS) against NYC, Jamaica
Hospital & other medical defendants Review of documents
provided by LS.
Review of Larry Schoolcraft (LS) documents re: son's case;
confer with RG re: evaluation potential strategies for Adrian
Schoolcraft (AS) litigation
Further review of documents provided and tc's with PG relating to
AS. Conferred with Harvey Levine (HL) re: merits of claim and
potential strategies for litigation
Meeting with RG, and follow phone conversation with AS to
discuss strategy of case, drafting of the retainer and setting up
next meeting with AS.
Phone conv. with Nathaniel Smith, Esq. (NS) to discuss
potentially working on this matter.
Further review of LS documents, ECF filings including pleadings
& internet materials Meeting with RG to discuss case & strategy
relative to further AS and LS contact
Meeting with PG to discuss case parameters & strategy relative
to further AS and LS contact. & impact of LS documents
provided. Confer with Confer with HL re: PG discussion &
strategy
Conf. with RG & PG regarding meeting with AS & LS on moving
forward, litigaiton strategies and client managemnt issues.
Meeting with RG regarding obtaining and scheduling picking up

5.00
3.00
2.50
3.80
3.00
2.50
6.00
6.60
2.50
4.50
4.80

6.00

8.00
14.00

3.50
5.50
1.50
0.50
4.50
2.50

1.00
0.25

11/26/12

Levine

11/26/12

Gilbert

11/27/12

Gleason

11/27/12

Gilbert

11/28/12

Levine

11/28/12

Gilbert

11/29/12

Gleason

11/29/12
11/29/12

Gleason
Gilbert

11/30/12

Levine

11/30/12

Gilbert

12/02/12

Gleason

12/03/12

Gleason

12/03/12

Gleason

12/03/12

Levine

12/03/12

Gilbert

12/04/12
12/05/12

Gleason
Gleason

12/05/12

Gilbert

12/10/12

Gleason

12/10/12

Gilbert

12/17/12

Levine

12/17/12

Gilbert

Schoolcraft file from prior counsel.
Conf with RG re: meeting with AS; review of documents from AS
smart drive, ECF entries & documents; discuss discharge of
outgoing counsel
Confer with HL re: first AS meeting; Meeting with PG regarding
obtaining Schoolcraft file from prior counsel (PC); review of
client's smart drive, court notes and documents filed in USDC; TC
with outgoing counsel; draft of correspondence to PC
E-mail from RG and follow up phone conversation with RG
regarding the Schoolcraft file.
Obtained phone for client; further review of smart drive and filed
documents; follow up phone conversation with PG on PC file with
PG regarding the Schoolcraft file. TC with PC & follow up
correspondence Forwarding Consent
Conf. with RG re: prior cc oushnel discharge "for cause" issues
dispute over disbursements
Review of PC case disbursements claimed as prereq. for transfer
of file; research on atty. discharge for cause and excessive
disbursements
Phone conv. with AS regarding status of obtatining his file from
previous counsel and strategy moving forward.
Phone conv. with RG for update on obtaining file.
Research on "cause" continued; TC & email with AS re: facts
underlying "cause" forward. TC with PG on "cause"
Conf. with RG re: TC with co-counsel re: AS email and discharge
of PC "for cause"
TC with PC re: transfer of file vs. allowable disb. Multiple TCs
with PG on strategy and focus of investigation, discharge of PC
"for cause" & Review of AS email and attachments; confer with
HL regarding course of action
Phone conv. with RG regarding correspondence to and
conversation with AS's previous counsel.
Phone conv. with RG regarding e-mail from AS's previous
counsel.
Phone conv. with AS regarding e-mail from his previous counsel,
investigation and setting up another meeting.
Conf. with RG re: discharge/email from outgoing attorney & TC
from PG and TC with AS
Phone conv. with AS regarding e-mail from his previous counsel,
investigation and setting up another meeting.
Phone conv. with AS regarding all aspects of his representation.
E-mail from AS regarding previous counsel, phone conv. with
RG and AS
Review of e-mail from AS & TC with PG re: transfer of file from
PC
E-mail and follow up phone conv. with RG, re: follow up with AS's
prior counsel.
E-mail and TC with PG, re: file transfer/termination for cuase of
PC.
Conf. RG & PG re: discharge for cause. vs. alternatives; review of
correspondence to outgoing attorney
Additional research on discharge for cause. Conferred with HL re:
merits of moving v. merits of negotiated transfer; conferred with
PC reaching agreement on file transfer; draft letter

4.50
3.40

0.25
2.45

0.45
4.20
0.75
0.25
3.00
1.50
1.50

0.50
0.25
0.50
0.50
0.50
0.75
1.25
0.80
0.50
0.50
1.50
2.25

12/18/12

Gleason

12/18/12
12/18/12

Levine
Gilbert

12/21/12
12/22/12

Gleason
Levine

12/22/12
12/23/12
12/23/12
12/26/12

Gilbert
Gleason
Levine
Levine

12/27/12

Gleason

12/27/12
12/28/12
01/02/13

Levine
Levine
Gleason

01/02/13
01/02/13

Gleason
Levine

01/02/13

Gilbert

01/04/13
01/04/13
01/04/13
01/05/13
01/05/13
01/05/13

Gleason
Levine
Gilbert
Gleason
Levine
Gilbert

01/06/13
01/08/13

Gleason
Gleason

01/08/13

Gleason

01/08/13

Levine

01/08/13
01/11/13
01/17/13
01/19/13
01/20/13
01/29/13
02/06/13

Gilbert
Gleason
Gleason
Gleason
Gleason
Gleason
Levine

02/06/13
02/07/13

Gilbert
Gleason

Meeting with RG to facilitate picking up file from previous
counsel, picked up file (6+ banker boxes) from previous counsel
with RG and initial cursory review of once secured in office.
Conf. RG & PG re: AS file transfer Begin Inventory of files
Confer with PG prior to file transfer; travel to PC Office to
effectuate transfer of 6 banker boxes of files; brief review of files
at PC office.
Organize and review case files.
Cont. inventory of contents of file conf. w/ RG re: amended
complaint
Review of PG E-mail re, amended complaint Discuss with HL
Review of amended complaint, memo to file.
Complete inventfory of AS files
Begin comprehensive review of transferred files & notes;
pleadings & discovery
Review of part of Schoolcraft file: Partial review of "Attorney's
eyes only" File.
Continued review of AS files w/notes discovery materials
Continued review of AS files w/notes discvoery materials
Meeting at law office of Levine & Gilbert and continued review of
"Attorney's eyes Only," file.
E-mails back and forth to JL re: meeting.
Continued review of AS files w/notes Conf. with PG & RG at
office re: update on file review & discussion of "eyes only" file.
continued review of file.
Meeting with HL & PG at office re: update on file review &
discussion of "eyes only" file. continued review of file.
Meeting with RG and continued review of File.
Continued review of file; meeting with PG
Continued review of file; meeting with PG
Continued review of the file
Memo summarizing and analyzing contents
Continued review of file
Memo to file.
Completion of review of file from prevous counsel, Memo to file.
Meeting with RG to review and discuss the review of the parts of
the file reviewed by Levine & Gilbert and by PG.
Phone conv. with AS, Re; update as to complete review of file
(excluding review of recordings) and discussion on need for
investigator to verify identity of certain individuals who were
present at the, "home invation."
Conf. with PG & RG reviewing analysis and Strategy going
forward
Meeting with PG, HL re: file contents strategy.
Meeting with VP, re: individuals presnt at, "Hone invasion."
Meeting with VP, re: "Home Invasion," participants.
Review of Schoolcraft audio regardings, notes to file.
Continued review of Schoolcraft recordings, notes to file.
Meeting with RG, FS atty.
Conf. RG re: expansion of legal team; and transfer of banker
boxes & files to PG & Nat Smith (NS) for scanning; organizing
files
Organize file for transfer to PG & Nat Smith (NS)
Meeting with AS, NS, & JL, re: adding lawyers to the legal team.

6.00
1.50
6.00
2.50
2.50
0.20
1.50
3.50
6.00
3.50
5.00
6.00
3.25
0.25
6.25
4.50
4.25
6.00
6.00
4.50
3.50
3.50
6.50
3.50
0.75

3.50
3.50
0.75
0.75
4.75
4.50
1.50
1.00
1.00
2.50

02/07/13

Gilbert

02/08/13
02/13/13

Gleason
Gleason

02/14/13

Gleason

02/14/13

Gilbert

02/21/13
02/26/13

Gilbert
Gleason

02/27/13

Gleason

02/27/13

Gilbert

02/28/13
03/19/13
03/23/13
03/24/13

Gleason
Gleason
Gleason
Gleason

Draft receipt to PG for transfer of hard copy of files
For scanning for the legal team.
Phone conv. with NS, re: joining legal team.
Meetings with AS, meeting with RG and NS.
Meeting with VP, review of file with AS.
Transport file from Levin & Gilbert to Law office of Nat Smith.
Meeting with NS to discuss how file is formatted. Meeting with
AS and legal team.
Meeting with PG & NS at office & file transfer of Nat Smith.
Meeting with NS to discuss how file is formatted. Meeting with
AS and legal team.
Email to PG re: file preservation
E-mail from Magdalena Bauza (MB), re: resume and her interest
in working on matter.
Review of e-mail from Corp. Counsel containing additional
"Attorney's eyes only" documents and discussion with RG & NS.
Review of e-mail from Corp. Counsel containing additional
"Attorney's eyes only" documents and discussion with PG & NS.
Prepared and file notice of appearance.
E-mail from NS, re: Home invasion recording.
E-mail from AS, re: recording of Lt. Mascol.
E-mail from NS, re: recording of Lt. Mascol

0.50
0.50
7.50
3.50
0.50
0.25
0.125
1.25
1.25
0.25
0.125
0.50
0.13

EXHIBIT 5
Norinsberg
Group
06/20/10
06/20/10
06/20/10

GMC
JLN
JPF

06/21/10
06/21/10
06/21/10
07/01/10
07/02/10
07/02/10

GMC
JLN
JPF
NB
GMC
JLN

07/04/10

JLN

07/05/10

JLN

07/06/10
07/08/10

JLN
JLN

07/14/10

JLN

07/15/10

JLN

07/16/10

JLN

07/19/10
07/21/10

GMC
JLN

07/22/10

JLN

08/03/10
08/03/10

GMC
GMC

08/10/10

GMC

08/10/10
08/10/10

JLN
JLN

08/10/10
08/11/10
08/11/10
08/11/10
08/11/10
08/11/10
08/11/10
08/11/10
08/13/10
08/15/10
08/15/10

JPF
GMC
JPF
JPF
JPF
JPF
JPF
JPF
GMC
GMC
GMC

08/15/10

GMC

Email from Adrian Schoolcraft (AS) re: meeting with JN
Read Voice articles on Schoolcraft
Reading Village Voice articles on; Schoolcraft and
Halloween night
Email from AS re: Gerald Nelson
Read articles sent by Schoolcraft on Gerald Nelson
Review of articles sent by Schoolcraft on Gerald Nelson
Calendared JLN meeting with Justice Dept. re: Schoolcraft
Phone call w/Eric Schneiderman staff re: Schoolcraft
Reviewed media stories & news articles provided by AS;
notes re: same
Read e-mails from A. Schoolcraft re: articles on Mauriello
and Palestro
T/c AS re: Palesto, Daily News Contact, trip to NYC and
news interviews
T/c R.P. (Daily News reporter) re: AS case;
Read tribute to Mauriello praising effectiveness in crime
reduction
T/c Eric Sanders, Esq., re: Frank Palestro & PO Minaya &
possible joint participation in each others cases
Reviewed ltr from AS to Senator Hugh Farley requesting
assistance
Reviewed PBA letter (Aug. 17, 09 ) in response to AS's
request for legal representation from PBA
Review of Village Voice Articles re: Schoolcraft
Conference call b/w Graham Raymond ("GR") GR & AS &
LS re call by NYPD to GR
E-mail exchange with AS re: council speaker wants CCRB
to try its own cases
Phone call with Jim Hoffer (ABC News) re: Schoolcraft
Email correspondence re: media coverage of filing
Schoolcraft complaint
Meeting with AS to finalize for complaint filing, news
coverage, and prep for website launch
Review of Articles about Schoolcraft complaint
Listened to Brian Lehrer show (podcast) re: Schoolcraft
allegations
Review of articles about Schoolcraft Complaint
Review of San Francisco Chronicle coverage
E-mail with Mark Toor - Chief
E-mail with Mark Toor - Chief
E-mail with Mark Toor - Chief
E-mail with Mark Toor - Chief
E-mail with Mark Toor - Chief
Phone call with Mark Toor re article in Chief
Review of Bloomberg coverage of AS complaint
E-mail to JF re NYPD blog picking up case
Meeting with JN and JF re NYTimes story about quotas &
Schoolcraft
Email w/JN re: NY Times to run Schoolcraft story

0.10
2.10
2.10
0.25
0.80
0.60
0.10
0.30
4.20
0.25
1.20
0.50
0.10
0.25
0.10
0.10
1.25
1.20
0.10
0.30
0.25
2.75
0.40
0.50
0.30
0.10
0.10
0.10
0.10
0.10
0.10
0.30
0.25
0.10
0.60
0.25

08/15/10

JLN

08/15/10
08/15/10

JPF
JPF

08/16/10

JLN

08/16/10

JLN

08/16/10

JPF

08/17/10
08/17/10
08/18/10
08/18/10
08/25/10

GMC
JPF
JLN
JPF
GMC

08/27/10
08/31/10

GMC
GMC

08/31/10

JLN

08/31/10
08/31/10

JPF
JPF

09/03/10

GMC

09/03/10
09/03/10
09/03/10
09/07/10
09/07/10
09/07/10

JLN
JLN
JPF
GMC
JPF
JPF

09/10/10
09/10/10
09/10/10
09/12/10

GMC
GMC
JPF
JLN

09/12/10

JLN

09/20/10
09/20/10

JLN
JPF

09/20/10
09/21/10

JPF
JLN

09/22/10
09/22/10
09/22/10
09/22/10
09/23/10

JLN
JPF
JPF
JPF
GMC

09/23/10

JLN

Meeting with JF and GC re NY Times story about quotas &
Schoolcraft
E-mail from GC re NYPD blog picking up case
Meeting with JN and GC re NYTimes story about quotas &
Schoolcraft
Read CCRB Report on 75th & 81st Pcts, as provided by AS;
took notes re: same
Read articles about NYPD's gun buy-back program
provided by AS
E-mail article from "Gman" re downgrading stats & PBA
admission about quotas from 1994
Review of Mark Toor article - JF interview
E-mail from Mark Toor re Chief article
Discussion with JF re Rocco's story in Daily News
Discussion with JN re Rocco's story in Daily News
Review of email correspondence w/ Len Levitt re: WSJ
police correspondence
Discussion w/Jim Hoffer re: story on 81st precinct
Conversation with JN and JF re: topics to be
discussed/disclosed with Mark Toor in Chief article
Conversation with GC and JF re: topics to be
discussed/disclosed with Mark Toor in Chief article
Phone call with Mark Toor re new article
Conversation with JN and GC re: topics to be
discussed/disclosed with Mark Toor in Chief article
Email correspondence w/JN re: This American Life Radio
show
E-mail w/ GC re: This American Life Radio show
Discussion with JF re AS interview with This American Life
Discussion with JN re AS interview with This American Life
Review of Media coverage NYTimes
Review of Chief article on AS
Discussion with Mark Toor re article in Chief about
Amended Complaint
Review of Times article points with JF
Listened to AS NPR radio show
Review of Times article points with GC
Reviewed "Poilice & Public Safety in NYC" report from
Citizens Crime
Reviewed "Crime, Police & the Community" report by
Citizens Crime Commision, as provided by AS
Discussion with JF re meeting with DOJ on AS case
Discussion with JN re meeting with Department of Justice
("DOJ") on AS case
Listening to This American Life interview with client
Meeting with DOJ EDNY regarding potential civil rights
enforcement action and setting up meeting w/ AS
Meeting with JF to prepare for EDNY DOJ
Meeting with JN to prepare for EDNY DOJ
Meeting with DOJ EDNY
E-mail to DOJ with medical records
Meeting with JF, JN and Center for Constitutional Rights
(CCR) re Schoolcraft
Meeting with GC, JF and Center for Constitutional Rights

0.60
0.10
0.60
1.20
0.30
0.30
0.25
0.25
0.25
0.25
0.25
0.50
0.25
0.25
0.30
0.25
0.10
0.10
0.40
0.40
0.25
0.25
0.40
0.25
1.00
0.25
0.70
0.80
0.40
0.40
0.80
3.10
1.10
1.10
3.10
0.25
2.25
2.25

09/23/10

JPF

09/24/10

GMC

09/24/10

JLN

09/24/10

JPF

09/25/10
09/25/10

GMC
GMC

09/25/10
09/25/10
09/25/10
09/25/10
09/27/10

JLN
JLN
JPF
JPF
GMC

09/27/10

GMC

09/27/10

JLN

09/27/10

JLN

09/27/10
09/27/10

JPF
JPF

09/27/10

JPF

09/28/10
09/28/10
09/28/10
09/28/10
09/28/10
10/07/10
10/08/10
10/08/10
10/08/10
10/22/10
10/24/10
10/30/10

GMC
JLN
JPF
JPF
JPF
JLN
GMC
JLN
JPF
JPF
JPF
GMC

10/30/10
10/30/10

GMC
GMC

10/30/10

JLN

10/30/10

JPF

11/03/10

GMC

(CCR) re Schoolcraft
Meeting with GC, JN and Center for Constitutional Rights
(CCR) re Schoolcraft
Discussion with JN and JF re: first meeting with the DOJ
and upcoming meeting with the DOJ and AS
Discussion with JF and GC re: first meeting with the DOJ
and upcoming meeting with the DOJ and AS
Discussion with JN and GC re: first meeting with the DOJ
and upcoming meeting with the DOJ and AS
Meeting with JF & JN re AS interview with feds
Email re: Schoolcraft visit to meet with Feds, NY Times,
ABC news
E-mail from JF re: upcoming fed meeting with AS
Meeting with GC & JF re: upcoming AS interview with feds
E-mail from JN re fed meeting
Meeting with GC & JN re AS interview with feds
Meeting w/AS with JN, JF to prep for discussion with US
attorneys office EDNY
Schoolcraft interview with Civil Rights Division DOJ (pre and
post), NY Times, ABC news
Meeting with AS and Feds re: potential fed civil rights
violations
Discussion with JF re: location of witnesses from This
American Life interview
Schoolcraft interview with Civil Rights Division JN, GC, DOJ
Meeting w/AS witkr JN, GC to prep for discussion with US
attorneys office EDNY
Discussion with JN re location & witnesses from This
American Life interview
Review of Daily News article re: Schoolcraft
E-mail from JF re article in Russian news
E-mail from GC re article on AS
E-mail from JN re article in Russian news
Review of article from Rocco & Daily News
T/c w/ Colleen Long (AP wire) re: doing story on Schoolcraft
Review of AP story re: Schoolcraft case
Review of AP story re: Schoolcraft case
Review of article from Associate Press on Schoolcraft
E-mail from GC re NY Times article
Article from the "L" re Schoolcraft
Meeting with JF & JN re: information provided by MR, MG
RC whistleblower cops and movie and book publicist
contacting AS for information
Phone call with entertainment lawyer
Email correspondence re: selling Schoolcraft life rights for
movie or book so that Adrian can support himself while case
proceeds
Meeting with GC & JF re: information provided by MR, MG
RC (whistleblower cops) and movie and book publicist
contacting AS for information
Meeting with GC & JN re: information provided by MR, MG
RC whistleblower cops and movie and book publicist
contacting AS for information
Review of mark ups from entertainment lawyer re:

2.25
1.75
1.75
1.75
0.50
0.25
0.10
0.50
0.10
0.50
3.25
5.25
2.30
0.50
3.10
3.25
0.50
0.10
0.10
0.10
0.10
0.10
0.60
0.25
0.20
0.25
0.10
0.10
2.25
0.40
0.30
2.25
2.25
0.30

11/16/10
11/19/10
11/19/10

JPF
GMC
JPF

11/21/10
11/21/10
11/29/10
11/29/10
12/01/10
12/08/10
12/11/10

GMC
JPF
JLN
JPF
JPF
GMC
JLN

12/12/10

GMC

12/15/10
12/16/10
12/16/10
12/29/10
01/01/11
01/01/11
01/05/11
01/31/11
01/31/11

JPF
JLN
JPF
JPF
JLN
JPF
JPF
GMC
GMC

01/31/11

GMC

01/31/11
01/31/11

JLN
JLN

01/31/11

JLN

01/31/11

JPF

02/24/11
03/03/11

JPF
JLN

03/03/11
05/20/11
06/16/11

JPF
JPF
JLN

06/16/11
06/21/11

NB
JLN

06/23/11

JLN

06/23/11

NB

12/13/11
03/06/12
03/08/12

NB
GMC
GMC

03/13/12

GMC

Schoolcraft entertainment contracts
Review of affidavit for AS for CCR case
Email correspondence with French documentarian
E-mail from French journalist Marie Brunerie re
documentary on whistle blowing and Schoolcraft case
Review of WSJ article re: Schoolcraft case
Email from GC re Wall Street Times article
Reviewed draft CCR Affidavit by AS
E-mail from AS re CCR affidavit
Correspondence from CCR re affidavit
Review of email correspondence w/Graham Raymond
E-mail exchange re: posting on Thee Rant relating to
Mauriello
Review of Daily News article w/memo showing proof of
quota
E-mail from GC re article involving Marino
Reviewed final AS Affidavit for CCR
E-mail from GC re AS affidavit
E-mail article from GC by Len Levitt re AS case
E-mail to JF re WSJ article about case
E-mail from JN re Wall Street Journal article about case
E-mail from GC re NBC news coverage on Schoolcraft
Review of materials sent to Queens DA to start investigation
Discussion w/JN re: requesting Queens DA to investigate
Halloween night
Meeting with JN & JF re send documents & authorizations
to Queens DA office
Review ofmaterials sent to Queens DA to start investigation
Discussion w/ GC re: requesting Queens DA to investigate
Halloween night
Meeting with JF & GC re sending documents &
authorizations to Queens DA office
Meeting with JN & GC re send documents & authorizations
to Queens DA office
Email from GC re article re Marino misconduct
E-mail exchange with C. Whitehead re: Daily News article
on quotas and pressure.
Email from HV re article re Lt. Williams
Email from client re article on "Collars for Dollars"
E-mail exchange upcoming meeting with Queens DA &
plaintiff desire to postpone meeting until we have discovery
responses
Sent AS authorizaiton to Queens DA
E-mail exchange re: Queens DA meeting &
avoiding any contact w/ press/media
Letter to Jim Leander re: authorizing release of med records
to Queens DA
Prepared authorization and letter enclosing autorization to
Queens DA
Sent AS Authorization to James Liander (Queens DA)
Review of Village Voice Article re QAD investigation
Discussion with JN & JF re VV article and the confidential
report
Email from PBS producer Weinrich on documentary of

0.30
0.10
0.10
0.25
0.10
0.10
0.10
0.10
0.10
0.10
0.25
0.25
0.10
0.10
0.10
0.10
0.10
0.25
0.25
0.40
0.40
0.20
0.40
0.40
0.40
0.10
0.10
0.10
0.25
0.20
0.20
0.10
0.10
0.25
0.20
0.30
0.75
0.10

03/13/12
03/13/12

GMC
JPF

03/14/12
03/16/12
03/30/12

GMC
GMC
JLN

08/28/12
08/28/12
08/28/12
10/18/12

GMC
JLN
JPF
GMC

10/18/12

JLN

10/20/12
02/09/15

JPF
JLN

02/17/15

JLN

04/10/15

JLN

07/22/15
07/22/15
Smith
Group
02/16/13

JLN
JLN

02/17/13

JL

02/18/13

JL

02/19/13

JL

02/20/13

JL

02/21/13

JL

02/22/13

NBS

03/03/13

NBS

03/05/13

NBS

03/06/13

NBS

03/20/13

JL

03/25/13

NBS

JL

Schoolcraft
Email correspondence with Mark Toor
Email from PBS producer Weinrich on documentary of
Schoolcraft
Review of NY Times article on Schoolcraft
Radio interview re: Schoolcraft
E-mail from Eli Silverman re: ABC news story on under
reoprted crime rates; watched same
Email JN and JF re Chief article
E-mail from GC re Chief article
Email from GC re Chief article
Meeting w/JF & JN re: City's Deliberative Process and
Grand Jury privilege claims and best strategy for defeating
same.
Mtg w/JF & GC re: City's Deliberative Process and Grand
Jury privilege claims and best strategy for defeating same.
E-mail from GC re another article AMNY
T/c AS & LS regarding negative articles in Daily News
regarding AS last week and steps moving forward
E-mail GC & JF regarding new MIL for Queens DA findings
and meeting with NS this Friday
Reviewed Schoolcraft Graham Raymond materials made
summary of most important ponts from clients' e-mail
correspondence and chronological summary
E-mail re: new Schoolcraft "documentary"
Watched new Schoolcraft documentary (Eterno appears)
Review of case history and complaint; document
preparation for presentation to DOJ
Review of case files and and audio recordings; document
preparation to formally request DOJ intervention
Review of case timeline and document preparation for Main
Justice and US Attorney presentation
Telephone conference with EDNY Civil Rts Chief Pam
Chen; document preparation.
Prepare draft letters to DOJ--Main Justcie and USAO,
EDNY
Telephone conference with Peter Gleason and client
Schoolcraft in reference to case preparation for trial (DOJ
letter review).
Review of emails; telephone call to co-counsel; telephone
Graham Raymond (Village Voice).
Review of discovery; review of discovery plan; review of
draft letter to Justice Department.
Telephone conference with client re Justice letter and Chris
Dunn three times; review of discovery record.
Review of discovery records; telephone call to Chris Dunn
(NYCLU); meeting with City CM Williams; Peter Gleason
and Adrian Schoolcraft (2.1).
Final Draft, review and mail of letters to Main Justice and
US Attorney
Working on opp to motions to guash and compel; telephone
call with client and review of materials with client (1.5);
telephone conference with Jon Norinsberg re Queens DA;

0.10
0.10
0.10
0.40
0.20
0.10
0.10
0.10
1.20
1.20
0.10
0.50
0.10
1.40
0.10
0.30
3.50
3.25
4.00
0.75
1.50
1.25
0.70
2.50
2.50
3.50
1.50
8.50

05/15/13

NBS

06/07/13

NBS

06/14/13

NBS

08/06/13

NBS

10/13/13

NBS

10/13/13

JL

11/14/13

NBS

Gleason
Group
01/11/12

Gilbert

01/11/12

Levine

01/12/12
01/12/12

Gilbert
Levine

01/14/12

Gilbert

01/14/12
01/19/12
01/29/12

Levine
Levine
Gilbert

01/29/12

Levine

02/01/12

Gilbert

11/19/12

Gleason

11/28/12

Gleason

12/05/12

Gleason

12/07/12
12/13/12

Gleason
Gilbert

12/13/12
12/13/12

Gleason
Gleason

suit and sharing information (0.5).
Continued review of production; email opposing counsel re:
status of IPP trial and Queens DA document.
Review of Queens D.A. files (20); meeting with John Lenoir
and potential experts on NYPD and dangerousness (2.0);
telephone client re: motion for stay of NYPD
Email regarding press contracts; telephone call to client;
further research on Younger issue.
Telephone conference with co-counsel; review of emails
and press coverage; call from G. Rayman re: book out.
Telephone conference with client re: status re: NYCLU and
Dunn and going forward; telephone call to John Lenoir re:
same
Telephone conference with Smith and NYACLU re
assistance in case
Email in reference to Daily News Article; telephone call to
Mag Bauza re: interview with Carol Street.
Meeting with PG, re: Union's failure to represent
Confer with HL on failure/strategy
Conf. with RG re: Union's failure to represent AS in trial
room and/or return to full duty strategy
Research on Union's failure to advocate for A.S
Review of research on Union's representation and failure to
advocate for AS 2.0
Meeting with PG, re: Queens DA. Research Discovery of
D.A.'s investigative file: email PG Confer with HL regarding
research outcome & strategy with regard to same
Conf. with RG re: Union rep. research & strategy
Conf. RG re: correspondence to Queens D.A. & redrafts
Review of PG E-mail & affidavit from Center for
Constitutional Rights (CCR)
Review of proposed AS affidavit for Center for Constitutional
Rights (CCR)
E-mail to PG, re: e-mail from CCR. Final draft cease &
desist to PC re: website
Meeting with RG to discuss news articles and our strategy
to follow up with AS and LS.
Phone conv. with AS regarding Nov. 12, 2012 news report
and possible sources of media leaks.
E-mail and phone conversation with AS regarding Frank
Serpico (FS) and his assistance through support and
institutional knowledge of the NYPD.
Phone conv. with AS re: NYPD employment issues
review of E-mail from AS with Queens D.A. Press Release
re: no criminality: multiple TC's with PG and AS & confer
with HL re: same
Phone conv. with FS re: Queens DA press release.
E-mail from AS containing review/discussion of 12/4/12
Press Release from QCDA with the
conclusion that there was no criminality in the manner that
Plaintiff was taken from his home and placed in a
psychiatric facility. Extensive Follow up phone conv. with
AS and RG.

2.20
4.50
3.50
0.80
2.30
0.75
1.20

1.00
1.00
2.00
0.70
4.75
0.75
0.25
0.50
0.50
0.13
1.50
1.50
0.75
0.75
3.00
0.50
4.50

12/14/12

Gilbert

12/14/12

Levine

12/23/12
12/23/12

Gleason
Gleason

12/24/12

Gleason

12/26/12
12/31/12

Gleason
Gleason

01/03/13

Gleason

01/04/13

Gleason

01/10/13

Gleason

01/10/13
01/11/13
01/12/13
01/13/13
01/14/13
01/15/13
01/18/13
01/29/13

Gleason
Gleason
Gleason
Gleason
Gleason
Gleason
Gleason
Gleason

02/05/13
02/17/13
02/20/13
02/28/13
03/10/13
03/14/13
03/16/13
03/18/13
03/18/13
03/20/13
03/25/13

Gilbert
Gleason
Gleason
Gleason
Gleason
Gleason
Gleason
Gleason
Gleason
Gleason
Gleason

04/02/13
04/10/13

Gleason
Gleason

Confer with HL re: press release; TC with PG, re: 1PP's
position on AS.
Conf. with RG; review Queens D.A. press release Multiple,
TC's with PG and AS; alternate responses discussed.
Phone conv. with AS, re update on Queens DA
E-mail correspondence and phone conv. with JL Re:
Queens DA's investigation of the Schoolcraft matter.
Draft and hand deliver a notice of appearance that NYPD
Asst. Comm. Kearns demanded before she would
communicate with my office regarding AS.
E-mail to and from NYPD Asst. Comm. Kearns.
E-mail from and follow up conversation with JL, Re: his
potential involvement in the Schoolcraft matter, Queens
DA's investigation, scheduling a time we can meet.
Meeting with JL, Re: Queens DA, the amended complaint,
and aspects of the Schoolcraft file.
E-mail and phone conv. with PBA counsel, Re: Union's
position on Schoolcraft matter.
Multiple phone conv. and e-mails back and forth with AS, re:
PBA and AS's recordings.
E-mail, fax and phone conv. with PBA legal counsel.
Meeting with RG, re: PBA matter.
Phone conv. with JL, re: viability of DOJ involvement.
E-mail to Pat Lynch, PBA President.
Meeting with RG, re: Queens DA.
Phone conv. with AS re: Queens DA.
E-mail to PBA, re: their assistance in the matter.
E-mail from Center for Constitutional Rights (CCR) review of
enclosed affidavit.
Research memo & draft subpoena to Queens D.A.
E-mail correspondence between NS & JL, re: Queens DA.
Meeting with NS, JL. Re: Queens DA subpoena
Queens DA's office to serve subpoena. (travel)
E-mail to Council Member Williams
E-mail from NS, re: Queens DA
E-mail from JL, re: Letter to DOJ and strategy.
E-mail form NS, re: edits to letter to DOJ.
E-mail from JL, re: Schoolcraft media report.
E-mail from NS, re: final draft of DOJ letter.
E-mail from NS, re: Letter from Dept. Advocates Office
dated April 5, 2011.
Press inquiry, re: AS
Letter from NYPD Department Advocates Office, review of
same.

1.00
1.50
0.50
0.75
2.00
0.25
1.50
2.50
0.50
2.50
1.25
0.75
0.50
0.13
0.75
0.50
0.13
0.50
2.50
0.25
0.75
2.00
0.25
0.13
0.50
0.25
0.25
0.13
0.25
0.13
0.25

EXHIBIT 6
ARBITRATION ADVISORY
03-01
DETECTING ATTORNEY BILL PADDING
January 29, 2003
Points of view or opinions expressed in this document are those of the
Committee on Mandatory Fee Arbitration. They have not been adopted or
endorsed by the State Bar's Board of Governors and do not constitute the official
position or policy of the State Bar of California.
QUESTION PRESENTED:
When an attorney's invoice overstates the amount of time required for work
performed, it is called bill "padding." If a lawyer charges for services on an
hourly basis how can an arbitrator evaluate the invoices for possible bill
padding? This advisory explores the question of how an arbitrator may identify
bill padding and determine a reasonable fee in such circumstances.
INTRODUCTION
Most bills are a collection of a great many estimates of time spent for work
performed in the privacy of a lawyer's office. Accordingly, it is usually true that
one cannot challenge most of these estimates with mathematical precision.
Overall, arbitrators should look at three things:
A. Evaluate the team/staffing used on the matter,
B. Evaluate the work performed against the time billed, and
C. Look for certain patterns in the form of the work descriptions.
DISCUSSION
Rules and observations about determining reasonable attorney's fees in general
are addressed in Arbitration Advisories 95-02 (June 9, 1995) and 98-03 (June 23,
1998). This advisory focuses on a subset of that topic: when too much time is
recorded for the individual units of work performed, generally known as bill
"padding". In order to understand the likely areas to look for such problems, it is
useful to consider the historical background of attorney's professional fees [See
American Bar Association Commission on Billable Hours Report (August, 2002)
referred to hereinafter as "ABA Report" (See http://www.abanet.org/].
Historically, lawyers routinely billed clients in flat sums or fixed amounts - often

at the conclusion of the matter. This required some estimating and discretion on
the part of counsel. A bill often read something like this: "Fee for services
rendered, $ 750.00."
Clients sometimes paid their bills six months or a year after receipt of the
invoice, which reflected services performed long before it was sent.
In Gisbrecht v. Barnhart [Gisbrecht v. Barnhart, 535 U.S. 789 (2002)] the
Supreme Court wrote:
". . . . An American Bar Association (ABA) report, published in 1958, observed
that attorneys' earnings had failed to keep pace with the rate of inflation; the
report urged attorneys to record the hours spent on each case in order to ensure
that fees ultimately charged afforded reasonable compensation for counsels'
efforts. See Special Committee on Economics of Law Practice, The 1958
Lawyer and His 1938 Dollar 9-10 (reprint 1959).
Hourly records initially provided only an internal accounting check. See Honest
Hour 19. The fees actually charged might be determined under any number of
methods: the annual retainer, the fee-for-service method, the "eyeball" method
under which the attorney estimated an annual fee for regular clients, or the
contingent-fee method, recognized by this Court in Stanton v. Embrey, 93 U. S.
548, 556 (1877), and formally approved by the ABA in 1908. See Honest Hour
[W. Ross, The Honest Hour: The Ethics of Time-Based Billing by Attorneys
(1996),13-19]. As it became standard accounting practice to record hours spent
on a client's matter, attorneys increasingly realized that billing by hours devoted
to a case was administratively convenient; moreover, as an objective measure of
a lawyer's labor, hourly billing was readily impartable to the client. Id., at 18. By
the early 1970's, the practice of hourly billing had become widespread. See id., at
19, 21."
Over the decades, federal and state courts have developed vast experience in
evaluating requests for fees calculated on the basis of units of time at hourly
rates. This process is called the "lodestar" method. The number of hours
reasonably devoted to each case is multiplied by an amount determined to be a
reasonable hourly rate. The time involved in many lodestar matters is often
hundreds, perhaps thousands of hours of time, and evaluating such a request can
be a vexing, complicated process even for courts experienced in such matters.
Once the lodestar amount is determined it is presumed thereafter to be the
reasonable fee, although the amount can sometimes be adjusted upwards or
downwards for 12 reasons or factors [See Kerr v. Screen Extras Guild, Inc. 526
F.2d 67, 70 (9th Cir. 1975)]. This advisory is not concerned with these
adjustments but with evaluating the lodestar for fees for services which have
been rendered by a law firm to its client on an hourly basis and with a specific
focus on whether or not there has been "padding" or "heavy pencil" time

estimates in the bill.
In the now-standard chronological legal bill, almost all time is (or can be, if
requested) shown by day and by timekeeper. If a lawyer or other timekeeper
does several things in one day on a particular matter then he or she must decide
how to describe this work and how much time to enter for the work. This can be
done for the batch of things done as a total or for each element within the batch.
The use of only one total time is called "block billing" or "lumping" and it is not
a favored practice. Many sophisticated users of legal services and many courts
specifically prohibit block billing, and in evaluating the appropriateness of
charges for legal services it may be appropriate - even essential in some cases to write off time and fees to account for this practice.
An arbitrator's review of legal bills should include an inquiry into the method
and timing used to prepare the bills in order to form an opinion as to the
accuracy of the data shown by the bills. Some attorneys, particularly solo
practitioners and very small firms, still use word processing programs to
generate bills but most mid-size and larger firms use billing programs for this
function. Many time and billing software programs in use today have a timer
feature that allows one to input "start" and "stop" commands for one or more
matters. The program then automatically calculates the elapsed time for each
procedure in the same manner as a stopwatch. This feature is cumbersome and
very rarely used by timekeepers, due in part to the nature of the way timekeepers
devote their time to various matters during a typical day. Telephone calls, voicemails, e-mails, faxes, couriers, mail, colleagues, sudden inspiration, etc.,
interrupt and require instant attention to another matter. Sometimes two or more
things are happening at the same time, and there is no way to have a timekeeper
keep track of these events and the time involved for each event will have to be
estimated and written or entered manually for each task.
Many lawyers no longer write out what they do by hand on paper time sheets but
input their work descriptions directly into computers. These can usually be
identified because they are often longer and more detailed. For example, if an
entry in an invoice reads: "meeting with client to discuss the elements of the
separate statement of facts and the source of evidence for each element (1.8);
research new opinion on the presumptions and burden of proof under Festo and
progeny (2.5)" [Example 1], this is likely (but not necessarily) something
actually entered into the program by the lawyer. On the other hand, the briefer
description for the same work of: "meeting with client re MSJ; research burden
of proof (4.3)" [Example 2] is probably something written in longhand and then
transcribed into the billing program. Some lawyers still do not use billing
programs but generate their bills by word processing programs or even on handwritten slips of carbon paper designed for this use. It is not the format of the bill
but the information provided which is important. Full and complete hand-written
descriptions are fine, but these are now very rare.

While it is almost universally acknowledged that contemporaneous records are
the best practice, many times the press of business is such that a day or two (or
more) goes by without the timekeeper entering any times. Sometimes a month
may pass without any entries. Rarely years go by without any entries! At some
point a bill needs to be generated and the timekeeper is faced with the need to
reconstruct what happened a day or two or a month ago (or a year ago) with
great precision. The time will be turned in or reconstructed and the invoices may
appear to be very precise, with exact times noted for each activity, but this
surface appearance of accuracy is deceptive and the time recorded is subject to
re-evaluation by the arbitrator. When reading the bill it is very important to
remember that in the vast majority of cases each time entry in a lawyer's bill is
merely an estimate of how much time was required for the work performed that
is being described in a summary fashion.
Since the entry for time spent is done by the individual timekeeper with no one
watching, and because the ascribing of time is sometimes a very subjective thing
which must be done with some care, it is up to the timekeeper to exercise
judgment in making these estimates. Once the time is entered it is not final,
however. It is customary for larger law firms to have a draft of the bill circulated
to the partner in charge of billing on the matter. These are often called "pre-bills"
which are edited for errors and the time is written up or down in an exercise of
what is called "billing judgment" by the billing partner (who may or may not be
the lawyer actually working on the file) who originated the case for the firm.
Pre-bills have the raw data and often have cumulative totals as well. After the
pre-bill is revised it becomes the invoice. The client may or may not ever know
about this process. The final bill may or may not have some entries that read "no
charge". Following this process, the final bill is sent out to the client, with or
without an explanatory letter. Many times the pre-bills are not carefully reviewed
by the billing partner for a number of reasons, including the fact that most billing
partners are very busy and do not have or want to allocate the time to check each
bill carefully, the entries may be for timekeepers who are not readily available,
and the billing partner may have a huge stack of pre-bills to go through and only
a short time to do so since the firm wants to "get the bills out".
It is just about impossible to be certain that any one single time entry is wrong or
faked or padded. "The ‘perfect crime' [is the] padding of bills…" [W. Ross, the
Honest Hour: The Ethics of Time Based Billing by Attorneys 2 (1996)]. If, in
Example 1 above, the client is certain that the meeting required only 30 minutes
(with no travel time), then perhaps one could question the entry of 1.8 hours. But
how can one prove that the time for, say, a specific letter was really 12 minutes
rather than 30? If the time is block-billed and one does not even know how much
time is being claimed for the letter, then what? Look at the totality of the data
and consider the following three methods.

THE THREE APPROACHES TO IDENTIFYING PADDING
Assuming that one is presented with a group of invoices that seem to be (or are
claimed to be) too high, and assuming that one suspects that some irregularity
might be present, how can one evaluate these invoices for padding? There are
three ways: (1) examine the staffing; (2) quantify and evaluate the
reasonableness of the time spent on specific tasks or for major specific items;
and (3) look at the format of the bills.
A. Examine Staffing. Invoices should indicate the names of the timekeepers.
It is customary to show the hours and fees billed by timekeepers by invoice and
sometimes also cumulatively for the life of the matter. Examine these invoices
and make a list of timekeepers and their hours per invoice. Do many come and
go from invoice to invoice? If there are many timekeepers on a matter then one
should focus on the ones who are more likely to have been using what is called a
"heavy pencil" in recording their time. Who in the firm is the most likely to pad
the bill?
The least experienced lawyers are called "associates". They are employees of the
firm and are paid a salary and sometimes a bonus for billing high hours in a year.
Many firms pay bonuses if associates bill about 2,000 to 2,420 hours in a year.
Try to ascertain the plan in effect for the particular case and be aware that some
firms will allow an associate to elect a particular plan. Base salary is tied to a
certain minimum, and an associate may get a bonus for meeting specified
"billables". New associates are often not efficient but they need to record as
many hours as they can to meet their targets. The matters they work on are
usually ones where they have no direct relationship with the client. New
associates are most likely to be under great pressure to bill very high hours. If
they have not developed the discipline to record their times daily, some time may
go by before the associate enters the work description and time. Some will give
in to the temptation to guess and to exaggerate in order to meet the demands on
them, anticipating that it will be at least a month and maybe longer before
anyone questions the time. Be observant for elastic phrases to describe what they
did in a way which is easy to justify or at least hard to disprove. Phrases such as
"review documents produced by counsel, 8.0 hours", "discovery, 6.0 hours",
"prepare for trial 9.0 hours", etc., should trigger suspicion. Scrutinize newer
associates' times first. The fewer the years of practice, the higher the probability
of padding. The ABA Commission on Billable Hours Report recognizes that
hourly billing penalizes efficient and productive lawyers and "may allow, indeed
may encourage, profligate work habits" [ABA Commission on Billable Hours
Report (August, 2002), at pages 6 - 8].
It is also generally accepted that the more timekeepers on a case, the higher the
bill will be. Pay particular attention to time recorded by newer associates who

record time on the matter only briefly, such as one or two months.
B. Measure some or all of the work produced by the law firm against the hours
claimed. Evaluate this for a range of reasonableness.
What were the major items of work performed? How many hours were recorded
for this work? How many timekeepers were involved? What did they do? Did
they duplicate each other's work? Was some of this "training" time for new
lawyers? Was the client given an estimate or a budget? An "estimate" is not
binding. A budget is supposed to be accurate and binding but subject to revision
if circumstances change and the client is promptly informed.
Major tasks. One may need to quantify the time first. It may be possible to
calculate how much time was billed for certain major tasks and then to look at
the work product to see if the time falls into a range that appears reasonable. This
can be hard to do without some experience in the particular legal area involved.
While the times-by-task can be hard to assemble, sometimes the bills themselves
will have guides to that information within them if the firm employs what are
called the "Uniform Task-Based Management System" (or Codes) published by
the American Bar Association. Task-based billing codes are in fairly wide use
but are not standard and there is some debate over their usefulness. For example,
one may know that certain hours were recorded for "L240 - Motions For
Judgment" but not how many hours were shown for a specific Motion for
Summary Adjudication.
The ABA Task Codes assign litigation time within 5 groups: case assessment,
pre-trial, discovery, trial and appeal. There are also 11 optional Activities Codes
(such as "A106 - Communication (with client)" which may be used within each
of these 5 groups in the Litigation Code Set.
In Example 1 above, for example, the time billed for meeting with the client to
prepare the statement of facts would show the codes "L240" / "A106" in or right
after the descriptions of the activities and the totals for these things would (or
could) appear on the bill. Once the ABA key is in hand, this will help to break
down the time and fees into broad tasks, which may be useful information. Once
it is known that a motion for summary judgment required many hours of several
timekeepers' time, one can then come to a conclusion or ask for an explanation
of whether or not the time spent on this particular task is reasonable.
Documents. There often is a good deal of time shown for "reviewing documents"
("L320 - Document Production") in many litigation matters. First, ascertain how
many document pages were produced or reviewed. This is sometimes stated in
terms of "boxes" which is a standard file storage box normally holding anywhere
from 2,000 to 3,500 pages of documents, depending on how tightly they are
packed. Some courts and commentators mention 2,500 as the average number of

pages per box. Ask how many timekeepers reviewed the documents and how
long did it took. A general rule of thumb commonly used by experts in billing
analysis is that it will take a lawyer about 8 hours to review a box of relevant
documents. It might also require a paralegal's help at about 4 hours per box. This
can vary widely depending on the type of documents and their importance and
repetitiveness.
C. Examine the format of the invoices for patterns that suggest padding.
1. Formula billing
Every single piece of paper gets a time entry as it wends its way past the
timekeeper to its destination. It does not take more than a few seconds to read
most routine correspondence. If the timekeeper reads a group of documents in a
minute or two and then records a minimum time for each document, this may
ultimately increase the time by several hours. Look for multiple timekeepers
reading the same documents.
2. High minimum increments
The standard minimum is 1/10th of an hour or 6 minutes. If a higher minimum is
used, such as .25 or .5, this probably increases the time by 15% to 25%. Some
courts have criticized the use of a .25 or 1/4 hour minimum as being too high.
3. Time estimates
If the bills show hours in even numbers such as 8.0, 9.0, or 10.0, these are
probably estimates rather than actual time spent and should be investigated.
4. Block billing
If one amount of time is shown for working on more than one discrete task, this
is called "block billing" or "lumping" time. This is almost never allowed by
federal courts. The practice hides accountability and may increase time by 10%
to 30%. The larger the "block", the more care should be exercised.
5. Standardized work descriptions
If one sees the exact same phrases used again and again in the bills, it is likely
that some routine has set in and this allows some "down time" to find it way into
the bills. An entry such as "review documents produced by opposition, 7.5
hours" is typical.

6. Lack of detail
"Research issues", "attention to file", "discovery", "prepare for trial", and similar
statements are not specific enough to let the reader know what was done.
7. Wrong times
Sometimes a client knows that certain things took less time than was billed such
as the meeting in Example 1, above. Perhaps other meetings were for known
times or can be checked. Deposition transcripts usually have start and end times
and can be checked against billing invoices.
8. Timeliness of invoices
Was the invoice prepared at or near the time when the services were provided?
As noted above, if too much time has elapsed between the event and generating
the invoice, the times shown might be estimates or best guesses of the time
involved. On the other hand, it is possible that the timekeeper recorded his or her
time contemporaneously but did not generate the invoice for some reason. The
responsible attorney should be questioned about this.
9. Experts and outside investigators
Outside vendors such as experts or investigators should submit invoices that set
out what they did with adequate detail. Representations or proof that these
charges have actually been paid should also be produced.
10. Computer Assisted Legal Research ("CALR")
Firms such as Lexis-Nexis and Westlaw may offer "pro-forma" invoices which
are not the actual charges to the firm. The actual net amounts paid by the firm
should be determined.
11. Overhead items
Some charges such as telephone, facsimile, internet fees, extranet costs, office
supplies, library charges, seminars, continuing legal education charges, and
perhaps even basic CALR are really part of the cost of doing business and should
be reflected in the professionals' hourly rates. These should not be passed on to
the client unless the client has clearly agreed otherwise.
CONCLUSION
The vast majority of lawyers are honest and their bills are reliable statements of
what was done. However, the economic pressure on lawyers and firms is
enormous, continuous, and irrefutable. Some few timekeepers will pad the bill

by inserting extra hours from time to time, and the cumulative effect of this
practice can be very significant. Arbitrators should examine each case
appropriately by: (1) examining the staffing, (2) quantifying and evaluating the
time spent on major items of work, and (3) evaluating the form or pattern of the
invoices for padding.

EXHIBIT 7
06/28/10
06/28/10
06/29/10
06/29/10
06/29/10
06/29/10
07/26/10
07/26/10
07/28/10

JLN
GMC
JLN
GMC
JLN
GMC
GMC
JLN
JPF

07/28/10
07/31/10
07/31/10
07/31/10
08/06/10
08/06/10
08/08/10
08/08/10
08/08/10
08/08/10
08/15/10
08/15/10
08/30/10
08/30/10
08/30/10
08/30/10
08/30/10
08/30/10

JLN
JLN
GMC
JPF
JLN
JPF
JPF
GMC
JLN
JLN
JPF
GMC
JLN
GMC
JLN
GMC
GMC
JLN

09/15/10
09/15/10

GMC
JLN

09/25/10
09/25/10
09/28/10
09/28/10
09/28/11
10/02/10
10/02/10
10/02/10
10/02/10
10/11/10
10/13/10

JLN
JPF
JLN
JPF
JLN
JLN
JPF
JLN
JPF
JPF
JLN

10/13/10

JPF

10/15/10
10/15/10
11/16/10
11/16/10
12/10/10
12/10/10

GMC
JLN
JLN
GMC
JLN
GMC

Review of correspondence w/Jonathan Moore re: AS
Review of correspondence w/Jonathan Moore re: AS
E-mail from GC re: Stop and Frisk case
Email from JN re: Stop and Frisk case
E-mail to GC re: Stop and Frisk case
Email to JN re: Stop and Frisk case
Review of email from JN re: Del Pozo
Sent E-mail to GC re: Del Pozo
E-mail from JN re meeting with Polanco/Graham Raymond
& Rocco P.
E-mail to JF re meeting with Polanco, Raymond & Rocco
E-mail from JF re edited complaint
E-mail from JF re edited Complaint
E-mail JN & GC re edited Complaint
E-mail from JF re: complaint revisions
E-mail to JN re Complaint revised
Email to JN re: revision of Schoolcraft complaint
Review of email re: revision of Schoolcraft complaint
Review of E-mail re: revision of Schoolcraft complaint
E-mail to JF with additional allegations for complaint
E-mail from GC re NYPD blog picking up case
E-mail to JF re NYPD blog picking up case
E-mail correspondence w/GC re: MG (PO in 8lst precinct)
Email correspondence w/JN re: "MG" (PO in 81st precinct)
E-mail w/ GC re: ACC Donna Canfield
Email w/JN re: ACC Donna Cannfield (DC)
Review of Donna Canfield (DC) Notice of Appearance
Reviewed Notice of Appearance by Donna Canfield ("DC")
on behalf of The City Of New York
Review of stip extending time for Benier answer
Reviewed defendant Bernier's endorsed stipulation
extending time to answer
E-mail from JF re: upcoming fed meeting with AS
E-mail from JN re fed meeting
E-mail from JF re article in Russian news
E-mail from JN re article in Russian news
E-mail from JF re law enforcement privilege
E-mail from JF re whistleblower cop
E-mail from JN re whistleblower cop
E-mail re whistleblower cop from JF
E-mail re whistleblower cop from JN
E-mail from JN re Lewis whistleblower cop
Discussion with JF re agreement on briefing sched. w/
defendant Jamaica Hosp.
Discussion with JN re agreement on briefing sched. w/
defendant Jamaica Hosp
Review of order setting deadlines for Motion to Dismiss
Reviewed order re: defendant JHMC's motion to Dismiss
E-mailed GC re: changes to Schoolcraft Floyd affidavit
Emailed JN re: changes to Schoolcraft Floyd affidavit
E-mail w/ GC re: HIPAAs for AS meds
Email w/JN re: HIPAAs

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

12/17/10
12/17/10
01/01/11
01/01/11
01/25/11

JLN
JPF
JPF
JLN
JPF

E-mail from JF re AS benefits
E-mail to JN re AS benefits
E-mail from JN re Wall Street Journal article about case
E-mail to JF re WSJ article about case
Email from GC re statements from Jamaica Hospital to
Village Voice
Email Response to GC re statements from Jamaica Hospital
to Village Voice
E-mail correspondence w/ GC re: Seth Harris verdict finding
quota in Carolyn Samuels case
Email correspondence w/JN re: Seth Harris verdict finding
quota
E-mail from GC re: additional dep noT/ces to be served
Email from JN re: dep notices to be served
E-mail from City on relevancy redaction issue
E-mail to City re: redaction issue
sent GC E-mail re: objections to discovery plan
Review of JN email re: objections to discovery plan
Review of email by JN to DC re changes
Sent draft E-mail to DC re changes for review
E-mail from JF re law enforcement privilege
Review of order re: pretrial conference
Review order adjourning conf.
Email from GC re: supplemental demands
Email from JN re: supplemental demands
Review Notice of Appearance for City Defendants
Review notice of appearance for City Defendants
Reviewed Notice of Apperance by Max Leighton on behalf
of City
Email from JN re: Cancellation of Adrian and Larry trip to
NYC

0.10
0.10
0.10
0.10
0.10

01/25/11

JPF

02/19/11

JLN

02/19/11

GMC

05/19/11
05/19/11
07/09/11
07/09/11
07/15/11
07/15/11
07/18/11
07/18/11
09/28/11
12/07/11
12/07/11
02/07/12
02/07/12
02/07/12
02/07/12
02/07/12

JLN
GMC
JLN
JLN
JLN
GMC
GMC
JLN
JLN
GMC
JPF
JLN
GMC
JLN
GMC
JLN

02/10/12

GMC

02/10/12

JLN

E-mail to GC re: Cancellation of Adrian and Larry trip to
NYC

0.10

02/10/12

GMC

Review of email to Jeremy (Meridian Investigations) re:
subpoena of Schoolcraft records

0.10

02/10/12

JLN

0.10

02/10/12

GMC

02/10/12

JLN

03/07/12
03/07/12
03/07/12
03/07/12

JPF
GMC
GMC
JLN

03/12/12
03/12/12
03/13/12

JPF
JLN
GMC

03/13/12

JPF

Review of E-mail to Jeremy Steven (investigator) re:
subpoena of Schoolcraft records
Email from JN re: Cancellation of Adrian and Larry trip to
NYC
E-mail to GC re: Cancellation of Adrian and Larry trip to
NYC
Email from GC re: conversation with Larry and Adrian
Email to JN an JF re: conversation with Larry and Adrian
Review of NOA by Suzanna Publicker ("SP")
Reviewed Notice of Appearance by Suzanna Publicker on
behalf of City
Email from JN re corrections
E-mail to JF re corrections to motion to reinstate
Email from PBS producer Weinrich on documentary of
Schoolcraft
Email from PBS producer Weinrich on documentary of
Schoolcraft

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

03/14/12
03/14/12
03/14/12
03/14/12
03/14/12
03/30/12
03/30/12
03/30/12
04/02/12
04/02/12
04/02/12
04/02/12
04/04/12
04/04/12
04/04/12
04/04/12
04/04/12
04/04/12

JLN
GMC
JPF
JLN
JPF
GMC
JLN
JLN
JPF
JLN
JPF
JLN
JPF
JPF
JPF
JPF
JLN
JPF

04/05/12

JLN

04/05/12

JLN

04/09/12
04/09/12
04/10/12
04/10/12
04/13/12
04/13/12
04/13/12
04/19/12

JLN
GMC
GMC
JLN
GMC
JPF
JLN
JPF

04/24/12

GMC

04/25/12
04/25/12
04/30/12
04/30/12
05/02/12
05/02/12
05/24/12
06/04/12
06/04/12
06/05/12
06/05/12
06/06/12
06/06/12
06/06/12
06/08/12
06/08/12

JPF
GMC
JLN
JPF
JPF
JLN
GMC
JPF
GMC
GMC
JLN
JPF
GMC
JLN
JPF
JLN

06/08/12

GMC

07/09/12

JPF

Review of NY Times article on Schoolcraft
Review of NY Times article on Schoolcraft
Email to JN with proposed Amended Complaint
E-mail from JF with proposed amended complaint
Email from Nic re doc in connection w/ Schoolcraft meeting
Emailed proposed AEO stip to the City
E-mailed proposed AEO stip to the City
E-mail from City re: IAB docs and extending time to produce
Email from Bernier consenting to amendment
E-mail from Bernier consenting to amendment
Email from Isacov consenting to amendment
E-mail from Isakov consenting to amendment
Email from JHMC
Email from JHMC
Email to JHMC
Email from JHMC re change in amended language
E-mail from JHMC regarding change in amended language
Email to City re updated version of proposed Amended
Complaint
E-mail from City stating reasons why they oppose
amendment to complaint
E-mail from City stating reasons why they oppose
amendment to complaint
E-mail correspondence w/GC re: discovery responses
Email correspondence w/JN re: discovery responses
Email re: Schoolcraft arrival to NYC
E-mail re: Schoolcraft arrival to NYC
Email from plaintiff re 1st Amendment claim
Email from plaintiff re 1st Amendment claim
E-mail from plaintiff re 1st Amendment claim
Email correspondence to City correcting Lt. Gough for
Amended complaint
Email correspondence to City correcting Lt. Gough for
Amended Complaint
Email from City on Vallone subpoena extension
Email from City re: Vallone and Vans subpoenas
E-mail from JF to City re additions to protective order
Email from JN to City re additions to protective order
Email from JN to City re confidentiality and discovery issues
E-mail to JF to City re confidentiality and discovery issues
Review of NOA-Walter Kretz ("WK")
Letter from Kretz re discovery
Review of WK correspondence re: discovery
Review of email correspondence between SP and Times
Review of E-mail correspondence between SP and Times
Email from defendants re inventory
Review of email correspondence between SP and Times
Review of E-mail correspondence between SP and Times
Read and review of Times letter re inventory
Read ltr from NYT counsel re: inventory of confidential
materials for
Review of correspondence with NY Times and SP re:
Schoolcraft materials
Email from City on relevancy redaction issue

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

07/09/12
07/13/12
07/13/12
07/17/12

JPF
JPF
JLN
JLN

07/17/12
07/24/12
07/24/12
08/10/12
08/10/12
08/10/12
08/10/12
08/10/12
08/10/12
08/10/12
08/10/12
08/10/12
08/13/12
08/13/12
08/13/12
08/13/12
08/14/12
08/14/12
08/14/12
08/14/12
08/14/12
08/14/12
08/14/12
08/14/12
08/14/12
08/15/12
08/15/12
08/15/12
08/15/12
08/15/12
08/15/12
08/15/12
08/16/12
08/16/12
08/16/12
08/16/12
08/20/12

GMC
JLN
JPF
JLN
JPF
JLN
JPF
JLN
JLN
GMC
JPF
JLN
JPF
JLN
GMC
JLN
JPF
JLN
JLN
JPF
JPF
JLN
JLN
GMC
JLN
GMC
JPF
JLN
JLN
JPF
JPF
JLN
JPF
JLN
JPF
JLN
JLN

08/20/12

JPF

08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12

GMC
JPF
JLN
GMC
JPF
JLN
GMC
JPF
JLN

Email to City re redaction issue
Email from City regarding tax return authorizations
E-mail from City regarding tax return authorizations
E-mail w/GC re: upcoming meeting in Albany with
Schoolcrafts
Email w/JN re: meeting in Albany with Schoolcrafts
E-mail from JF re Albany meeting w/ Schoolcrafts
Email to JN re Albany meeting w/ Schoolcrafts
E-mail from JF re extension of discovery
Email from JN re extension of discovery
E-mail to JF re extension of discovery
Email from JN re plaintiff's dep
E-mail to JF re plaintiff's dep
E-mail w/GC re Schoolcraft breach affidavit
Email w/JN re Schoolcraft breach affidavit
Response email re deposition from Greg R.
Response E-mail regarding deposition from Greg R.
Email from Brian Lee re deposition
E-mail from Brian Lee regarding deposition
Review of email from SP re: scheduling AS depo
Review of E-mail from SP re: scheduling AS depo
Email from Brady re deps
E-mail from Brady re deps
E-mail from JF re letter to City w/ tax authorizations
Email from JN re letter to City w/ tax authorizations
Email from JN re plaintiff's dep
E-mail to JF re plaintiff's dep
Review of correspondence re Tax returns
Review of correspondence re Tax returns
Drafted letter to defense counsel re: Schoolcraft tax returns
Email correspondence re: Schoolcraft deposition
Email from B Brady re plaintiff's dep
E-mail from B Brady re plaintiff's dep
E-mail from B. Lee re plaintiff's dep
Email from B: Lee re plaintiff's dep
Email from Brian Lee re subpoenaed docs
E-mail from Brian Lee re subpoenaed docs
Email from City re plaintiff's dep
E-mail from City re plaintiff's dep
Email from JN re plaintiff's dep
E-mail to JF re plaintiff's dep
Review of E-mail from JF to City re amendment adding Lt.
Hanlon
Review of email from JN to City re amendment adding
Hanlon
Email from Brady consenting to Amendment
Email from Brady consenting to Amendment
E-mail from Brady consenting to Amendment
Email from Brady re scheduling AS dep
Email from Brady re scheduling AS dep
E-mail from Brady re scheduling AS dep
Email from City requesting copy of complaint
Email from City requesting copy of complaint
E-mail from City requesting copy of complaint

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/21/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/22/12
08/23/12
08/23/12
08/23/12
08/23/12
08/23/12
08/23/12
08/28/12
08/28/12
08/28/12
08/28/12

GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
JLN
JLN
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
JLN
JPF
GMC
JLN

08/28/12

GMC

08/28/12

JPF

08/29/12
08/29/12
08/29/12
08/29/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12
09/10/12

JPF
GMC
GMC
JPF
JLN
JLN
GMC
JPF
JLN
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF
GMC
JPF

Email from Lee consenting
Email from Lee consenting
Email from Lee re scheduling AS dep
Email from Lee re scheduling AS dep
Email to City w/ Amended Complaint
Email to City w/ Amended Complaint
Email from City re AS dep date
Email from City re AS dep date
E-mail from City re AS dep date
E-mail from GC re dep dates
Email from Greg Rad re AS dep
Email from Greg Rad re AS dep
Email from JN re dep dates
Email from JN re dep dates
Email from Kretz re AS dep date
Email from Kretz re AS dep date
Email from Lee re AS dep date
Email from Lee re AS dep datr
Email from Brady re plaintiff's dep date
Email from Brady re plaintiff's dep date
Email from Lee on plaintiff's dep dates
Email from Lee on plaintiff's dep dates
Email from Lee re second day for AS dep
Email from Lee re second day for AS dep
E-mail from GC re Chief article
Email from GC re Chief article
Email JN and JF re Chief article
E-mail from JF to defendants enclosing responses to
discovery
Email from JN to defendants enclosing responses to
discovery
Email from JN to defendants enclosing responses to
discovery
Email 2 & 3 froin JN re discovery to defendants
Email 2 & 3 from JN re discovery to defendants
Email from JN to defendants enclosing discovery
Email from JN to defendants enclosing discovery
E-mail from GC re 120 day extension of discovery deadline
E-mail from JF re 120 extension of discovery deadline
Email from JN re 120 day extension of discovery
Email from JN re 120 extension of discovery
E-mail to JF re 120 extension of discovery deadline
Email response from Brady
Email response from Brady
Email response from City
Email response from City
Email response from Greg Rad
Email response from Greg Rad
Email response from Kretz
Email response from Kretz
Email response from Lee
Email response from Lee
Email to City re Hanlon amend
Email to City re Hanlon amend

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

09/10/12
09/10/12
09/10/12
09/24/12
09/24/12
09/24/12
09/24/12
09/24/12
09/24/12
09/24/12
09/24/12
09/24/12
09/24/12
09/24/12
09/25/12
09/25/12
09/26/12
09/26/12
09/26/12
09/26/12

GMC
JPF
JLN
JPF
JLN
JLN
JPF
JLN
JPF
JLN
JPF
JPF
JPF
JPF
JPF
JLN
GMC
JLN
JLN
JPF

09/26/12
09/26/12
09/26/12

JPF
JLN
JPF

09/26/12
09/26/12
09/26/12
09/26/12
09/26/12
09/26/12
09/26/12
09/27/12
09/27/12
10/12/12
10/12/12
10/12/12
10/12/12

JPF
JLN
JPF
JLN
JLN
GMC
JLN
JPF
JPF
JPF
JLN
JPF
JLN

10/18/12

GMC

10/18/12

JPF

11/02/12
11/02/12
11/07/12
11/07/12
11/13/12
11/13/12
02/11/15
02/11/15
02/13/15

GMC
JLN
JLN
GMC
GMC
JPF
GMC
JLN
JLN

02/13/15

GMC

Response from City on Hanlon amend
Response from City on Hanlon amend
Response from City on Hanlon amend; notes re: same
Email from City
E-mail from City re: amended complaint
E-mail response from Kretz
Email response to Kretz & City
E-mail response to Kretz & City
Email to defendants re service of amended complaint
E-mail to defendants re service of amended complaint
Response from B Lee
Response from Greg R
Response from Kretz
Response from Kretz
Email from Greg R re Lauderborn dep
E-mail from Greg R re Lauterborn dep
Brady email re: service of process
Brady E-mail re: service of process
E-mail from JF adjourning dep of AS
Email from JN adjourning dep of AS re: medical issues he
was having
Email from Kretz re Launderborn dep
E-mail from Kretz re Lauterborn dep
Response email from B Brady re service of amended
complaint
Response from B Lee
Response from B Lee re: adj.
Response from Kretz
Response from Kretz re: adj.
Review of E-mail from GC adjourning AS dep
Review of email from JN adjourning AS dep
E-mail to JF adjourning dep of AS
Response from City
Response from Greg R
Email from JN re photos used @ AS dep
E-mail to JF re photos used at AS dep
Email from JN to City re allowing AS access to QAD report
Email to JF to City re allowing AS access to QAD
report
Review of email from B Lee asking that plaintiff withdraw
opp to extra day of dep for AS
Review of email from B Lee asking that plaintiff withdraw
opp to extra day of dep for AS
Email from JN re: Schoolcraft phone numbers
E-mail to GC re: Schoolcraft phone numbers
E-mail w/ GC re: service of newly named defendants
Email w/JN re: service of newly named defendants
Correspondence from City re rep of AS
Correspondence from City re rep of AS
Review of email from AS
Review of E-mail from AS regarding trial
Review of letter by Ryan Shaffer requesting more time for
reply and 2 week adjournment of trial
Review of letter by Ryan Shaffer requesting more time for

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

02/13/15
02/13/15
03/04/15

JLN
GMC
JLN

03/04/15

GMC

03/04/15

JLN

03/04/15

GMC

03/04/15
03/04/15
03/11/15
03/11/15
03/23/15
03/23/15
03/26/15
03/26/15
03/26/15
03/26/15
03/26/15
03/26/15
03/27/15

GMC
JLN
JLN
GMC
GMC
JLN
GMC
JLN
GMC
JLN
JLN
GMC
JLN

03/27/15
03/27/15

GMC
GMC

03/27/15

JLN

03/30/15
03/30/15
04/01/15

JLN
GMC
JLN

04/01/15
04/01/15
04/02/15

JLN
GMC
JPF

04/02/15

JLN

04/03/15
04/03/15
04/05/15
04/05/15
04/07/15
04/07/15
04/08/15

JLN
GMC
JLN
GMC
JLN
GMC
JLN

04/08/15

JLN

04/08/15
04/11/15
04/11/15
04/15/15

JLN
GMC
JLN
GMC

reply and 2 week adjournment of trial
Review of order setting trial date to April 20, 2015
Review of order setting trial date to April 20, 2015
E-mail exchange GC regarding Velez PBA transcript, copy
of same
E-mail exchange JN regarding Velez PBA transcript, copy of
same
E-mail exchange with GC regarding identity of other IAB
investigator
E-mail exchange with JN regarding identity of other IAB
investigator
E-mail froim JN with revised witness list
E-mail to GC with revised witness list
E-mail w/NS and GC re: exhibits and meeting
Email w/NS and JN re: exhibits and meeting
Email from JN w/portion of Lauterborn cross re James
E-mail to GC portion ofLauterbom cross re: Sgt. James
Email correspondence w/AS re Kretz Jetter
E-mail correspondence w/AS re Kretz letter
Email from JN re: medical records
E-mail to GC re: medical records
Review of Kretz letter re film
Review of Kretz letter re film
E-mail correspondence between GC and Merry Soete re:
AS Audio Clips
Email correspondence w/Merry Soetano re: AS audio clips
Phone call JN regarding preparing for conference call with
NS today and using Veritext software
T/c GC regarding preparing for conference call with NS
today and using Veritext software
E-mail from GC w/AB report
Email from JN w/IAB report
E-mail exchange regarding setting up meeting for tomorrow
with trial team
E-mail re: meeting w/GC, and NS team
Email re: meeting w/JN, and NS team
Phone call with JN regarding area of expertise and scope of
testimoy for Eterno
T/c with JF regarding area of expertise and scope of
testimoy for Eterno
E-mail to GC including AS performance report
Review email from JN including AS performance report
E-mail to GC including AS W2's
Review email from JN including AS W2s
Review of SK comments on JF MIL draft
Review of SK comments on JF MIL draft
E-mail from GC to NS stressing need to ensure trial goes
forward as planned & does not get delayed
E-mail from GC to NS stressing need to ensure trial goes
forward as planned and does not get delayed
E-mail from NS re: proposing team meeting for this Friday
Email w/NS re Home Invasion Transcript
E-mail w/NS re Home Invasion Transcript
Emailed w/JN and NS re mediation offer from the City

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

04/15/15
04/15/15
04/15/15
04/21/15

JLN
JLN
GMC
JLN

E-mailed wiGC and NS re mediation offer from the City
Phone call w/ GC re Boston unavailability
Phone call w/JN re Boston unavailability
Review of letter from City requesting more time for MIL

0.10
0.10
0.10
0.10

05/13/15
05/13/15
05/14/15

GMC
JLN
GMC

0.10
0.10
0.10

05/15/15

GMC

05/18/15
05/18/15
05/21/15
05/21/15
05/28/15
05/28/15
05/29/15

JLN
GMC
JLN
GMC
JLN
GMC
GMC

05/29/15

JLN

06/23/15

GMC

06/23/15

GMC

06/24/15

GMC

06/24/15
06/24/15

GMC
JLN

06/29/15

JLN

06/29/15
07/02/15

JLN
JLN

07/02/15
07/03/15
07/07/15

JLN
JLN
GMC

07/07/15

JLN

07/20/15

GMC

07/20/15

JLN

07/27/15
07/27/15
07/29/15
07/29/15
07/30/15
08/09/15
08/10/15
08/09/15

GMC
GMC
GMC
JLN
GMC
JLN
JLN
GMC

Email correspondence w/SK re conference
E-mail correspondence w/SK re conference
Email correspondence all parties re: pretrial submissions
schedule
Email correspondence all parties re: pretrial submissions
schedule
Review of letter motion filed by City re: JPTO dates
Review of letter motion titled by City re JPTO dates
E-mail from NS re settlement offer from City
Email NS resettlement offer from City
E-mail GC re Veritext bill
Email JN re Veritext bill
Email correspondence all parties re: pretrial submissions
schedule
E-mail exchange w/ all parties re: pretrial submissions
schedule
Review of email correspondence re: opposition to
reconsideration motions
Review of email correspondence re: opposition to
reconsideration motions
Review of email corresponclence re: opposition to
reconsideration motions
Review of email correspondence w SK re: motion schedules
Review of E-mail correspondence w SK re: motion
schedules
E-mail from JF to team adding case law to oppose
bifurcation
E-mail to NS /JL adding case law for opposing bifurcation
E-mail from Scheiner to all counsel re: City's latest doc
production
Letter from Scheiner to NS re: latest City productions
E-mail from NS forwarding City's latest production
Review of email correspondence between NS team re
Eterno
Review of E-mail correspondence between NS
team re Eterno & Silvennan
Review of Email correspondence between JN and NS re:
John Eterno
Sent GC E-mail correspondence between Myself and NS re:
John Eterno
Email w MS re: master exhibit list
Email JN re Polanco as witness
Emails with Schoolcraft team re: settlement
E-mails with Schoolcraft team re: settlement
Emails with Schoolcraft team re: settlement
E-mail correspondence re: JPTO and motion deadlines
E-mail correspondence re: JPTO and motion deadlines
Review of email correspondence re: JPTO and motion
deadlines

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

08/10/15

GMC

08/13/15
08/13/15
08/14/15
08/14/15
08/21/15
08/21/15
09/11/15
09/11/15
09/16/15
09/16/15

JLN
GMC
GMC
JLN
GMC
JLN
JLN
GMC
GMC
JLN

Review of email correspondence re: JPTO and motion
deadlines
Review of correspondence all parties re: JPTO
Review of correspondence all parties re: JPTO
Email re: City filing JPTO without our input
E-mail re: City filing JPTO without our input
Email all parties re MIL due date
E-mail all parties re MIL due date
E-mail to GC re Schoolcraft timeline
Email w/JN re Schoolcraft timeline
Review of NS email to Schoolcraft resettlement
Review of NS e-mail to Schoolcraft resettlement

0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.10

EXHIBIT 8

Suckle
10/25/13
11/04/13
01/08/14
08/13/13
09/04/13
10/15/13
02/09/14
08/01/13
08/22/13

HS
HS
HS
HS
HS
HS
HS
HS
HS

10/07/13
02/11/14
08/02/13
10/29/13
11/13/13
11/18/13

HS
HS
HS
HS
HS
HS

03/25/15
08/06/13
08/07/13
10/15/13
08/10/14
09/13/13

HS
HS
HS
HS
HS
HS

02/14/14
07/31/13
10/22/13
10/28/13
04/22/14
10/21/13

HS
HS
HS
HS
HS
HS

10/28/13
10/01/13

HS
HS

10/18/13
12/08/14
04/20/14
10/25/13

HS
HS
HS
HS

02/10/14
10/17/13
10/02/13
02/12/14
04/23/14
02/11/14
10/24/13
Lenoir
07/14/15

HS
HS
HS
HS
HS
HS
HS

reviewed Nat Smith email re: discovery
emails to team
email to John Lenoir
emails to and/or from Nat Smith
reviewed status report
read John L status report
call and email re: Deposition of hospital with deft counsel
emails from and/or to Nat Smith
reviewed availability, called and emailed Nat Smith re: my
availability for depos
read Kretz transcript
reviewed client's deposition questions
reviewed amended complaint
emails to team re: motion for video dep/ research
Appeared for SDNY motion: re video depositions
telephone call with John Lenoir and emails re: Larry
Schoolcraft deposition
prepared request to charge
reviewed Jamaica Hospital's doc exchange
read Plaintiff's depo
reviewed motion papers for motions of 10/16
reviewed expert report and emailed team re: expert report
reviewed departmental action affect on case by city and
emailed to group
researched statutory duty
meeting with Nat Smith to review role and case
meeting with Nat Smith to review case
performed research on video tape depositions
preparation Aldana-Bernier deposition
reviewed Aldana-Bernier interrogatories and further prep for
depo
reviewed motion by medical deft re; video depo/6 emails
prep for inspection of Schoolcraft home and Hosp: reviewed
records & depo of pit
prep for Aldana-Bernier depo
researched statutory standard and emailed team with research
preparation Aldana-Bernier deposition
appeared for Aldana-Bernier depo and strategized with John
Meg and Nat Smit
deposition preparation
started review of dots from drop box invasion tape
home and hosp inspection and Scene inspection
prep and conducted Isakov deposition
prep and conducted Aldana-Bernier deposition
prep Isakov deposition
prep deposition binder for Aldana-Bernier depo

JL

Review / research of JHMC Opposition Memo re: Halpren-

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0.20
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1.50
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1.50
1.75
2.10
2.50
2.50
2.50
3.00
3.25
3.50
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4.00
4.25
4.50
5.00
5.20
6.00
6.25
7.25
8.00
9.00
10.00
0.20

08/24/13

JL

09/13/13
10/09/13

JL
JL

10/10/13
12/07/13
02/03/14
02/26/14
02/27/14
02/27/14
03/05/14
04/15/14
05/05/14
06/21/14
03/10/15
03/18/15
04/24/15

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06/23/15

JL

02/19/13

JL

05/16/13

JL

08/06/13

JL

09/30/13
10/13/13

JL
JL

10/14/13

JL

10/25/13
12/24/13

JL
JL

01/02/14

JL

02/23/14
02/25/14
02/28/14
03/03/14
03/07/14
03/13/14
03/14/14
03/21/14

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03/25/14
07/30/14
10/20/14

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11/03/14
05/01/15

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JL

Ruder.
Telephone conference with Smith re invest report on DCPI
Brown
Prepare status report for client
Telephone conference with Smith and client re case status
after Marino depo
Telephone conference with Smith re depositions
Telephone conference with Smith re Mauriello counterclaim
Telephone conference with Smith re deposition schedules
Prepare examination before trial materials for Duncan.
Prepare examination before trial Marquez.
Prepare for Sangianetti.
Prepare examination before trial materials for Timothy Trainor.
Review ECF filing by JHC defendant.
Telephone conference with Smith re proposed mtn to compel
Draft and review law enforcement expert retainer agreement.
Telephone conference with Nat.
Review of trial; prepare exhibits.
Telephone conference with Nat Smith re possible settlement
strategy
Discussion with Nat Smith re: opposition to consideration
motions.
Telephone conference with EDNY Civil Rts Chief Pam Chen;
document preparation.
Telephone call with Nat Smith and Helena Melisi re: NYPD
reinstatement options for AS.
Confirm with Tom Litwack meeting re: Expert Witness
participation
Review of Mauriello examination before trial notes.
Telephone conference with Smith and NYACLU re assistance
in case
Telephone conference with Smith re status of case and share
of responsibilities
Appearance in court re attorney video of deposition--Bernier
Telephone conference with Smith and client re case status and
possible settlement range
Telephone conference with Smith re status and schedule of
depositions
Telephone conference. Smith re depositions
Prepare examination before trial materials for Weiss.
Prepare examination before trial docs for Sergeant James.
Prepare examination before trial materials for Broschart.
Research re: NYS CPL 190.25(4).
Hearing and conference. SDNY Sweet, J., re discovery status
Review scheduling for examination before trial.
Review City Defendants' correspondence re: discovery
demands.
Review City Defendants' supplemental discovery demands.
Telephone conference with Smith and LE experts re repost
Meeting (conference call) with client and Smith re City
settlement possibilities
Telephone conference with Smith re: 3rd Amended Complaint.
Telephone conference with Nat Smith re trial responsibilities,
tactics and overall strategy

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06/22/15

JL

07/06/15
07/27/15
04/01/13

JL
JL
JL

06/09/13

JL

02/06/14
02/13/14

JL
JL

03/09/14

JL

03/30/14
04/04/14

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JL

04/26/14
05/07/14
05/31/14
06/19/14
06/25/14

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JL

06/29/14

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07/02/14

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08/04/14

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08/16/14

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10/10/14

JL

10/14/14

JL

10/29/14
11/18/14

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JL

11/20/14

JL

02/04/15
02/19/15
08/14/15
08/21/15
02/21/13

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JL

04/25/13

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12/30/13

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02/16/14

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03/05/14

JL

Discussion re: opposition to city & summary motions to
reconsideration (Nat Smith).
Review draft of opposition memo for reconsideration.
Review documentary film on client with Eterno.
Meeting with Peter Gleason to prepare for client meeting April
7 and court appearance April 10
Review and edit of Memorandum and proposed Order for filing
with Court
Conference call with client re: discovery.
Review with Smith notes and exhibits of depositions of Bernier
and Isakov.
Review research re: response to City Defendants nonproduction.
Review jury instructions with Magdelena.
Review correspondence to Court re: referral to Magistrate;
consult re: settlement strategy.
Telephone conference with client and Smith re: settlement.
Prepare and review response to City Motion re: 30(b)(6) EBT.
Skype conference with client to review discovery, etc.
Status update on discovery schedule for client and trial team.
Telephone conference with party counsel and co-counsel
re:discovery scheduling.
Telephone conference with client; co-counsel and expert
(Lubit) re: scheduling of evaluation meeting.
Telephone conference with client re: deposition review and trial
preparation; Adrian departs NYC via Amtrak
Telephone conference with LE experts; Eterno and Silverman
with Nat Smith.
Telephone conference with Nat Smith re: expert report follow
up and deposition.
Tel Conference with Lubit and Silverman re: schedule and
prepare for deposition.
POV (Nat Smith) to and from Molloy College from NYC for
meeting with LE expert Eterno; to discuss expert report and
prepare for Dr. Eterno for examination before trial.
Hearing before Judge Sweet.
Review of legal assistant's work in summarizing deposition
transcripts.
Follow up re: Lubit deposition and prep materials for trial
testimony.
Meeting with Nat re: summary judgment motions.
Review of examination before trial summaries.
Meeting with Smith re JPTO
Draft letter to court re experts at trial.
Telephone conference with Peter Gleason and client
Schoolcraft in reference to case preparation for trial (DOJ letter
review).
Meeting with Adrian Schoolcraft and Nat Smith to prepare
client for depositions; review status of case
Confer with John Curran re Stroz Friedberg analysis of
recording device and audio enhancement
Telephone conference with client and Smith re case status and
way ahead
Review discovery and depositions; update case status report

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1.25
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1.25

03/07/14
03/18/14

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JL

05/09/14

JL

07/22/14
08/22/14

JL
JL

04/28/15

JL

07/17/15

JL

02/20/13
03/20/13

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JL

05/17/13

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09/04/13

JL

10/23/13

JL

12/02/13

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01/15/14

JL

02/04/14
02/18/14
02/24/14

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JL
JL

03/04/14

JL

03/17/14

JL

03/27/14

JL

03/31/14

JL

04/02/14
04/03/14

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JL

04/07/14
04/14/14

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JL

04/27/14

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04/29/14

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05/13/14

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05/30/14

JL

07/21/14

JL

for client
Draft, review and edit correspondence re: discovery.
Review and consultation with Mauriello counsel re: scheduling
of inspection in Johnstown, New York; related discovery review
and research.
Review hospital records; City production re: 081 lockers;
prepare status report.
Status conference with Smith and client.
Confer with all expert witnesses re: schedule availability for
depositions.
Telephone conference with Nat Smith; call to Roy Lubit re: trial
schedule.
Discussion and review re: Compstat Records; PD expert
disclosure.
Prepare draft letters to DOJ--Main Justcie and USAO, EDNY
Final Draft, review and mail of letters to Main Justice and US
Attorney
Telephone call with Nat Smith 3:30-4:15 and draft email re:
strategy for NYPD departmental hearing June 17-18, 2013.
Prepare biweekly status report for client;; review motion status
and prepare case report.
Telephone conference with Smith re PD expert report and
testimony; Tel Conf w/Eterno
Telephone conference with Smith and client re case status of
depositions
Appearance in court, Sweet, J. re discovery; confer with Smith
and Bauza re status
Prepare and review discovery demands.
Review of discovery demands with counsel and client.
Review file to prepare examination before trial material for
Gough.
Counsel conference call. Smith re status and strategy. Needs
for trial preparation.
Review schedule of examination before trial w Smith and
opposing counsel.
Prepare, review, and edit correspondence re 30(b)(6)
examination before trial.
Consultation re: settlement context strategy and demands.
(Smith and client)
Prepare draft trial memorandum.
Review terms and strategy re: settlement negotiations. Smith
and client.
Review filings (ECF posts) and correspondence.
Telephone conference with client, Smith and MJ Freeman re:
settlement demands and discovery issues.
Telephone conference with client re: settlement and trial
strategy re: medicall defendants and PTS.
Schoolcraft meeting (client and Smith) re: settlement strategy
and discovery schedule.
Drive (Lenoir's POV) from 111 Broadway, NY, NY to Long
Island to meet with Lt Ferrara (ret)
Review w/co-counsel EBT Jamaica Hospital 30(b)(6); Skype
conference with client (:30).
Review of discovery and depositions.

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07/31/14
08/01/14
08/14/14

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08/15/14
08/29/14
09/02/14

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09/07/14
09/24/14

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10/06/14

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10/16/14

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10/22/14

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12/04/14

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12/22/14
01/07/15

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JL

02/28/15
03/22/15
03/28/15
04/15/15

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JL
JL
JL

04/17/15

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06/24/15
06/05/13

JL
JL

10/16/13

JL

12/01/13

JL

01/12/14
02/05/14
02/19/14

JL
JL
JL

05/01/14

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05/02/14

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05/15/14

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06/16/14
07/09/14

JL
JL

Preparing letter to Court; tel conf w/Smith and LE experts
Draft case status report; update Trial Memorandum.
Research and review existing material re: expert depositions
and dispositive motions.
Prepare for depositions of plaintiff's experts.
Review Court Order re: discovery; confer with Smith.
Confer with co-counsel on expert discovery response,
schedule of depositions.
Review PD expert Silverman prior research.
Expert deposition: Review Lubit deposition; review defendants'
expert reports; prepare for LE experts.
Review of discovery correspondence and scheduling of
remaining depositions.
Conference with client and Smith re: settlement options and
trial strategy.
Review of 2nd Amended Complaint; research for proposed 3rd
Amendment.
Review draft of 3rd Amended Complaint and motion v.
Mauriello.
Review plaintiff motion for summary judgment.
Meeting with Nat Smith and James McCutcheon re: review of
Compstat DVD's.
Review of Mauriello Rule 56.1.
Trial exhibits preparation.
Update Trial Memo
Review of additional discovery by City Defendants re:
Lamstein.
Review of City Proposal for settlement; telephone call to
Schoolcraft re: City Settlement offer.
Prepare opposition response re bifurcation.
Appearance in court; Sweet, J. redpositions and discovery
status; post hearing conf w/Smith
co-counsel at deposition Dfnt Bernier - 111 Broadway- by H.
Suckle
Review of Marino and Lauterborn examinations before trial to
identify areas for motion to compell and additional requests for
production.
Prepare for Hanlon deposition; review docs and audio files
Conference with Smith re: discovery demands.
Review of correspondence re: discovery demands. tel conf
client and Smith re discovery
Conference with Smith re: prior counsel fees/expenses; brief
client on settlement issues; research re: use/abuse of
psychiatry for poitical intimidation and retaliation.
Review and conf (all counsel) with re: deposition schedules;
review case law re: settlement (range of awards of involuntary
confinement, false arrest..).
Review of EBT; review case and settlement strategy with client
and Smith
Prepare status report for client; draft trial memo
Negotiate expert agreements with Dr. Silverman and Dr.
Eterno; draft retainer contracts; conference call to resolve
issues, finalize expert agreement and schedule meetings and
reports; and prepare for City 30(b)(6) examination before trial.

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1.75

07/11/14

JL

08/06/14

JL

08/26/14

JL

11/16/14
01/03/15
05/12/15

JL
JL
JL

11/29/13

JL

12/26/13

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01/10/14

JL

01/29/14
03/16/14

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JL

05/11/14

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05/27/14

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06/09/14

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06/12/14

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06/13/14

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06/20/14

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06/26/14

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08/09/14

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09/12/14

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09/14/14

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09/25/14
09/29/14

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10/15/14

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12/09/14

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12/21/14
01/30/15

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JL

Arrange and negotiate terms for ER MD expert witness;
prepare for City examination before trial.
Review and summarize depositions; confer w/Smith re: expert
reports.
Confer with experts re: additional information on reports; and
schedule availability; review defendant Mauriello letter to
dismiss charges.
Review draft of 3rd Amended Complaint.
Meeting with Nat Smith re: Summary Judgment motion.
Meeting with full trial team re: hearing; status conference with
Judge Sweet.
Review of Marino and Lauterborn depositions re response
City's Refusal to Allow Witness to Respond and otherwise
interferes with the examination before trial.
Meeting with Smith, Bauza and client to review Mauriello EBT;
review settlement perameters
Prepare case files and review audio records for future
depositions
Preparing for Lamstein deposition
Update case status report; Prep plaintiff demands in discovery
and re-schedule depositions.
Consultation by telephone with Dr. Halpern-Ruder re: EMT and
ER procedures as potential expert witness; review
correspondence with client.
Research and outreach re: potential Law Enforcement
expert(s) research re: damages and settlement issues.
Telephone conference with client; preparation and review
discovery and settlement issues.
Return drive POV (Lenoir's) to 111 Broadway NYC from
Providence, RI for meeting with Dr. Dan Halpern proposed
EMT and ER expert.
Telephone conference with Eterno and Silverman re: law
enforcement expert research and testimony; review and
preparation of retainer agreements.
Telephone conference with co-counsel re: law enforcement
experts; draft retainer agreements.
Telephone conference with client, co-counsel and psychiatric
expert re: meeting with client; call with co-counsel re:
examination before trial scheduling.
Confer w/Smith re: expert reports; conference call with LE
experts.
POV from 111 Broadway NYC to 467 Bunker Hill Road,
Mayfield, NY for trial planning session with client.
POV (Smith) from 467 Bunker Hill Road, Mayfielld, NY (trial
planning session with client and trial team) to NYC.
Discuss and prepare documentation for LE Expert depositions.
Prepare (w/Smith) Dr. Halpern-Rudger for examination before
trial at 330 East 42nd Street, NYC.
Conference w/Smith re: City Defendants settlement proposal;
prepare counter proposal.
Research review for motion for summary judgment and
opposition to Mauriello counterclaim.
Draft and Review plaintiff motion summary judgment.
Summary Judgment response, research, and draft.

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2.00
2.00
2.00
2.00
2.00

02/13/15

JL

02/25/15

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03/27/15

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04/04/15
06/02/15

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JL

08/25/15

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05/21/13

JL

11/17/13
04/09/14
05/19/14

JL
JL
JL

06/11/14

JL

07/10/14

JL

07/14/14
08/08/14

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JL

11/06/14

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03/02/15

JL

07/24/15
04/09/13
06/07/13

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JL
JL

11/18/13

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11/30/13

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12/29/13

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01/03/14

JL

02/10/14
03/12/14
03/13/14
05/10/14

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05/16/14

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06/27/14

JL

Review of defendant's motions in opposition to plaintiffs motion
summary judgment; review of defendant's motions and
prepare for plaintiffs reply re: Schoolcraft discovery.
Draft and research for reply to Mauriello summary judgment
response motion.
Telephone conference with new trial team; assign witness;
complete jury questions round up; compstat video by
Wednesday.
Trial memo preparation.
Review of draft and additional research re: court motion to
reconsider re: Dr HR; review draft of reconsideration letter and
motion.
Review and edit letter to court re: opposition to city defendants
2 letters; witness trial outlines: Eterno.
Meeting with Nat Smith and telephone call with James
McCutcheon re: NYPD departmental trial strategy
Review of client Schoolcraft examination before trial.
Review settlement strategy with client; Hearing .
Prepare for meeting with client and full status review of
discovery; settlement and trial strategy.
Drive POV (Lenoir's) from 111 Broadway to Providence, RI to
meet with Dr. Dan Halpern proposed EMT and ER expert
Consultation and negotiation with psych and law enforcement
experts; revise retainer agreements.
Prepare for City 30(b)(6) examination before trial.
Review depositions; index and summarize; plan expert report
submission and prepare for depositions.
Case conference with client and Smith; update re: strategy and
outstanding discovery matters.
Review and draft summary judgment motion; reply to
defendant's motion.
Meeting with trial team re JPTO etc. at 100 Wall Street.
Meeting with Nat Smith to prepare for Hearing April 10, 2013
Meeting with potential expert witnesses, Dr. Tom Litwack, Dr.
Eli Silverman and Dr. John Eterno; introduction of Nat Smith to
experts
Consultation with non-party witnesses, audio recordings of IAB
interviews and document review.
Review of dfnt Marino and Lauterborn examination before trial
research for motion to compel and additional requests for
production.
Meeting with client, Smith and Bauza re status and go-forward;
review audio recordings
Preparing docs and audio for Sgt Huffman and PAA Boston
depositions
Preparing depositions of Bernier and Isakof; review NYS 9.39
Schoolcraft preparation for Hearing re: discovery.
Schoolcraft preparation fr Hearing re: discovery.
Consultation and correspondence with Nat Smith re: City
defendants' discovery production re: 081 lockers; prepare EBT
of Sgt James.
Prepare EBT for Broschart - review City motion to strike
30(b)(6) issues.
Meeting (telephone conference) with client; co-counsel and
expert re: evaluation by psychiatric expert.

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2.50
2.50

07/18/14

JL

08/05/14

JL

08/07/14

JL

08/10/14
08/18/14

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08/19/14

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09/10/14

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09/15/14

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09/16/14
09/18/14

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10/14/14

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02/12/15

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02/17/15

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02/24/15

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02/26/15
03/09/15
03/11/15

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03/13/15

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03/16/15

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03/25/15
04/11/15
05/06/15

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05/11/15

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07/08/15

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07/13/15

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09/16/15
04/11/13

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05/13/13

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05/16/13

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Prepare, do, and review telephone call with MD expert; client
and co-counsel.
Discovery review; review letter to Court re: outstanding issues;
finalize status report.
Review depositions; prepare index and summaries; confer re:
expert testimony and reports.
Review expert reports; conference calls with psychiatric expert.
Respond to City Defendant letter re: expert reports; review and
index depositions.
Review deposition summaries; draft correspondence re:
discovery issues.
Review with all counsel expert witness deposition schedule
and outstanding discovery production; review research
material for depositions.
Review discovery materials produced by City Defendants;
conferred with LE expert Eterno by telephone; and conference
call with LE experts.
Reivew and consult re: expert discovery.
Prepare for City 30(b)(6) examination before trial on Friday;
prepare for motion for summary judgment; defendants expert
disclosure due.
Meet Nat Smith for meeting with LE expert Eterno; drive to and
from Molloy College from NYC to discuss expert report and
prepare dor Dr. Eterno for examination before trial. [mtg:2:30]
[travel: 2:00]
Telephone conference with co-counsel; review of summary
judgment motions by defendants.
Review of defendant Mauriello's motion and prepare plaintiff
reply.
Review discovery to draft response to Mauriello motion
opposition.
Review of Rule 56.1 Mauriello.
Research and draft letter to Court re: Matthews.
Meeting with Nat Smith re: Matthews letter and response; trial
strategy.
Smith meeting at 111 Broadway for review of trial strategy and
rewponsibilities with new team.
Review motion response re: Lamstein Affidavit and reply to
attorney motion.
Review of of trial preparation - especially Lubit Direct Outline.
Prepare Eterno direct, with exhibits
Review and discuss with Smith plaintiff response re court's
Opinion.
Prepare for hearing re: Court's Opinion/Order re: dispositive
motions.
Research re: production of plaintiff PD expert to city
defendants.
Response to city defendants request for additional discovery
re: PD experts.
Confer with trial team re City R 68 offer of jmt;
Meeting with R. Koshets; Nat Smith; Peter Gleason; Gilbert to
review NYPD pending internal charges v. client
Meet investigator Helena Melisi; review case re engagement
as investigator
Review of IAB reports of interviews with individual officers

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2.75
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10/04/13

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11/01/13
11/21/13

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11/22/13

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11/27/13

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12/19/13
04/01/14

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04/13/14

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06/06/14

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09/08/14

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09/21/14

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04/18/14

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05/06/14

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10/01/14

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12/03/14

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12/08/14

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01/23/15

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02/18/15

JL

02/23/15

JL

04/08/15

JL

05/05/15

JL

02/17/13

JL

Preparing docs and audio recordings for Marino deposition; Tel
Conf with Smith
Review docs and audio for Lauterborn deposition
Review and produce Marino and Lauterborn video depositions;
reconcile Plaintiff depositions transcript with video.
Mauriello terminated examination before trial preparation;
review of Court's decision and additional City discovery
documents provided.
Review of examination before trial transcripts with video;
prepare for Defendant Caughey examination.
Prepare for Mauriello examination before trial.
Prepare trial memorandum/ telephone call to City re:
settlement/ and prepare for Trainor and Gough examination
before trial.
Meet possible Psychiatric expert Dr. Lubit; review case and
discuss Dr. Lubit's participation.
Telephone conference with law enforcement experts; call with
John Eterno and Eli Silverman; review and discuss law
enforcement expert report and testimony; prepare status report
for client and trial team.
Confer with co-counsel re: expert discovery; schedule and
deposition strategy; review Monel law and facts..
With Smith: City 30(b)(6) deposition with Sgt Purpi; and City
30(b)(6) witness on gun amnesty program.
Prepare ER expert for examination before trial; confer w/Smith
re med experts.
Research on detention verdicts (.75), discussion and planning
re: settlement (1.00); telephone call with defense counsel (.50).
Tel conf with client and Smith (.75)
Research and confer with Nat Smith re: settlement issues
(1.00); discussion with client re: settlement (1.25); preparation
of status report (.75).
Prepare for Hearing; hearing with Judge Sweet courtroom at
500 Pearl Street, NYC.
Prepare for hearing on defendants' motion (1.25); hearing on
city and hospital defendants' motion (.75); review of rulings
from hearing (.25); prep production of LE expert resource
materials (.75).
Review draft of 3rd Amended Complaint; review plaintiff motion
for Summary Judgment and dismiss Mauriello counterclaim.
Review deposition summaries; research on motions for
summary judgment; confer with Smith re preparation for
opposition.
Review CompStat DVD's; prepare Summany Judgment
Response Statement of motion and facts.
Review and research on plaintiff reply memorandum to
defendant Mauriello's response motion.
Review of Mauriello summary judgment motion response;
research and review documents for summary judgment reply.
Review of trial exhibits for expert witnesses Eterno and
Halpren-Ruder; prepare expert testimony for Halpren-Ruder.
Review / discussion of court's 200 page Opinion re: Summary
Judgment Motions.
Review of case files and and audio recordings; document
preparation to formally request DOJ intervention

2.75
2.75
2.75
2.75
2.75
2.75
2.75
2.75
2.75

2.75
2.75
2.75
3.00
3.00
3.00
3.00

3.00
3.00
3.00
3.00
3.00
3.00
3.00
3.25

04/10/13

JL

05/09/13

JL

12/18/13

JL

03/28/14

JL

04/17/14

JL

02/16/13

JL

05/18/13

JL

06/26/13

JL

07/10/13
08/07/13

JL
JL

08/27/13
10/07/13

JL
JL

03/10/14

JL

03/26/14

JL

04/30/14

JL

05/20/14

JL

06/04/14

JL

07/03/14

JL

09/05/14

JL

09/06/14

JL

10/23/14

JL

01/20/15

JL

01/24/15

JL

02/03/15

JL

03/06/15
04/06/15

JL
JL

Court: Hearing re discovery before Judge Sweet - SDNY, 500
Pearl Street, NYC. Meeting w/Smith to review hearing and
discovery plan.
Meeting with Nat Smith to review and prepare discovery,
engage investigator and prepare depositions
Prepare for defendant Mauriello examination before trial;
review of motion for reconsideration.
Finalize Plaintiff 30(b)(6) notices. Prepare examination of City
30(b)(6) witnesses
Schoolcraft settlement research (1.00); consultation with Smith
(2.00); telephone conf with Schoolcraft re: settlement issues
(1.25).
Review of case history and complaint; document preparation
for presentation to DOJ
Review of IAB interviews; telephone call with Nat Smith and
AS re: strategy for NYPD departmental hearing
Travel for meeting with client and Nat Smith - Johnston New
York Holiday Inn.
Travel for meeting with client and Nat Smith--Albany
Meeting with trial illustrator (11am-1pm). Meeting with potential
expert witness, Dr. Tom Litwack - (3pm-5pm).
Travel from NYC to Saugerties and return for client meeting
Meeting with client and Smith re depositions of Mauriello and
Marino
Schoolcraft research for response to discovery and deposition
issues and hearing.
Appearance in court for hearing re discovery status and issues
(.75); prep plaintiff discovery production (2.75).
Schoolcraft hearing with Judge Sweet re: discovery (.75); post
hearing consultation with Smith and Henry Steinglass re: trial
strategy (2.75).
POV (Lenoir) 111 Broadway; NYC to Johnston, N Y and return
for consultation with client re: discovery; settlement and trial
strategy; and settlement
Meeting with Smith and Ferrara to prepare for examination
before trial; review EBT materials: dcuments and audio.
Prepare and review w/Smith re: Dr. Lwin's examination before
trial.
Confer with co-counsel re: expert reports and depositions;
prepare response to defendants' letter motion re: expert
reports and deposition schedules; organize further deposition
summaries.
Review process of summmarizing deposition transcripts;
confidentiality agreement, billing procedures,
Prepare and review summaries of deposition transcripts;
schedule remaining depositions with counsel; prepare
Silverman for deposition.
Review defendants Order re: TAC; prepare Summary
Judgment Response Mauriello.
Research and draft Responses to defendant Mauriello
Summary Judgment motion.
Meeting with Nat re: summary judgment motion; summary
judgment Mauriello research.
Review and edit of summary judgment reply.
Prepare expert trial testimony for Eterno; review examination

3.25
3.25
3.25
3.25
3.25
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50

3.50
3.50
3.50
3.50
3.50
3.50
3.50

04/13/15

JL

08/07/15

JL

08/26/15
11/13/13

JL
JL

03/24/14

JL

07/04/14
10/03/14

JL
JL

02/18/13

JL

11/24/13

JL

06/11/14

JL

09/12/14

JL

09/14/14
11/10/14
01/25/15
06/27/15

JL
JL
JL
JL

05/17/13

JL

12/11/13

JL

08/11/14
04/07/15

JL
JL

04/10/15

JL

07/22/15

JL

05/12/13

JL

09/10/13

JL

03/19/14

JL

04/16/14

JL

05/08/14

JL

before trial for Eterno.
Prepare for hearing before Judge Sweet re: trial schedule;
meeting with trial team re: trial schedule and strategy.
Review JPTO's filed by defendants; telephone conference with
counsel team re: JPTO; conference with co-counsel re: Trial
Draft.
Prepare witness trial outlines.
Motion hearing at Judge Sweet Courtroom; review of hearing
outcome w/co-counsel; draft report to client.
Prepare deposition schedules in consult with Smith and
defendants counsel. Review discovery and prep motion draft.
Prepare for 30(b)(6) depositions and other JHC witnesses.
Case conference with client and Smith; preparation for
summary judgment motions; prepare research for mtion to
amend complaint.
Review of case timeline and document preparation for Main
Justice and US Attorney presentation
Review of Plaintiff's depositions (1.00); review defendant
Mauriello and Lauterborn depositions and produce videos
(2.25); prepare status report (.75).
(with Smith) Prepare and meet with Dr. Dan Halpern-Ruder in
Providence RI re proposed EMT and ER expert.
Meeting with client and trial team in Mayfield NY (Smith, Bauza
and legal asst) in preparation for trial.
Meeting with client in Mayfield, NY. for trial prep with trial team.
Defend with Smith Lubit examination before trial
Research and Drafting in collab with Smith plaint SJ mtn
Further research and draft of plaintiff opposition to bifurcation
motion; finalize draft of opposition to bifurcation.
Review of IAB interviews of individual defendants and others;
prepare notes
Amtrak NYC - Albany - NYC for Larry Schoolcraft deposition
(w/Bauza)
Plaintiff's expert disclosure due; prepare packages and send.
Prepare trial testimony for Halpren-Ruder; review jury
instructions and motion.
Prepare expert trial testimony for Halpre-Ruder; expert witness
preparation for Lubit.
Prepare Response to JHMC Opposition to Plaintiff Medical
Expert.
Review of audio recordings made by client; sort and prepare
summaries.
Review of documents in preparation for client's examination
before trial
Review City Defendants production requests; research and
prepare response and plaintiff production demands. Tel conf
with client.
Meeting with Smith (1.25); research on jury verdicts/awards
(2.25); telephone conference with client to discuss settlement
and trial issues (1.00).
Prepare for settlement conference (1.25); conference call with
Magistrate Freeman re: settlement (.75); review settlement
negotiations (2.00); research and outreach to proposed ER
Medicine expert (1:00).

3.50
3.50
3.50
3.75
3.75
3.75
3.75
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.00
4.25
4.25
4.25
4.25
4.25
4.25
4.50
4.50
4.50
4.50
4.50

05/13/14

JL

06/02/14

JL

06/04/14

JL

07/07/14

JL

07/08/14

JL

08/21/14

JL

09/04/14

JL

09/22/14

JL

01/05/15
01/09/15

JL
JL

02/01/15

JL

02/02/15

JL

02/20/15

JL

03/12/15

JL

03/23/15

JL

03/24/15

JL

04/03/15
04/09/15

JL
JL

06/26/15

JL

08/20/14

JL

01/29/15
03/29/15
07/10/13

JL
JL
JL

03/11/14

JL

meet (w/Smith) with potential witness for plaintiff; NYPD Lt
(Ret) Joseph Ferrara; telephone conference with Chris Dunne
re: possible settlement issues; prepare EBTs of the EMTs.
[POV travel to-from Holbrook NY--3:00]
Telephone conference with client (1.25); prepare additional
discovery requests (1.25); review status of discovery received
from defendants (2.00).
Represent (with Smith) Ferrara at City deposition, 100 Church
St
Prepare for and attend deposition as co-counsel; and review;
30(b)(6) witness to testify about JHMC's policy on involuntary
hospitalization.
Schedule and plan remaining depositions (2.00); review final
discovery productions (2.50).
Telephone conference with Smith re: case scheduling with
Larry Schoolcraft (.75); draft response to medical defendants
re: depositions of Dr. Patel and Dr. Lwin and City Defendants
re: discovery issues (1.25); complete Adrian Schoolcraft 2nd
deposition summary (2.50).
Schedule of expert depositions (.75); review defendants letter
motion re: expert reports and depositions (1.25); prepare for
expert depositions (1.50).
ER and Psych Expert deposition preparation (2.00); review
defendants' expert reports (2.00).
Review of summary judgment motion; prepare response.
Review of Compstat DVD's (2.50); prep index. Meeting with
Nat Smith re: summary judgment motion (2.00).
Confer with Smith in final draft: Mauriello Summary Judgment
Response and review.
Telephone conference withSmith and client; meeting re:
summary judgment motions and trial. Trial Memo review.
[client to reinstate Norinsberg et al to trial team]
Prepare for meeting with new trial team; meet with Norinsberg
trial team; and review draft of trial memo.
Review motions; prepare letter to court. re; Matthews and
quantified immunity. Meeting with Norinsberg team at 225
Bway
Meeting with Nat MSith at 100 Wall Street; prepare trial
exhibits and witness list.
Draft/prepare jury verdict sheet template. Research re jury
instruction re elements of complaint.
Research and prepare expert witness; direct and cross
Expert trial preparation for Eterno; outline direct and prepare
exhibits.
Research and draft plaintiff opposition to bifurcation of Monell
claim.
Draft response to City Defendants letter re: 30(b)(6) witness;
also renew demands for production of Marino and other
discovery documents.
Mauriello response and research, record, and draft.
Prepare expert witness direct; draft jury instruction round up.
Meeting with client and co-counsel Smith in Albany NY. Full
review of discovery and trial posture. (7 hr travel)
Schoolcraft research and draft letter to court re: discovery and
deposition issues (4.00); confer w/co-counsel (1.00)

4.50

4.50
4.50
4.50
4.50
4.50

4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.75
4.75
4.75
5.00
5.00

04/02/15

JL

07/20/15

JL

10/16/13

JL

05/15/14

JL

06/30/14

JL

04/27/13

JL

06/26/13

JL

08/27/13

JL

11/14/13

JL

11/26/13

JL

05/20/14

JL

11/13/14

JL

07/15/15

JL

04/26/13

JL

06/01/15

JL

07/09/15

JL

01/13/15
01/27/15

JL
JL

03/30/15

JL

04/25/14
10/02/14

JL
JL

09/25/13

JL

12/11/13

JL

Meeting with trial team; research expert testimony for direct
testimony and prep for cross.
Draft opposition to JHMC Memrandum re Medical Expert
Halpren-Ruder.
Prepare deposition of defendant Lauterborn (1.25). Hearing re:
Discovery and Defendant Mauriello counterclaim - USDC,
SDNY, Judge Sweet (.75). Review of hearing results (.50);
prepare report for client (2.75)
Preparation/conduct w/Smith EBT of Sangetti; EMT/JHC;
preparation - conduct post depo-review with Smith.
Meeting with client (2.00); arrange meeting with psychiatric
expert (2.00); conference with Dr. Lubit; call with client re:
evaluation (1.25).
Meeting with Schoolcraft and Nat Smith to prepare for
depositions.
Meeting with client and Nat Smith - Johnston New York
Holiday Inn. 7 hours are travel time billed separately
Client meeting at, Saugerties, NY. with Nat Smith; Review
case status and strategy with client. [7 hr travel]
Review of hospital and NYPD files and audio recordings in
preparation for examination before trial of Bernier and
Mauriello.
Review of depositions; prepare challenge to City Defendant
obstructions; prepare for Lt. Caughey examination before trial.
Consultation with client re: discovery; settlement and trial
strategy; settlement conference call with Magistrate Freeman
and client; Verizon "Hot Spot" internet connectivity device for
client communication.
Lubit deposition continued (defend plaintiff psych expert with
Smith).
Prepare response to defendant JHMC Memo in Opposition to
motion for resonsideration re: expert Halpren-Ruder.
Meeting with Adrian Schoolcraft and Nat Smith to prepare for
depositions
Research and draft letter motion re: reconsideration of order
re: modified complaint.
Confer with expert; Draft response to city re: plaintiff expert
resource material; review police expert disclosure
requirements.
Review and index CompStat DVD's.
Meeting / consult with Smith re: summary judgment responses
(2.00); research re: summary judgment response Mauriello
(4.00).
Trial preparation; expect witness direct - Eterno, Lubit,
Halpren-Ruder.
Prepare/conduct w/Smith examination before trial for Sawyer.
Prepare for summary judgment motion (1.25); summarize
examination before trial (1.00); review LE expert resource
materials for production (1.50); prepare and schedule legal
assistants (Jeanette and Lysia) for examination before trial
summaries (2.50).
Prepare for hearing on discovery (1.0); Oral Argument re:
discovery - USDC SDNY Sweet, J (.75).; consultation with
client and Smith in preparation for depositions (4.75)
Represent client (w/Bauza) at depo of Larry Schoolcraft--

5.00
5.00
5.25

5.25
5.25
5.50
5.50
5.50
5.50
5.50
5.50

5.50
5.50
5.75
5.75
5.75
6.00
6.00
6.00
6.25
6.25

6.50
6.50

01/12/15
01/14/15

JL
JL

02/07/15
02/11/15

JL
JL

03/03/15

JL

03/31/15
04/01/15
08/24/15

JL
JL
JL

01/15/15
05/12/14

JL
JL

07/16/14
07/17/14
01/21/15
03/04/15

JL
JL
JL
JL

02/12/14

JL

04/11/14

JL

04/28/14
05/14/14
05/28/14

JL
JL
JL

06/18/14

JL

06/23/14

JL

07/15/14
09/13/14
09/23/14

JL
JL
JL

09/30/14
10/24/14
01/10/15
01/22/15

JL
JL
JL
JL

02/05/15

JL

02/06/15
06/25/15
07/23/15

JL
JL
JL

12/09/13

JL

Albany [8:30 travel time]
CompStat DVD review.
Meeting re: summary judgment motion (2.00); CompStat DVD
review (4.50).
Review and draft Summary Judgment Motions.
Review and edit of opposition to defendant's summary
judgment motion.
Research and review of defendants motions and summary
judgment statements re: re-preparation w/Smith of reply brief.
Prepare trial examination - Eterno, Lubit, and Halpren-Ruder.
Prepare expert witness testimony and trial notebook.
Review of trial exhibits, expert rpts and EBTs; prepare expert
trial witness outlines.
Review and index CompStat DVD's.
Preparation/conduct w/Smith EBT of Sgt Shantel James; EBT
Sgt James 10am-3:30pm; review of EBT; follow up with Dr.
Halpern-Ruder; EMT/ER expert.
Conduct two City 30(b)(6) examination before trial.
Conduct two City 30(b)(6) examination before trial.
Research, review and drafting portions of plaintiff SJ mtn
Review of case file and research for smmary judgment motion
reply brief.
co-counsel with Smith and Suckle at deposition of Defendant
Dr. Isakov.
Prepare/conduct as co-counsel w/ Smith examination before
trial of Gough.
Prepare/conduct w/Smith examination before trial: Duncan.
EBT (w/Smith) of Marquez, EMT/JHC; prepare status report.
Preparation for hearing (1.50); hearing re: EBT City 30(b)(6)
issues (.75); review court holdings (.75); prepare Weiss EBT
(4.50).
Prepare for and conduct (with Smith) Broschart examination
before trial; review notes.
Prepare for, and conduct with Smith dfnt Duncan examination
before trial; review Duncan examination before trial.
Conduct two City 30(b)(6) examinations before trial.
Meeting with client at Bunker Hill, Mayfield, NY.
Expert deposition with Dr. Lubit at MCB 220 East 42nd Street,
NYC.
Expert deposition with Dr. Halpern-Ruder at MCB.
Defend with Smith City's examination before trial of Silverman.
Review CompStat DVD's; prep index.
Draft and research for Responses to Mauriello Summary
Judgment motion.
Research and draft response to defendant Mauriello motion for
summary judgment; Mauriello summary judgment motion
reponse.
Research and draft Summary judgment motion.
Draft and research re: bifurcation issue.
Research and draft Memo In Response to JHMC opposition
memo;
Prepare and 2d seat with Smith examination before trial for
dfnt Caughey; meeting with Peter Kelley re potential
assistance in trial prep.

6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.50
6.75
7.00
7.00
7.00
7.00
7.25
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.50
7.75

01/19/15

JL

04/10/14

JL

01/11/15

JL

01/13/14
01/30/14
02/11/14

JL
JL
JL

07/01/14

JL

10/17/14
01/08/15

JL
JL

01/26/15

JL

01/31/15

JL

02/08/15

JL

02/10/15

JL

03/05/15
09/26/13

JL
JL

09/27/13

JL

10/08/13

JL

11/07/13

JL

12/20/13

JL

01/06/14

JL

02/09/15

JL

01/28/15

JL

04/28/13

NBS

09/10/13
01/08/14
02/08/13

NBS
NBS
NBS

07/24/13
04/15/14

NBS
NBS

Draft Response to Mauriello summary judgment motion (4.50);
telephone call (Smith and McCutcheon)re: CompStat DVD
review (.75); research for Response to Mauriello (1.50);
meeting for summary judgment (1.25).
Prepare/conduct w co-counsel Smith examination before trial
of Trainor.
Review CompStat DVD's; telephone call re: CompStat DVD's;
review CompStat DVD's.
co-counsel w/Smith at Hanlon deposition
conduct as co-counsel w/Smith Lamstein depositiion
Deposition of defendant Dr. Bernier.111 B'Way--co-counsel
with Smith and Suckel
Prepare and conduct w/Smith examination before trial for
Mauriello. Review w/client and Smith.
Examination before trial of Dr. Eterno (with Smith).
Review and index CompStat DVD's (4.50); prepare response
to summary judgment motion (4.00).
Client conference call (1.50); research and drafting re:
summary judgment defendant Mauriello (7.00).
Prepare, research, write draft for response to Mauriello
summary judgment.
Preparation in opposition to defendants summary judgment
motion.
Prepare memorandum in opposition to defendant's motions for
summary judgment and Rule 56.1 Statement.
Draft, discuss and review summary judgment motion.
Representation of client along with co-counsel Smith in
examination before trial by defendant Mauriello and NYC Walter Kretz law office 444 Madison Avenue, NY.
Co-counsel with Smith in representation of client at deposition
of client by defendant Mauriello and Jamaica Hospital
defendants - Callan, Koster, Brady & Brennan, LLP - One
Whitehall Street, 10th Floor New York, NY 10004.
co-counsel w/Smith in deposition of Marino; post depo confer
/Smith and client
Prepare and take w/Smith examination before trial of
defendant Lauterborn. Review documents and audio
recordings; prepare exhibits.
Represent client with Smith at Mauriello examination before
trial at Scoppetta Seiff Kretz & Abercrombie.
co-counsel w/Smith depositions of Huffman and Boston; post
EBT review w/Smith and Bauza
Summary Judgment motions; confer w/Smith re prepare in
opposition to motions and response to Rule 56.1 Statement.

8.00

Research and draft; prepare for summary judgment response
Mauriello.
Telephone conference with John Lenoir re: upcoming trial with
NYPD.
Telephone conference with client.
Letter to Court; email re: scheduling
TElephone conference with Peter Gleason re taking on new
case
Telephone conference with Magdelena re: status
Telephone conference with H. Suckle re: status and

10.50

8.25
8.25
8.50
8.50
8.50
8.50
8.50
8.50
8.50
8.50
8.50
8.50
8.50
9.00
9.00

9.00
9.50
9.50
9.50
9.50

0.20
0.20
0.20
0.30
0.30
0.30

05/08/15
06/15/15
06/25/15

NBS
NBS
NBS

09/02/15
05/24/13

NBS
NBS

07/23/13
01/24/14
02/24/14
09/22/14
02/11/13
02/13/13

NBS
NBS
NBS
NBS
NBS
NBS

04/14/13
05/01/13

NBS
NBS

05/30/13

NBS

06/29/13
09/16/13
09/18/13
10/09/13
11/01/13

NBS
NBS
NBS
NBS
NBS

02/03/14

NBS

03/03/14
04/22/14
06/26/14

NBS
NBS
NBS

09/10/14
03/20/15

NBS
NBS

05/22/15
05/28/15

NBS
NBS

06/26/15
07/07/15
06/23/15

NBS
NBS
NBS

02/22/13

NBS

03/14/13

NBS

05/03/13

NBS

07/18/13

NBS

09/04/13

NBS

09/03/14

NBS

settlement.
Telephone conference with trial team re: status.
Review of calendar; telephone call to John Lenoir re: status.
Emails with counsel re: status; letter to court re: schedule;
review of trial exhibit folder.
Telephone conference with W. Kretz re status
Telephone conference with client re: status; review of emails
from co-counsel re Eli Silverman.
Telephone conference with co-counsel re: status.
Produce documents
Review of examination before trial; email reference recording.
Email regarding schedule; telephone call with John Eterno.
Telephone conference with co-counsel; review of Floyd case.
Telephone conference with Peter Gleason; telephone to
Richard Guilbert re status.
Telephone conference with Peter Gleason re: status.
Telephone conference with Peter Gleason re: status; emails
with clients re: same.
Telephone conference with client; telephone call to Lisa
Bland's office.
Review of stay decision on NYPD trial.
Email regarding status; telephone call to client.
Telephone call and emails reference 81 inspection
Telephone conference with John Lenoir re: status.
Telephone conference with client; telephone call to John
Lenoir re: Stop and Frisk; status.
Telephone conference with co-counsel; email reference
examination before trial.
Review of emails and letters
Telephone conference with Joe Ferrero.
Emails with opposing counsel re: schedule; conference with
co-counsel re: same.
Telephone conference with all counsel.
Telephone conference with Walter Kretz re: Kickstarter movie;
email with trial team re; inquiry.
Review of recent EDP decision.
Review of memo re: reconsideration; telephone call with John
Lenoir and email with MG re: same.
Review of draft portion of opposition to bifurcation
Review of schedule; review of emails.
Email team re: schedule; telephone call to city counsel re:
same; email all counsel re: same.
Review of emails; telephone call to co-counsel; telephone
Graham Raymond (Village Voice).
Emails to opposing counsel; letter to Judge Sweet in reference
to motion schedule.
Review of cases; email letter to opposing counsel re: collateral
examination before trial issue.
Telephone conference with client re Judge Sweet and re:
discovery status; email opposing counsel re: same and
schedule of examination before trial.
Email to client re: status; review of status report; review of
letter motion by city.
Email to all counsel re: schedule; telephone call with Eli

0.30
0.30
0.30
0.30
0.40
0.40
0.40
0.40
0.40
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.60
0.70
0.70
0.70
0.70
0.70
0.70

05/05/15
05/13/15

NBS
NBS

05/15/15

NBS

09/11/15

NBS

02/20/13
05/23/13

NBS
NBS

07/27/13
08/06/13

NBS
NBS

09/09/13
10/17/13

NBS
NBS

10/28/13

NBS

02/05/14

NBS

05/02/14

NBS

06/10/14

NBS

06/16/14

NBS

07/09/14
07/30/14
11/19/14

NBS
NBS
NBS

05/21/15

NBS

07/11/13

NBS

07/26/13
11/26/13
10/26/14
11/16/14
05/18/13
08/21/13

NBS
NBS
NBS
NBS
NBS
NBS

11/14/13

NBS

01/27/14

NBS

03/08/14

NBS

06/08/14
07/28/14

NBS
NBS

07/29/14

NBS

Silverman.
Review of review of decision on summary judgment motion.
Telephone conference with Dr. Lubit re: status and trial date;
telephone call to Dr. Eterno re: status and trial date.
Emails re: schedule on motions in limine; review of recent EDP
decision.
Telephone conference with A Schiener and JN re settlement
and willing to increase offer of cash some
Meeting with co-counsel; prepare subpoenas
Telephone conference with client; call to co-counsel; review of
decisions; email re: status.
Meeting with T. Skinner re: case.
Telephone conference with co-counsel; review of emails and
press coverage; call from G. Rayman re: book out.
Revising letter motion; emails on same.
Telephone conference with client; emails re: status; email prior
counsel re: discovery matters.
Telephone conference with client re: status; emails re:
schedule and video objections.
Telephone conference with client; emails reference
examination before trial; and letter to Judge Sweet.
Telephone conference with Gregory Radomsile reference
examination before trial; emails to opposing counsel' re: same.
Drafting demands on Mauriello; drafting letter to court re:
amended discovery schedules.
Review of city letter re: supplemental discovery; conference
with co-counsel.
Telephone conference with police experts.
Telephone conference with John and Eli re: expert report.
Review of examination before trial of Lauterborn and Mauriello
on questions about evaluations; email client re: same.
Telephone conference with A. Schiener; email team re:
settlement.
Telephone conference with R. Gilbert; telephone conference
with client re decision; telephone call to client; telephone
Gilbert
Preparing documents for client.
Drafting notices for depositions ; review of email.
Revise letter re: rejection of Rule 68 offer.
Revise complaint; email re: same.
Telephone conference with client and co-counsel.
'
Telephone conference with co-counsel; emails with opposing
counsel re: discovery schedule.
Email in reference to Daily News Article; telephone call to Mag
Bauza re: interview with Carol Street.
Revising letter to website responders; sending Out same; letter
to City Defendants re: examination before trial
Review of letters on discovery motions; email to team
reference response.
Revising discovery demand for Mauriello counterclaim.
Review of Dr. Lwin examination before trial; review letter from
Jamaica Hospital.
Emails and telephone conference with client and re: experts;
review of letters to Court.

0.70
0.70
0.70
0.70
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.80
0.90
0.90
1.00
1.00
1.00
1.20
1.20
1.20
1.20
1.20
1.20
1.20
1.20

08/07/14
04/17/15

NBS
NBS

06/28/15
07/17/15

NBS
NBS

08/24/13

NBS

05/07/15

NBS

06/24/15

NBS

08/24/15

NBS

08/31/15

NBS

03/28/13
04/10/13
05/02/13

NBS
NBS
NBS

06/12/13
07/22/13

NBS
NBS

08/20/13
08/23/13

NBS
NBS

09/03/13
09/29/13
12/04/13

NBS
NBS
NBS

03/04/14

NBS

04/01/14

NBS

06/03/14

NBS

07/14/14
08/06/14

NBS
NBS

09/02/14

NBS

09/05/14
11/11/14

NBS
NBS

11/14/14
11/20/14
01/09/15

NBS
NBS
NBS

04/15/15

NBS

Review of report; telephone call to John Eterno re: same
Telephone conference with Alan Scheiner and team re:
settlement demand email.
Review of draft memo; revise same.
Telephone conference with John Lenoir; review of CompStat
clips; review of emails.
Meeting with investigator (1.0); telephone conference with Jon
Lenoir re: Paul Brown (0.3).
Review of decision; telephone call with opposing counsel
(Brian Lee) re: state medical malpractice sliding scale issues
and status.
Telephone conference with John Lenoir; telephone S.K. re:
opposition to bifurcation; emails to counsel re: schedule; letter
to Judge Sweet re: schedule; review of motion on bifurcation.
Preparing focus sheets; email co-counsel re: mental patient
gun rights.
Telephone conference with clerk and parties; telephone call
with John Norinsberg re status; review of draft motion.
Draft supplemental memo of law.
Meeting with team after court appearance.
Draft letter to Publicker re: collateral estoppel issue; email all
counsel re: discovery deadlines; email court re: same.
Review of Younger case law.
Telephone conference with client; re: status; review of to do
list; memo to file.
Telephone conference with client; revised letter to court.
Meeting with Magdalena re legal research on state action;
telephone call with Jon Lenoir re: status.
Telephone conference with client re: status.
Meeting with client re: case and next Steps.
Letter to opposing counsel; email to opposing counsel re
numerous discovery disputes.
Prepare for and attend meeting to confer; emails reference
status same.
Telephone conference with City re: settlement; telephone
conference with client; conference with team re: same.
Email regarding plan for discovery; production of Aetna
documents and docket photos; telephone call to J. Ferrara re:
examination before trial for 6/5/14.
Prepare for examination before trial of City 30(b)(6) witnesses.
Telephone conference with Mag Bauza to do list; meeting with
John Lenoir re: same; revise letter to Court re: video objection.
Meeting with co-counsel; review of decisions on discovery;
emails re: scheduling with experts; telephone call with Roy
Lubit re: same.
Review of time limitation issues for examination before trials.
Telephone conference with paralegal (JS) re: case; review of
ebt summaries.
Review of examination before trial summaries and indexes.
Review of file in Azira case on Blue Wall.
Emails re: status; conference with team; conference call with
client.
Telephone conference with Alan Scheiner re: settlement and
trial date; emails re: discovery and Boston.

1.20
1.20
1.20
1.20
1.30
1.30
1.30
1.30
1.30
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50
1.50

05/11/15

NBS

05/29/15
06/19/15
07/21/15
08/18/15
02/16/14

NBS
NBS
NBS
NBS
NBS

09/24/14

NBS

05/22/13

NBS

06/05/13

NBS

06/06/13

NBS

10/10/13

NBS

10/18/13

NBS

12/31/13
01/02/14

NBS
NBS

03/31/14

NBS

04/14/14

NBS

06/02/14

NBS

09/16/14

NBS

12/05/14

NBS

02/04/15

NBS

04/29/15

NBS

05/08/15
07/01/15
01/23/14

NBS
NBS
NBS

04/15/13
06/09/14
02/15/13

NBS
NBS
NBS

Review of decision on summary judgment; prepare for
conference with court.
Prepare reconsideration letter.
Review of motion by City and authorities.
Preparing memo in reply on reconsideration.
Letter to court in reply on JPTO adjournment.
Telephone conference with John Lenoir and client reference
status; review of privilege issues.
Telephone conference with Roy Lubit; telephone call with John
Lenoir; review of emails; letter to court re: motion by city.
Telephone conference re: status; telephone call Lisa Bland re:
possible deal (demand of back pay in consideration of
resignation); review and revised responses to discovery
demands.
Appearance in court at conference before Judge Sweet
handled by John Lenoir; conference with John re: same.
Review of emails; review of proposed order; review of notes on
defendant's examination before trial; email co-counsel; prepare
for meeting with experts.
Review of email; conference with co-counsel; review of law on
tortuous interference claim; email opposing counsel re:
emotion to amend Mauriello answer.
Telephone conference with client; review of medical
documents responses; email opposing counsel re: status of
production.
Review of production; research on compstat.
Meeting with client re: review of tapes; telephone conference
with co-counsel; emails re: schedule; letter to Court re:
schedule
Telephone conference with client; review of discovery; emails
reference settlement.
Telephone conference with co-counsel re: status; conference
with client; emails with opposing counsel re': new dates for
settlement demands/offers/conference; draft letter to MJ
Freeman re: same; email Hearn.
Telephone conference with client; emails with opposing
counsel re: discovery; reviewing production for index.
Telephone conference with experts; conference with cocounsel; emails re: schedule with all counsel.
Review of letters; review of Duncan transcripts, emails with
team re: status.
Email with client; review of cases on Monell liability; review of
record (ebt's) on Monell issues.
Review of new recording from City on Lauterborn PG; email
trial team restatus; telephone call G. Radomisli re: status of
trial.
Review of decision; email team
Review of reconsideration motion.
Prepare documents for supplemental production; long status
conference with client re: need for AEO production and status
of case (1.3)
Review of production.
Telephone conference with client re: status of case.
Review of files from counsel; review of pleadings; telephone
call to co-counsel twice; review of penal code.

1.50
1.50
1.50
1.50
1.50
1.70
1.70
1.80

1.80
1.80
1.80
1.80
1.80
1.80
1.80
1.80

1.80
1.80
1.80
1.80
1.80
1.80
1.80
1.90
2.00
2.00
2.20

05/15/13

NBS

11/19/13

NBS

05/05/14

NBS

09/20/14

NBS

09/26/14

NBS

11/07/14

NBS

10/13/13

NBS

01/15/14

NBS

01/29/14
03/11/14

NBS
NBS

02/03/13

NBS

02/07/13

NBS

02/17/13
03/03/13

NBS
NBS

03/05/13

NBS

03/09/13
03/20/13

NBS
NBS

03/30/13
04/03/13
04/11/13

NBS
NBS
NBS

04/16/13
04/25/13

NBS
NBS

05/13/13

NBS

06/20/13

NBS

09/08/13
09/22/13
09/23/13

NBS
NBS
NBS

09/30/13

NBS

10/22/2013

NBS

Continued review of production; email opposing counsel re:
status of IPP trial and Queens DA document.
Telephone conference with B. Shaffer re: Larry Schoolcraft
examination before trial re: examination before trial of Larry
Schoolcraft; prep for ebts of polce defendants
Telephone conference with Sheri; telephone call to John
Lenoir; prepare letter to Judge Sweet re: Plaintiff's motion to
compel; telephone to John Cohen re: fees; review of Gleason
fees.
Review of medical expert reports by Jamaica Hospital Medical
Center; Bernier and lsakov.
Review of production for motion to compel; telephone call with
co-counsel; message from Dr. Lubit.
Meeting with S. Korenbaum; emails re: status; telephone call
with Dr. Lubit.
Telephone conference with client re: status re: NYCLU and
Dunn and going forward; telephone call to John Lenoir re:
same
Appearance in court; conference with co-counsel; email re:
status
Prepare for Dr. Lamstein
Meeting with team John Lenoir and Mag Bauza; drafting letter
to court.
Telephone conference with Peter Gleason; review of docket
complaint and decision by J. Sweet.
Meeting with Adrian Schoolcraft; Peter Gleason and John
Lenoir re possible representation.
Review of boxes from client and Guilbert.
Review of discovery; review of discovery plan; review of draft
letter to Justice Department.
Telephone conference with client re Justice letter and Chris
Dunn three times; review of discovery record.
Meeting with co-counsel and intern in reference to status.
Review of Magistrate Judge letter; telephone call to Peter
Gleason; letter to court re two motions; review of discovery file.
Review of gag order cases (1.5); conference with team (1.0).
Appearance at Floyd trial to hear part of Dr. Fagan direct.
Meeting with team and Rae Kosheck re: NYPD re adm trial
issues.
Review of production
Appearance at 1 Police Plaza for conference; telephone call to
client re: status; review of interviews by QAD.
Meeting with John and Melissa re: NYPP; telephone call with
client.
Telephone conference with co-counsel; review of Floyd
submissions.
Drafting letter motion on AEO.
Review of motion letter re: AEO and personal property motion.
Draft reply letter on AEO and personal property motion
telephone conference with client; telephone call with Mag;
telephone call to John Lenoir re: status; review of 81 inspection
photos; review of AEO designations.
Telephone conference with co-counsel; review of emails;
review of productions.
Meeting with H. Suckle re: medical examination before trial

2.20
2.20
2.20

2.20
2.20
2.20
2.30
2.30
2.30
2.30
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50

2.50
2.50

11/04/13
11/15/13
11/20/13
11/21/13
12/02/13

NBS
NBS
NBS
NBS
NBS

12/08/13
02/19/14

NBS
NBS

02/21/14
04/04/14

NBS
NBS

04/07/14

NBS

04/29/14

NBS

07/22/14
09/12/14

NBS
NBS

11/06/14
11/21/14
12/01/14
12/30/14
02/17/15
02/23/15
04/06/15

NBS
NBS
NBS
NBS
NBS
NBS
NBS

07/06/15

NBS

08/17/15

NBS

02/27/13

NBS

04/29/13

NBS

04/30/13

NBS

06/25/13

NBS

08/01/13

NBS

12/01/13

NBS

12/07/13

NBS

preparation.
Prepare for examination before trial.
Prepare for Mauriello.
Prepare for Marino examination before trial.
Prepare for Marino examination before trial.
Telephone conference with W. Krétz re: Mauriello; telephone
emails with counsel re: status and discovery deadline.
Prepare for Caughey examination before trial.
Telephone conference with co-counsel (HS) reference medical
case; state action; pro and sub due process; review of emails
reference discovery status; telephone call to John Lenoir
reference same.
Review of cited psychiatric journals.
Review of medical expert decisions and affidavit; prepare for
Trainor examination before trial.
Prepare motion to strike paragraph six of Mauriello's
counterclaim (1.3); prepare outline of discovery issues;
telephone call to D. Beekman (Daily News); telephone
conference Graham Raymond; telephone MJ Freeman's
chambers; email all counsel.
Review of state motion cases; meeting with co-counsel; call to
client.
Telephone conference with client and team; prepare letter.
Prepare for meeting with client; outline summary judgment
motions; causes of action.
Telephone conference with client re: amending complaint.
Emails re: Lubit; review of Azira files
Revising motion to amend
Researching motion for summary judgment.
Review of files on summary judgment papers.
Meeting with John Lenoir re: reply to Mauriello.
Email team; telephone call to Scott Korenbaum re: jury
change; prepare Isakov cross.
Revising opposition papers; email co-counsel; emails to
opposing counsel.
Review of JPTO; telephone call with Kretz; review of letter to
court from city.
Review of file; prepare summons fo amended cmplt; file
Summons with SDNY clerk; tc attempt service of same on Law
Dept; telephone call to Peter Gleason re status of serving 5
remaining defendants.
Telephone conference with with client (1.0) re: trial; research
on collateral estoppel issue.
Telephone conference with client; research on collateral
estoppel issue.
Telephone conference with client; telephone co-counsel re:
travel to upstate; review of issuses regardig: litigation with
indigent client; prepare for same.
Meeting with Magdalen re: status and case; review of case law
in jury instructions.
Review of Caughey, Weiss and Hanlon recordings; prepare for
Caughey examination before trial; telephone conference, re:
status (left message).
Telephone conference with client and John Lenoir; prepare for
Caughey examination before trial; prepare for opposition to

2.50
2.50
2.50
2.50
2.50
2.50
2.50

2.50
2.50
2.50

2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.50
2.80

2.80
2.80
2.80
2.80
2.80
2.80

02/20/14

NBS

04/08/14
04/09/14

NBS
NBS

04/27/14
03/13/15
06/29/15

NBS
NBS
NBS

08/13/15

NBS

08/16/15
09/16/15

NBS
NBS

04/17/14

NBS

04/22/13
10/27/13
10/25/14
06/02/15
03/01/13

NBS
NBS
NBS
NBS
NBS

05/09/13

NBS

10/25/13

NBS

12/24/13

NBS

06/04/14

NBS

06/06/14

NBS

07/15/14

NBS

08/05/14

NBS

04/13/15

NBS

06/22/15

NBS

08/07/15

NBS

Mauriello reconsideration.
Email co-counsel; client review of examination before trial for
motion.
Prepare for Trainor examination before trial.
Preparing for hearing on Raymond motion to compel;
appearance in court on motion (2.2); prepare for Trainor and
Gough examination before trial.
Preparing reply to Mauriello opposition
Meeting with team re: trial preparation; drafting letter to Court.
Review memo in opposition to bifurcation motion; telephone
call to Scott Korenbaum; call to John Lenoir re: same.
Prepare letter motion to court re: JPTO deadlines; review of
recent production and emails re: status with defense counsel.
Review of Plaintiff's Trial Exhibits; review of objections.
Telephone conference with A Scheiner; conf call with JN and
GC re settlement; revised detailed memo to client re
settlement; tc JL re same; email cleint re settlement
Telephone conference with team; review of decisions;
telephone Mag; telephone Howard; telephone John; letter to all
defendants counsel re: Norinsberg termination letter;
telephone call to S. Mettham re: settlement.
Review of testimony in discovery
Research on dangerous assessment.
Research on criminal standard for exigent circumstances.
Revising and drafting reconsideration motion.
Telephone conference with potential medical expert (.5);
review of discovery; file Affirmation of Service; review of
medical and hospital records.
Meeting with J. Lenoir re: case and status; review of internal
memos by IAB; review of recordings.
Appearance for Bernier examination before trial; wait for
response from Court on video objection; meeting with team.
Meeting with client and John Lenoir re: status and possible
settlement demand.
Prepare for Ferrara examination before trial; telephone
conference with co-counsel re: same.
Prepare discovery demands re: Mauriello (1.5); conference call
with John Eterno; Eli Silverman and team re: expert issues
(compstat, blue wall, and digital recorder); review of New York
City conflict of interest issue, law, decision (1.2)
Prepare for 30(b)(6) of witnesses on appeal; review and
quatoa issues; prepare for City examination before trial on
training; disciplines and crime reporting.
Revise letter to Court on 3 motions; draft second letter re:
video objection.
Prepare for oral argument; appear in court for conference with
court (2.0); conference with team thereafter; email opposing
counsel re: Lauterborn CD and Boston illness.
Emails re: motions; review of City memo; telephone
conference with City; call to W. Kretz; review of Mauriello
memo; emails with team re: schedule.
Review of JPTO sections from defendants; telephone call with
Brian Osterman; conference call with Plaintiff's team re: JPTO
objections; letter to Judge Sweet oposing motion to strike
reply.

2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.80
2.90

3.00
3.00
3.00
3.00
3.20
3.20
3.20
3.20
3.20
3.20

3.20
3.20
3.20
3.20
3.20

9/9/2015

NBS

7/21/2014

NBS

2/14/2013

NBS

2/18/2013
2/28/2013

NBS
NBS

3/6/2013

NBS

3/23/2013

NBS

3/31/2013
4/1/2013
4/2/2013
4/24/2013
5/10/2013
5/17/2013

NBS
NBS
NBS
NBS
NBS
NBS

5/20/2013

NBS

6/3/2013

NBS

6/4/2013

NBS

6/9/2013

NBS

6/13/2013
6/14/2013

NBS
NBS

7/25/2013

NBS

7/30/2013

NBS

8/26/2013
8/28/2013

NBS
NBS

8/30/2013
9/6/2013

NBS
NBS

9/21/2013
10/1/2013

NBS
NBS

Telephone conference with A Schiener and with co-counsel re
settlement (JN: PG; Harvey Levine; Rick Guilbert) re issues
pertaining to additional pension benefits.; review of caselaw
cited by the City on pension issues
Drafting letter to Court; review of transcript of prior hearing;
research on legal issues raised by objections and Purpi
examination before trial.
Telephone conference with client; review of Floyd decision;
meeting with client and team.
Review of decisions of file; review of production.
Review of examination before trial; prepare subpoena; prepare
Notice of Appearance.
Review of discovery records; telephone call to Chris Dunn
(NYCLU); meeting with City CM Williams; Peter Gleason and
Adrian Schoolcraft (2.1).
Review of motion and motion letter; research on taking highlevel government employee's deposition.
Review of cases on gag order.
Review of discovery; email reference discovery plea.
Appearance at Floyd trial to hear Mauriello testify.
Review of AEO files.
Continued review of discovery.
Continued review of discovery; telephone call to client (2
times); call to John Lenoir; email re: same.
Review of personal file on defendants; sick report and duty
status at 10/31/09; research on Judge Sweet letter; telephone
call to John Lenoir re: Jimmy McCutkin re: telephone to Lisa
Bland.
Telephone conference with co-counsel; letter to Judge Sweet
on discovery; telephone call to Lisa Bland re: now want
demand from us and will not agree to stay.
Telephone conference with client; telephone call co-counsel;
draft letters to Judge Sweet re: stay and re: alleged discovery
deficiencies.
Preparing proposed Order to Show Cause on stay of adm
proceedings
Review of Younger et al decisions on stay motion.
Email regarding press contracts; telephone call to client;
further research on Younger issue.
Prepare for all counsel conference call; telephone co-counsel;
telephone call client.
Revising documents (sub of counsel; memo of understanding;
discovery demands) (1.5); telephone call H. Suckle re:
possible involvement; telephone co-counsel re: status; review
of Section 1983 case law (1.5).
Continued review of production.
Review of decision on jury order; telephone Pete Gleason re:
suits and apartment; review of counsel; review of conference
orders; review of production.
Continued review of production
Review of correspondence on discovery; drafting AEO letter
motion; telephone call to client re: status and AEO letter issues
(1.0)
Meeting with client.
Meeting with client re: examination before trial and inspection

3.20

3.40
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50

3.50
3.50
3.50
3.50
3.50
3.50
3.50

3.50
3.50
3.50
3.50
3.50
3.50

10/11/2013
10/15/2013

NBS
NBS

10/23/2013

NBS

11/8/2013

NBS

11/22/2013

NBS

12/6/2013

NBS

12/17/2013

NBS

12/19/2013
1/12/2014
1/16/2014

NBS
NBS
NBS

1/17/2014

NBS

1/28/2014
2/7/2014

NBS
NBS

2/23/2014

NBS

2/27/2014

NBS

3/24/2014
3/27/2014

NBS
NBS

4/18/2014

NBS

4/24/2014

NBS

5/11/2014
6/17/2014
6/27/2014

NBS
NBS
NBS

7/18/2014

NBS

7/25/2014

NBS

8/8/2014

NBS

9/11/2014

NBS

9/17/2014
9/18/2014

NBS
NBS

preparation.
Drafting letter to Court; research on motion to amend.
Revised motion and memo; emails re: same; letter to court;
conference with client're: status.
Telephone conference with court re: oral argument date;
telephone call with Walter Kretz re: same; conference with cocounsel; telephone call and email to client; telephone J. Eterno
re: status and Monell issues (alleged conflict of interest issue
raised by Law Dept in the past); review of Jamaica Hospital
records; email with prior counsel re: substitution and document
search.
Meeting with investigator (1.0); telephone call same and Mag
(0.5); review of research and emails.
Prepare for and appear at Mauriello examination before trial
(busted by defendant).
Emails re: status; prepare opposition to motion for
reconsideration.
Prepare for examination before trial of Mauriello; review of
recent correspondence.
Prepare for Mauriello.
Prepare for Hanlon examination before trial
Review of production; review of report.on crime reporting;
emails re: status of examination before trial
Review of documents produced; review of report of crime
reporting; review of prior discovery demands
Prepare for Dr. Lamstein
Email regarding status with client; meeting with Mag in
reference to redaction issues; letter to Law Department
reference redaction; drafting and revising discovery demands.
Review of examination before trial; telephone co-counsel;
telephone conference with client reference status.
Drafting letters to court re outstanding disocvery disputes by
plaintiff and by defendants
Meeting with team; telephone call with client.
Telephone conference with client (twice) re subject matters of
numerous 30(b)(6) notices; revising same.
Various telephone calls with John Lenoir; telephone client;
review of decisions on involuntary hospital and damages.
Prepare for Sawyer examination before trial (3.0); revise
opposition to Jamaica Hospital protective order motion.
Prepare for James examination before trial.
Prepare for Broschart.
Review of Mauriello examination before trial; telephone call to
Dr. Roy Lubit; and prepare for Mauriello examination before
trial.
Review of prior arguments and submissions discussions
outstanding; conference with Dr. Halpern and team.
Prepare and take examination of trial of Dr. Patel; draft letter to
Court on application re: Dr. Patel.
Review of reports of experts (police and ER); review of record
from psychiatric experts.
Reply to Defendants' letter motion on experts; letter to all
counsel re: expert fees to be paid; review of cases on same.
Prepare for and take Purpi examination before trial.
Prepare for examination before trial; telephone call with Walter

3.50
3.50
3.50

3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50

9/21/2014

NBS

9/25/2014
10/18/2014

NBS
NBS

10/22/2014

NBS

10/30/2014

NBS

11/1/2014
11/4/2014

NBS
NBS

11/5/2014
12/2/2014
12/3/2014

NBS
NBS
NBS

12/8/2014

NBS

12/12/2014
12/13/2014
12/24/2014
2/3/2015

NBS
NBS
NBS
NBS

3/10/2015
3/21/2015

NBS
NBS

3/22/2015
3/25/2015

NBS
NBS

5/12/2015

NBS

6/1/2015
6/30/2015

NBS
NBS

7/3/2015

NBS

7/15/2015

NBS

8/9/2015

NBS

8/10/2015

NBS

8/11/2015

NBS

8/14/2015

NBS

9/8/2015

NBS

Kretz; telephone conference with Roy Lubit; review of expert
reports served today and with co-counsel.
Meeting with John Lenoir and Mag Bauza; meeting with Lubit
re: examination before trial preparation.
Drafting opposition to discover motion.
Research on Rule 68; draft and send memo to client re: Rule
68 offer; telephone client re: same; telephone call to John
Lenoir re: same.
Meeting with Eli Silverman to prepare for examination before
trial.
Prepare for Patel examination before trial; research
warrantless entry and search.
Research on exigent circumstances case law.
Drafting motion to amend; letter to court re: page limit; email
client re: status.
Drafting motion to amend.
Revise memo re: motion to amend.
Revising 3rd Amended Complaint and Memo Of Law In
Support Of Motion To Amend.
Drafting letter to Court re: motion to amend; review of
examinations before trial for motion for summary judgment.
Review of record for summary judgment motion.
Research on exig. cir. exception.
Preparing motion papers
Review of Monell case law for motion; review of supplemental
papers filed by all defendants.
Review of cases on s/i; review of reply submission.
Drafting letter re: Lamstein; Q/F issue and adjournment
request; review of exhibit lists for JPTO.
Review of exhibits for JPTO; revise letter to Court.
Emails re: status; conference with Scott Korenbaum re:
instructions; telephone conference with John Lenoir and Mag
Bauza re: instructions and to do.
Prepare for conference meeting with team; conference with
court on case re: schedule for trial and pre-trial.
Drafting letter to court on reconsideration motion.
Review of motions, memo, and case law on reconsideration
motions by City and Mauriello.
Review of recent production from City Defendants; review of
reconsideration motions.
Review of emails; telephone call to John Lenoir re: expert
discovery; review of opposition to reconsideratio motions;
review of prior record for reply; review of motion in limine and
schedule for trial preparation.
Review of JPTO submissions and interrogation of sections;
email team; email opposing counsel re: schedule; review of
trial assignments.
Revised JPTO; letter to court re: schedule; emails with cocounsel; emails with opposing counsel re: JPTO.
Revising JPTO; review defendant's depositions; objections to
exhibits.
Revising section of JPTO; review and inclusion in sections
from defendants; emails with opposing counsel and co-counsel
re: JPTO; conference with John Lenoir re: rifle issues for trial.
Telephone conference with JN; tc A Schiener (several times)

3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50
3.50

3.50
3.50
3.50
3.50
3.50

1/5/2014
10/21/2014

NBS
NBS

3/7/2013

NBS

4/5/2013
5/14/2013

NBS
NBS

7/1/2013

NBS

8/29/2013
2/10/2014

NBS
NBS

2/18/2014

NBS

3/26/2014

NBS

4/30/2014

NBS

5/19/2014

NBS

7/3/2014

NBS

7/6/2014
10/20/2014

NBS
NBS

11/3/2014

NBS

12/15/2014
7/4/2015
8/20/2015

NBS
NBS
NBS

9/6/2015

NBS

9/15/2015

NBS

re settlement; email all counsel re JPTO and new exhibits
added; tc B Osterman re request to discontinue against JHMC
(less than 6 figures)
Prepare for Boston and Huffman examination before trial.
Review of right to refuse medical treatment cases; emails re:
schedule; telephone to Eli Silverman re: his examination
before trial.
Review of file; meeting with client and Peter Gleason; review of
new matter.
Revise memo of law on prior restraint.
Telephone conference with client re: status; review of
discovery files; outline of production.
Telephone conference with client twice (1.5); review of various
tapes; review of transcripts; prepare Response to the Court
Order re: discovery.
Review of productions; telephone call, to client (0.5)
Telephone conference with the court clerk reference
submission on February 10, 2014; letter to court; prepare for
doctor's examination before trial (2.8)
Review of examination before trial for discovery letter; emails
reference defendant's examination before trial and Norinsberg
termination letter; request JHMC provide and produce the two
EMT's.
Review of drafts 30(b)(6); appear in court on discovery status
(2.2); telephone call client; review of document demands; meet
and confer with opposing counsel (1.0).
Appearance in court on JHMC motion for protective order and
Adrian's motion to strile Mauriello counterclaims reference
(2.2); prepare for same; lunch meeting with team and
colleague of John's re: case.
Review of production; prepare for meeting with client;
telephone call with co-counsel; research on discovery issues
(law enforcement privilege).
Prepare and take Dr. Lwin examination before trial; meeting
with team re: expert report; lunch with team.
Prepare for Jamaica Hospital ebt (Dhar) on policy issue.
Telephone conference with with John Eterno (1.5) re:
examination before trial and case; telephone call with
chambers re: next conference; emails re: same; revising
pleading for purpose of motion; review of case law on right to
refuse, medical treatment (1.5).
Research an existing cir. case law (3.0); telephone conference
with Roy Lubit; emails with opposing counsel; revised 2nd
Amended Complaint for motion to amend.
Research on Mauriello counterclaims.
Drafting opposition to reconsideration motions.
Review of exhibits and serve photos on defendants by email
and fax; letter to court re: filing JPTO; revise and file plaintiffs
draft of pre-trial order.
Review of caselaw and statutory provisions for obtaining
disability pension; review of summary plan description for
pension benefits
Telephone conference with A Scheiner re no deal w/o pension
benefit; tc JN re status; drafting detailed settlement memo to
cleint on settlement

3.70
3.70
3.80
3.80
3.80
3.80
3.80
3.80
3.80

3.80
3.80

3.80
3.80
3.80
3.80

3.80
3.80
3.80
3.80
3.80
3.80

4/12/2015
7/5/2015
3/22/2013

NBS
NBS
NBS

8/22/2013

NBS

11/3/2013

NBS

8/21/2015

NBS

4/23/2013

NBS

6/7/2013

NBS

8/13/2013
10/9/2013

NBS
NBS

10/16/2013

NBS

10/30/2013

NBS

11/5/2013

NBS

12/18/2013

NBS

12/29/2013
12/30/2013

NBS
NBS

1/1/2014
1/3/2014
3/28/2014

NBS
NBS
NBS

4/13/2014
5/8/2014

NBS
NBS

5/13/2014
5/23/2014

NBS
NBS

Prepare for Harlon cross (3.0); review of Lauterborn transcript.
Drafting opposition to reconsideration motions.
Appearance in court on Floyd case to see Marino testify (2.5);
telephone call to client (.3); call to Peter Gleason(.4); prepare
Rule 34 demand for property.
Telephone conference with Jon Lenoir re: status; telephone
Greg Radomisle re: hospital inspection; review of emails re:
schedule; conference with all counsel re: schedule; draft
objections (2.5); conference with Adrian Schoolcraft re: same.
Review of Lauterborn recordings and preparation for his
examination before trial.
Preparing witness focus sheets; email opposing counsel re
status and moiton in limine deadline; and to do (Larry
Schoolcraft very sick and in hospital).
Review of PG on Marino, Mauriello,and Lauterborn; review of
reports of PG by IAB.
Review of Queens D.A. files (20); meeting with John Lenoir
and potential experts on NYPD and dangerousness (2.0);
telephone client re: motion for stay of NYPD
Read recent book by G. Raymond called NYPD Tapes
Meeting with co-counsel; review and revise status report;
review of motions and filing on case re: discovery; telephone
conference with G. Raymond re: Mauriello counterclaims (will
comment in opposing papers).
Prepare for court appearance; appear before Judge Sweet on
various motions (3.2); conference with trial team; telephone
call with Howard Suckle re: status and medical defendant's
examination before trial; email to client.
Telephone conference with client (1.0); email opposing
counsel re: adjournment on Mauriello; review of ernails; review
of Mauriello testimony in Floyd case; review of AS personnel
file records for examination before trial (2.0)
Review of record; prepare for Lauterborn examination before
trial
Prepare for Mauriello; conference with co-counsel, telephone
call to client re: status.
Meeting with client to review various tape recording.
Meeting with client and review various tape recordings (4.3);
obtain tape recorder from NYPD and send to specialist for
enhancement
Review of Silverman and Eterno book
Prepare for Boston and Huffman examination before trial
Meeting with Mag reference jury instructions; telephone call
with client reference 30(b)(6); revising same and serving same.
Prepare for and meet with potential expert (Roy Lubit).
Prepare for conference; attend tc conference with Magistrate
Freeman re: settlement: hospital defendant have no pay status
and City willing to continue discussions, email client re: status;
revising letter to Judge; review of opinion on Mauriello
counterclaim/motion to strike Plaintiff (0.5); research on law
enforcement privileged (1.0).
Travel to Holbrook and meet with Ferrara and his wife.
Research on blue wall silence (2.5); telephone call to potential
witness (Stephen Lerner); telephone to Lubit; email team;
email client; review of document production; telephone

4.00
4.00
4.20
4.20

4.20
4.30
4.50
4.50
4.50
4.50

4.50

4.50

4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50

4.50
4.50

5/30/2014

NBS

6/13/2014

NBS

6/19/2014

NBS

6/20/2014

NBS

6/28/2014

NBS

7/23/2014

NBS

9/12/2014
10/2/2014

NBS
NBS

10/7/2014
10/9/2014

NBS
NBS

10/10/2014
10/19/2014

NBS
NBS

10/29/2014

NBS

12/4/2014

NBS

1/7/2015

NBS

1/15/2015

NBS

2/13/2015

NBS

3/9/2015

NBS

3/15/2015
3/23/2015
4/5/2015

NBS
NBS
NBS

4/7/2015

NBS

8/4/2015
9/4/2015

NBS
NBS

9/7/2015

NBS

conference with Jon Norinsberg re: 81 locker photos.
Prepare for and take examination before trial of Jamaica
Hospital (Maffia)
Telephone conference with Eli Silverman and John Eterno re:
expert discovery schedule (1.0); review of conflict laws;
telephone call to Mag Bauza; telephone to John Lenoir; memo
to file on ER expert (.5)
Review of scheduling order; email with team re: schedule;
email Dr Lubit; review of Patrol Guide; prepare for Duncan
examination before trial (3.0)
Draft opposition to reconsider; review of Duncan examination
before trial; prepare for Duncan.
Review of Mauriello examination before trial; review of Lubit
affirmation in Monaco.
Prepare for examination before trial on Thursday; review of
recent City production, emails with opposing counsel re:
examination before trial.
Travel to Upstate, NY to meet with client; meeting with clientc
Email re: scheduling Silverman and Lubit; conference call with
John Lenoir and Mag Bauza re: trial prep review of CompStat
notes.
Draft motion on discovery.
Telephone conference with client; review of Eterno production;
email re: same; review of Floyd trial.
Review of Floyd transcripts and decision.
Review of 2nd Amended Complaint for purpose of motion to
amend; conference call with team re: Rule 68 offer; email
exchange with Howard Suckle re: same.
Prepare for court; appear in court; conference with client and
John Lenoir re: status.
Revising Amended Complaint and Memo on motion to amend;
began review of depositions for summary judgment motion.
Reviewing motions; meeting with John Lenoir; J. Mck; J.S re:
Compstat videos.
Review of Hanlon examination before trial; review of Marino
examination before trial; review of cases in summary judgment
motion discussion re: Compstat videos.
Review of 5 oppositions to summary judgment motion &
meeting with John Lenoir and Mag Bauza re: issues to address
(3.5), telephone call to client (2 times); emails re: trial date;
telephone to Jon Norinsberf re: meeting and status.
Research on new evidence issue; telephone conference with
team; revising letter to Court on Matthews.
Research on motion to strike.
Prepare witness and exhibit list; rewrite letter to Court.
Prepare of Isakov cross; review of examination before trial and
chart.
Review of and revise motion in limine; review of and revise jury
instructions (medical); draft leter to Court re: extension;
continued preparation on Isakov cross.
Preparing JPTO draft section.
Review of and drafting JPTO; long tc with A Scheinder (3x)
with J Norinsberg re settlement; tc JL re settlement; email
team re same
Preparing for trial; preparing cross examinaiton outlines and

4.50
4.50

4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50

4.50
4.50
4.50
4.50
4.50
4.50
4.50
4.50

focus sheets for witnesses set to testify or likely to testify for
various witness assignements fro trial team
Travel to Mayfield, NY (4.5); review of recent decision in Floyd
case
Meeting with John Lenoir and Mag Bauza; meeting with Jon
Norinsberg and his group (Gerald Cohen and Joshua Fitch).
Review of Section 1983 and 242 issues and jury instructions
for various theories of the case.
Review of examination before trial; transcripts for discovery
issues; telephone call to Walter Kretz (two times) regarding
possible work out.
Prepare for and take examination before trial of Sangetti (4.5);
emails with client re: status and settlement (0.5).
Review of various recordings listed on JPTO; letter to court in
opposition to motions.

8/14/2013

NBS

4.75

2/20/2015

NBS

3/2/2013

NBS

2/25/2014

NBS

5/15/2014

NBS

8/25/2015

NBS

2/24/2013

NBS

Travel with Peter Gleason to meet defendant and his father in
Saugerties, NY.

5.20

11/10/2014

NBS

Telephone conference with Dr. Lubit; attend and defend
examination before trial of Dr. Lubit at Martin Clearwater;
review of draft Amended Complaint; research, on 4th
Amendment warrantless entry (1.5)

5.20

2/12/2013

NBS

Appear for examination before trial of client in Floyd case and
defend same (3.5) (before MJ Freeman); meeting with cocounsel and client in re going forward; review of emails re
status.

5.50

5/8/2013

NBS

Review of recordings; prepare discovery responses.

5.50

5/16/2013

NBS

Review of files; telephone call to co-counsel; telephone client;
call to Lisa Bland.

5.50

6/10/2013

NBS

Revised Order to Show Cause; filed same; emails with
counsel; telephone call to co-counsel; telephone call to client
re: status; 2nd appearance at court.

5.50

6/11/2013

NBS

Research on Younger abstention issues for stay motion.

5.50

6/19/2013

NBS

Drafting reply; telephone call to client re: reply transcript of
10/31/09; call from Village Voice; telephone G. Rayman re:
status of case.

5.50

6/30/2013

NBS

Review of tapes and drafting response to Court Order re:
complication of Plaintiff's deposition testimony and requests to
admit.

5.50

8/25/2013

NBS

Review of production for AEO issue (5.0); telephone call to J.
Smith (photography of inspection).

5.50

9/19/2013

NBS

Inspection at 81 with defendants, cleint, and Mag.

5.50

10/4/2013

NBS

Preparing for Marino and Mauriello examination before trial
(5.0); telephone conference with co-counsel; emails with
opposing counsel re: adjournment for Mauriello; review of PG
& Floyd trial transcripts.

5.50

4.80
5.00
5.00
5.00
5.00

10/7/2013

NBS

Prepared for examination before trial; conference call with cocounsel; conference with client.

5.50

10/24/2013

NBS

Prepared for examination before trial of Dr. Bernier

5.50

6/12/2014

NBS

Continue meeting with Dr. Dan re: ER expert; review parts of
PX69 and home invasion recording with expert; revised and
drafted discovery demand; travel back to New York.

5.50

7/31/2014

NBS

Review of earlier Silverman book on NYPD (2.8); drafting letter
to Judge Sweet; review of letter re: outstanding; telephone
conference with trial team and Dr. Lubit and Dr. Halpern.

5.50

9/14/2014

NBS

Meeting with client; return travel to New York

5.50

9/19/2014

NBS

Prepare for and attaend Carrasco ebt

5.50

10/6/2014

NBS

Drafting motion for discovery; drafting letter re: opposition to
adjourn for trial date; emails with opposing counsel; scheduling
Patel examination before trial; telephone call to the clerk for
Patel's attorney.

5.50

10/15/2014

NBS

Telephone conference with Walter Kretz re: Mauriello; wants a
small compensation from Adrian to settle (.3); telephone call to
Suzanna Mettham and Ryan Shaffer re: Rule 68 offer (.4);
drafting reply letter on discovery motion (3.8); briefing schedule
and witness lists.

5.50

10/31/2014

NBS

Prepare for and take 2nd examination before trial of Dr. Patel
(3.2); research on causes of action for motions to amend and
summary judgment.

5.50

11/13/2014

NBS

Appear and defend Dr. Lubit; conference re: examination
before trial with witness.

5.50

12/7/2014

NBS

Review of examination before trial record.

5.50

12/9/2014

NBS

Drafting letter to Court re: defendants' motion to adjourn trial
and summary judgment; review of examinations before trial for
summary judgment motion; review of Compstat video.

5.50

12/11/2014

NBS

Review of examination before trial for summary judgment
motion; conference with M. Bauza re: JHMC claims; review of
cases.

5.50

12/14/2014

NBS

Review of examination for summary judgment facts; review of
exig. cir. cases; review of prima facie tort and tortuous
interference case.

5.50

12/29/2014

NBS

Drafting Reply Memo on motion to amend.

5.50

1/1/2015

NBS

Review of motions by defendants.

5.50

1/3/2015

NBS

Reading City motion and case law.

5.50

1/5/2015

NBS

Review of motions; review of recent production by City (videos
and EIU file); conference with John Lenoir and Mag Bauza re:
motions.

5.50

1/13/2015

NBS

Compstat vide review

5.50

1/20/2015

NBS

Review of decision on motion to amend; review of cases on
conspiracy; review of examination before trial for motion.

5.50

2/1/2015

NBS

Drafting opposition to motions.

5.50

2/27/2015

NBS

Preparing reply papers.

5.50

3/17/2015

NBS

Drafting motion to strike Lamstein Declaration.

5.50

3/26/2015

NBS

Review of production (discs & cd's) for plaintiff's trial exhibit.

5.50

3/27/2015

NBS

Review of production for JPTO; emails to opposing counsel;
emails to co-counsel re: status.

5.50

3/31/2015

NBS

Review of discovery for witness list, exhibit list, and JPTO;
emails with opposing counsel re: service of subpoenas.

5.50

4/3/2015

NBS

Prepare for cross of Bernier; review of chart and examination
before trial.

5.50

7/22/2015

NBS

Drafting reply on reconsideration; review of documentary on
Schoolcraft; emails with team; review of tape and transcript of
the home invasion; review of witness list and trial exhibits.

5.50

7/23/2015

NBS

Drafting reply; review of witness list and exhibit trial list for
JPTO

5.50

8/5/2015

NBS

Preparing JPTO section; telephone call with team re: same.

5.50

9/12/2015

NBS

Preparing for trial; drafting cross outlines and witness focus
sheets for trial witnesses and their key points

5.50

8/27/2013

NBS

Travel to Saugerties to meet client (4.5); meeting with client re:
status (3.5).

5.75

3/27/2013

NBS

Revising Memo of Law in Opposition (4.5); telephone call to
client; meeting with Peter Gleason; mag and artist re
demonstratives.

5.80

5/21/2013

NBS

Meeting with Jon Lenoir; telephone conference with co-counsel
and Jim McCutheon; telephone conference office of Lisa
Bland; review of civil commitment articles and decision on
dangerousness predictions; review of discovery record;
prepare responses to objections to City Defendants demands;
listening to recording of IAB interview.

5.80

10/29/2013

NBS

Preparation for examination before trial of Mauriello; review of
research on video use conference with 10-10.

5.80

4/16/2014

NBS

Telephone conference with team (1.0); conference with client
re: settlement demands (1.2); research on commitment cases;
state action and Section 1983; review of Plaintiffs demands.

5.80

8/3/2014

NBS

Review and revise letter to Court; research on deposition
conduct re: definition of harassment.

5.80

9/29/2014

NBS

Meeting with Dr. Halpern Ruder and John Lenoir; prepare for
examination before trial; review of CompSTAT notes.

5.80

10/27/2014

NBS

Meeting with John Lenoir re: amended complaint; review of
emails; telephone call to Investigator Skinner; email with
Silverman review of discovery record on complaint; review of
tapes re: Amended Complaint.

5.80

4/8/2015

NBS

Drafting cross - outlines; letter to court; conference with trial
team.

5.80

3/26/2013

NBS

Telephone conference with client (.5); call to Peter Gleason
(.3); drafting memo of law in opposition to motion.

6.50

4/9/2013

NBS

Continued review of discovery)(4.0); MHL on emergency
hospitalization; meeting with potential expert re: medical
malpractice issues (1.5); meeting with John re: motion;
telephone call to Walker re: same.

6.50

4/26/2013

NBS

Meeting with client re: background and chronological with John
Lenoir.

6.50

7/31/2013

NBS

Meeting with H. Suckle re: hospital; draft memo to client; revise
sub of counsel; memo of goals; document demand; emails re:
discovery plan with co-counsel and opposing counsel;
telephone call to client re: status.

6.50

8/15/2013

NBS

Meeting with client re: examination before trial preparation

6.50

2/28/2014

NBS

Letter motion regarding discovery issue.

6.50

4/25/2014

NBS

Prepare for and take deposition of Sawyer.

6.50

6/11/2014

NBS

Travel to Rhode Island and meet with Dr. Dan re: ER expert.

6.50

7/17/2014

NBS

Prepare for and take examination before trial of City 30(b)(6)
witnesses on performance evaluation of supervisors and of
police officers.

6.50

10/3/2014

NBS

Legal research on Monell issues (1.8) meeting with Mag and
John Lenoir; emails re: trial date; conference with client re:
status and trial date; review of Nelson discover records (1.5);
review of Patrol Guide; review of CompStat notes (2.0); prep
motion for discovery.

6.50

10/16/2014

NBS

Telephone conference with John Lenoir; drafting letter to court
on discovery motions/issue (2.8); research on Rule 68 issues
(2.5); email re: discovery schedule.

6.50

10/23/2014

NBS

Prepare for Silverman; telephone call to Silverman (2 times);
review of report; draft letter rejecting Rule 68 offer.

6.50

1/24/2015

NBS

Review of record; research on cases cited by defendants
summary judgment motion.

6.50

3/12/2015

NBS

Research on new evidece and new arguments on reply;
meeting with team.

6.50

3/18/2015

NBS

Review of JPTO reqirement; telephone to Walter Kretz re:
status; drafting verdict sheet; prepare for trial; review of
subpoenas; meeting witj John Lenoir re: trial lists of witnesses
and exhibits.

6.50

4/1/2015

NBS

Email team; telephone call Brown (Daily News) re: status;
study of hospital chart; review of Bernier examination of trial
and prepare cross.

6.50

4/4/2015

NBS

Prepare cross of Bernier; review of trial exhibits; review of draft
jury instructions.

6.50

5/12/2014

NBS

Prepare for and take James examination before trial.

6.80

10/28/2014

NBS

Prepare revisions to 2nd Amended Complaint for motion to
arrest; research on issues relating to motion to amend.

6.80

3/29/2013

NBS

Review of discovery; review of letter re gag order; telephone
call to client; email team; call to Peter Gleason; telephone G.
Rayma.

7.50

4/4/2013

NBS

Drafting memo of law on prior restraint.

7.50

4/8/2013

NBS

Meeting with client all day re prep for case and ebt

7.50

4/27/2013

NBS

Meeting with client re: background with John Lenoir.

7.50

6/27/2013

NBS

Review of tapes for the purpose of responsing to discovery
demands by the City for requests for admissions and providing
additional information to the defendants about the recordings.

7.50

9/25/2013

NBS

Appearance in court on motions (2.0); meeting with team re:
case and examination before trial (2.0); prepare for
examinations before trial of plaintiff

7.50

10/2/2013

NBS

Inspection at Jamaica Hospital; visit Queen's location; Meeting
with client; reviewing tapes re: examination before, trial.

7.50

12/9/2013

NBS

Take examination before trial of Caughey.

7.50

6/23/2014

NBS

Telephone conference with client (log) re: status; prepare for
and take examination of Duncan; emails with opposing counsel
re: schedule; telephone call to'Dr, Patel.

7.50

6/29/2014

NBS

Review of Mauriello examination before trial; prepare for
continued examination before trial of Mauriello (4.5);
conference with client re: status; email Dr. Lubit; email John
Lenoir.

7.50

7/7/2014

NBS

Take and prepare for Jamaica Hospital examination before
trial.

7.50

7/24/2014

NBS

Prepare for and attend City 30(b)(6) (cooper); prepare for
examination before trial for Dr. Patel; conference with client.

7.50

8/1/2014

NBS

Review of letters on numerous discovery disputes; review of
videos of Dr. Patel's examination before trial; drafting letter on
three motion letter.

7.50

8/4/2014

NBS

Drafting letter re: 3 discovery motions; long conference call
with experts Silverman and Eterno (1.5); preparing letter for
experts on
police issues and transmitting documents to experts (2.5)

7.50

9/13/2014

NBS

Meeting all day with client, John Lenoir and Magdalena Bauza
re summary jugdment motions; motion to amend;
wages/damages issues; trial plans; expert discovery and
reports

7.50

10/8/2014

NBS

Review of Floyd record; research on witness list issues;
telephone call with Dr. Dan Halpern; email correspondences
Silverman and Eterno.

7.50

10/14/2014

NBS

Meeting with Eterno (2.5); travel to Hempstead (2.0); review of
Rule 68 offer (.5); review of Floyd trial transripts and decision

7.50

10/24/2014

NBS

Defend Silverman's examination before trial.

7.50

12/16/2014

NBS

Drafting summary judgment motion.

7.50

12/21/2014

NBS

Drafting summary judgment motion.

7.50

12/23/2014

NBS

Revising and filing paper; review of paper.

7.50

12/31/2014

NBS

Draft opposition to summary judgment.

7.50

1/10/2015

NBS

Review of examinations before trial and Compstat videos.

7.50

1/11/2015

NBS

Review of examination before trial and Compstat videos;
conference with group on Commpstat videos.

7.50

1/14/2015

NBS

Conference with client and John Lenoir; review of examination
before trial and motions.

7.50

1/16/2015

NBS

Review of Hanlon examination before trial; review of cases;
review of Compstat video.

7.50

1/17/2015

NBS

Review of examination before trial; prepare summary judgment
oppositions.

7.50

1/19/2015

NBS

Review of Compstat videos; review of cases cited in various
motions; research on standard of objective/subjective good
faith and qualified immunity.

7.50

1/22/2015

NBS

Drafting memo in opposition; telephone call to Walter Kretz;
emails re: schedule.

7.50

1/25/2015

NBS

Review of record for summary judgment motion opposition.

7.50

1/26/2015

NBS

Drafting opposition papers; research on probable cause.

7.50

2/5/2015

NBS

Drafting opposition brief.

7.50

2/12/2015

NBS

Telephone conference with client; call with Jon Norinsberg and
John Lenoir; emails; telephone call with new city lawyer;
review of files under seal; review of opposition motion.

7.50

3/3/2015

NBS

Drafting reply.

7.50

3/16/2015

NBS

Drafting motion to strike.

7.50

3/29/2015

NBS

Review of discovery record for JPTO and witness cross.

7.50

3/30/2015

NBS

Review of discovery record for JPTO - exhibits and witness;
telephone call to John Lenoir re: witness responsibilities;
telephone to Mag Bauza re: jury instructions and diagram.

7.50

4/9/2015

NBS

Prepare for trial - jury verdict sheets and cross examination
outlines of witnesses

7.50

4/10/2015

NBS

Prepare for Harlon cross; emails re: status; telephone call to
Mag Bauza re: to do; telephone conference with John Lenoir
re: witnesses; review of witness list.

7.50

7/8/2015

NBS

Review of recent and prior productions by the City

7.50

4/11/2014

NBS

Prepare for and take Gough examination before trial

7.80

4/28/2014

NBS

Prepare for and take Duncan examination before trial and
conference with all counsel and MJ Freeman re: settlement
discussion.

7.80

6/18/2014

NBS

Prepare for and take Broschart re: examination before trial.

7.80

1/8/2015

NBS

Telephone conference with Howard Suckle (.3); meeting with
Mag (.1.5); telephone call to Ryan Shaffer; Paul Callan;
Gregory Radmosili re: summary judgment schedule; review of
Lauterborn examination before trial (4:5)

7.80

2/2/2015

NBS

Telephone conference with Jon Norinsberg (.5); meeting with
John Lenoir re to do list for trial(1.2); conference with client and
John Lenoir re: trial team; drafting opposition to motion (5.0);
telephone call to client re: same; letter to court re: schedule
adjustment.

7.80

2/7/2015

NBS

Drafting opposition to Jamaica Hospital and doctor motion.

7.80

9/23/2014

NBS

Prep for and attend examination before trial of Roy Lubit; call
to court re: schedule.

8.00

1/4/2015

NBS

Reading Mauriello and JHMC motions and case law.

8.20

5/20/2014

NBS

Travel to and from Johnstown, NY meeting with client;
conference with Magistrate Freeman; ex-parte conference with
Magistrate Freeman.

8.25

5/14/2014

NBS

Prepare and take examination before trial of Marquez.

8.40

3/25/2013

NBS

Working on opp to motions to guash and compel; telephone
call with client and review of materials with client (1.5);
telephone conference with Jon Norinsberg re Queens DA; suit
and sharing information (0.5).

8.50

6/18/2013

NBS

Drafting reply on stay; research on issues re: same.

7/10/2013

NBS

Travel to Albany and meet with the client at John Garber's
office (194 Washington Avenue); return to NYC { 8 hours travel
time}

8.5
0
8.50

10/14/2013

NBS

Telephone conference with L. Dunn; telephone call to John
Lenoir re: case; drafting and research on motion to strike
Mauriello answer; discovery matters (AEO personal property)
and opposing to motion to amend pleadings (7.5).

8.50

12/20/2013

NBS

Take examination before trial of Mauriello.

8.50

1/13/2014

NBS

Prepare for and take Hanlon examination before trial;
conference with team re: examination before trial and case

8.50

2/11/2014

NBS

Prepare for and attend Dr. Bernier examination before trial.

8.50

4/23/2014

NBS

Drafting opposition to Jamaica Hospital motion for protective
order; prepare for and attend examination before trial of
Bernier

8.50

5/22/2014

NBS

Drafting opposition to City motion for protective order and
cross-motion for documents, research on same.

8.50

5/28/2014

NBS

Prepare for conference of motion; appear on motion before
Judge Sweet (2.8); telephone call to Dr. Lubit; telephone call to
the office of Eterno; conference with all counsel re: schedule
and need 30-45 days; prepare for Weiss examination before
trial; conference with team re: Weiss; telephone Jon
Norinsberg re: locker photos.

8.50

12/10/2014

NBS

Review of examination before trial for preparation of motions
meeting with John Lenoir re: motions.

8.50

1/18/2015

NBS

Prepare summary judgment opposition; review of Hanlon,
Sangianetti, and Marquez examination before trial; review of
Compstat videos.

8.50

1/21/2015

NBS

Drafting summary judgment motion papers (memo of law; rule
56.1 statement); telephone Ryan Shaffer; call Norinsberg re:
wants co-counsel to get access to Adrian Schoolcraft's records
(medical) in IAB file.

8.50

4/2/2015

NBS

Meeting with team; review of trial exhibits; conference call with
John Lenoir re: Compstat; call with Mag re: jury instruction;
prepare for cross of Bernier.

8.50

8/19/2015

NBS

Preparing JPTO; review of emails; preparing witness focus
sheets; review of all defendants exhibits for purposes of
asserting objections.

8.50

4/7/2013

NBS

Meeting at upstate with' team.

8.60

4/10/2014

NBS

Prepare for and take deposition of Trainor; prepare for Gough
examination before trial.

8.90

9/30/2014

NBS

Appear for and defendant Ruder examination before trial;
prepare for conference the following day; review of CompSTAT
notes.

8.90

6/26/2013

NBS

Travel to Johnstown for meeting with client [8 hours of travel].

9.00

9/26/2013

NBS

Appearance for client; examination before trial and prepare for
same.

9.00

9/27/2013

NBS

Appearance for examination before trial of defendant and
prepare for same.

9.00

1/23/2015

NBS

Research and draft Response to Mauriello summary judgment
motion.

9.00

5/7/2013

NBS

Listening to day-long recording of 10/31/09; taking notes
thereof (7.0); review of discovery requests; prepare same.

9.50

10/8/2013

NBS

Preparing for and taking Marino's examination before trial;
calls to Court on status of various motions.

9.50

11/7/2013

NBS

Prepare for and take examination before trial of Lauterborn;
conference with team; telephone call with client re: status.

9.50

1/30/2014

NBS

Prep for and take Dr. Lamstein examination before trial

9.50

2/12/2014

NBS

Prepare for and attend Dr. Isakov examination before trial.

9.50

5/29/2014

NBS

Prepare for Weiss; take Weiss examination before trial;
prepare for JHMC.

9.50

6/5/2014

NBS

Meeting with team and J. Ferrara; attend deposition of J.
Ferrara at Law Department; drafting discovery demands for
Mauriello.

9.50

7/1/2014

NBS

Prepare and take Mauriello examination before trial.

9.50

7/16/2014

NBS

Take deposition 30(b)(6) witnesses of City in the morning and
afternoon; prepare for same; conference with co-counsel;
conference with court clerk; prepare for examination before
trial next day.

9.50

10/17/2014

NBS

Appear for and defend Eterno examination before trial; revise
and file letter with court re: outstanding discovery issues.

9.50

12/20/2014

NBS

Drafting summary judgment memo.

9.50

12/30/2014

NBS

Telephone conference with John Lenoir; telephone call to
client re: Norinsberg; drafting summary judgment; review of
new material.

9.50

1/27/2015

NBS

Meeting with John and Mag re: summary judgment motion;
draft opposition; research on St amendment issues.

9.50

2/6/2015

NBS

Drafting opposition papers.

9.50

2/8/2015

NBS

Drafting opposition to Dr. Bernier and Dr. lsakov's motions;
conference with John Lenoir; telephone call with Mag Bauza.

9.50

3/6/2015

NBS

Drafting reply.

9.50

8/16/2013

NBS

Meeting with client to discuss case and deposition (7.5); travel
back to NY (4.5).

9.75

1/6/2014

NBS

Prepare for and take examination before trial of Boston and
Huffman; meeting with team re: status and going forward

10.50

12/17/2014

NBS

Drafting summary judgment motion.

10.50

12/19/2014

NBS

Drafting motion for summary judgment.

10.50

2/9/2015

NBS

Drafting opposition motion; conference with John Lenoir (.5)
telephone call with Mag Bauza; drafting 56.1 opposition;
telephone conference with Brian Lee re: Isakov claims (0.2).

10.50

3/4/2015

NBS

Drafting reply.

10.50

3/5/2015

NBS

Drafting reply.

10.50

12/18/2014

NBS

Drafting summary judgment motion.

12.00

12/22/2014

NBS

Draft motions; memo; Rule 56.1 Statement; conference with
client re: sealing and objection to it; letters (2x) Court.

12.50

2/10/2015

NBS

Opposition motion ; telephone conference with Ryan Shaffer;
telephone call with Jon Norinsberg, email client.

12.50

EXHIBIT 9
Norinsberg
Group
06/25/10
06/26/10
06/28/10

JLN
GMC
GMC

06/29/10
07/02/10

JLN
JLN

07/04/10

JLN

07/07/10
07/07/10

GMC
GMC

07/07/10

JLN

07/08/10

JLN

07/12/10
07/13/10

JPF
NB

07/14/10

NB

07/15/10
07/15/10
07/15/10

JLN
JPF
NB

07/16/10
07/16/10

JLN
JLN

07/17/10

GMC

07/17/10
07/18/10
07/19/10
07/20/10
07/20/10

JPF
JPF
JLN
GMC
JLN

07/21/10
07/22/10
07/22/10
07/26/10

JPF
JLN
JPF
JLN

07/30/10

GMC

07/31/10
07/31/10
08/05/10

JLN
JPF
JLN

08/06/10
08/06/10

JLN
JLN

Reviewed transcript of Polanco tapes; took notes re: same
Reviewed transcript of Polanco tapes
Online search of PBA Arbitration decision and phone call w/Bonnie
Siber Weinstock (arbitrator)
E-mail exchange GC re: Schoolcraft matter
Reviewed media stories & news articles provided by AS; notes re:
same
Read e-mails from A. Schoolcraft re: articles on Mauriello and
Palestro
Listened to Schoolcraft recordings
Reviewed of Schoolcraft documents, evals, photos, memos, UF49s,
letters to PBA, letters to Mauriello...
Reviewed Schoolcraft documents, evals, memos, letters to PBA,
letters to Mauriello
Started review of CD Recordings (2008 roll calls) provided by AS;
took notes re: same
Review of Schoolcraft tapes
Continued review of Schoolcraft recordings; prepared digest of
same
Continued reviewing CD recordings (2008 roll calls) and prepared
digest of same
Review of Schoolcraft recordings (2008 roll calls)
Review of Schoolcraft tapes
Continued reviewngSchoolcraft roll calls (2009 roll calls); prepared
digest of same
Continued review of Schoolcraft recordings (2008 roll calls)
Continued listening to recordings (appeal meeting; Mascol
conversation; Lauterborn Duty Captain incident); took notes re
same.
Reviewed of Schoolcraft documents, evals, photos, memos, UF49s,
letters to PBA, letters to Mauriello...
Review of Schoolcraft tapes
Review of Schoofcraft tapes
Review of Schoolcraft roll calls (2009 roll calls); notes re: same
Researched case law for complaint and continued drafting complaint
Continued review of Schoolcraft roll calls (2009); took notes on
same
Review of Schoolcraft documents & tapes
Continued review of Schoolcraft recordings (2009 roll calls)
Review of Schoolcraft documents & tapes
T/c Larry Schoolcraft re: Del Pozzo e-mail GR & PBA letter to Stuart
London
Review and revise complaint, transcribed partial recordings,
research case law
Cont'd review of Schoolcraft tapes and timeline chart
Review of Schoolcraft tapes & timeline
E-mail exchange with JF re: clarification of some factual issues in
the complaint
Continued review transcriptions of August 2009 logs
Reviewed June 2009 roll calls, Halloween night and visits to

0.40
0.75
2.10
0.20
4.20
0.25
1.80
2.90
2.70
3.70
4.40
4.20
3.60
3.10
3.40
3.10
3.40
5.40
2.10
4.25
3.90
4.20
2.10
3.90
4.75
3.10
3.10
0.60
2.40
3.10
3.10
0.20
1.40
3.80

08/06/10
08/06/10

JLN
JPF

08/07/10
08/07/10
08/08/10

JLN
JLN
JLN

08/10/10

GMC

08/22/10

JLN

08/24/10

JLN

08/31/10

GMC

08/31/10

JPF

09/06/10
09/16/10

JLN
JLN

10/02/10
10/12/10

JLN
GMC

10/12/10

JLN

10/12/10
11/01/10

NB
GMC

11/02/10

GMC

11/14/10

JLN

12/01/10
02/19/11

GMC
JLN

03/01/11

JLN

05/06/11
05/20/11
05/20/11
05/24/11

JLN
JLN
JLN
GMC

05/24/11

JLN

06/16/11

JLN

06/27/11

JLN

07/05/11
08/14/11

GMC
GMC

Johnstown recording transcripts and discussed same with JF
E-mail exchange with JF re community visits
Review of transcripts from Legal Language re June 2009 roll calls,
Halloween Night, & visits to Johnston
Continued review transcriptions of March 2009 logs
E-mail exchange JF re explanation of community visits
Reviewed transcription of December 2008 logs of roll calls; notes re:
same
Phone and email correspondence with Off the Page Creations to
discuss deign of Schoolcraft Justice website
E-mail exchange with AS re: Internet search results on Dr. Lamstein
and previous Cheroff case
Reviewed AS videos & audio recordings & photos re: "Harassment
&Stalking" by NYPD & Johnstown PD in upstate NY; took notes re:
same
Interview with JF of "DH" and "EB" former NYPD, reviewed
materials, recordings re: quotas, downgrading
Interview with GC of "DH" and "EB" former NYPD, reviewed
materials, recordings re: quotas, downgrading
E-mail exchanges with Joseph Ferrara (former Lt. 81 pct)
Reviewed Floyd deps from Floyd Proceedings, including Mauriello
Dep., Donald McHugh Dep.; Angel Herran Dep, and Paul Browne
dep.; took notes re same.
E-mail exchanges w/ GC re: whistleblower cops
Phone call and email w/ CUNY professor who has info re:
Schoolcraft
Reviewed memo of law in Support of defendants JHMC motion to
Dismiss; ; took notes re: same; researched case law cited
Printed JHMC MTD for JLN: bound same
Reviewed Schoolcraftjustice posts made calls, returned emails and
set up appointments
Email and phone correspondence with web designer re: updates to
Schoolcraftjustice.com
Reviewed AS recordings w/ Kings County DA and Queens County
Michelle Cort
Email and phone correspondence w/Charney re Floyd affidavit
E-mail exchange the trial in Kings County involving quota allegations
and testimony from Captain Perez (81)
Reviewed recordings of Sgt. Hans, and Lt. Williams provided by PO
"Angel" Rosa
E-mail exchange w/ GC and JF re: motion to dismiss decision
E-mail exchange AS re: 1st Set of Interrogatories
E-mail exchange re: Plaintiffs' First Request for Admissions
Review of email and correspondence w/JN re anonymous PO from
81st precinct
Review of E-mail and correspondence w/ GC re anonymous P.O.
from 8lst precinct
E-mail exchange upcoming meeting with Queens DA & plaintiff
desire to postpone meeting until we have discovery responses
E-mail exchanges with all counsel re: setting up R. 26 Conf. for
scheduling of discovery
Review of Discovery plan and correspondence regarding same
Drafted responses to all discovery demands for medical defendants
and emailed to JN for his review

0.20
2.75
1.80
0.25
3.60
1.25
0.20
2.40
3.25
3.25
0.20
4.25
0.30
0.25
2.80
0.15
1.75
0.75
0.40
0.80
0.20
0.30
0.20
0.20
0.20
0.40
0.30
0.20
0.20
0.75
4.75

08/18/11

GMC

09/01/11

JLN

11/18/11

JLN

11/18/11

JLN

12/05/11

JLN

12/05/11

JLN

12/06/11
12/23/11
02/10/12

JLN
JLN
GMC

02/10/12

JLN

02/10/12

NB

02/28/12

JLN

03/14/12
03/25/12

NB
JLN

03/28/12
04/05/12
04/05/12
04/05/12

JPF
GMC
JLN
JPF

04/08/12

JLN

04/16/12

NB

04/25/12
04/30/12

JPF
GMC

05/09/12
05/11/12

JPF
GMC

05/11/12

JLN

05/11/12

JPF

05/11/12

NB

05/13/12

JLN

05/24/12

JLN

05/30/12
06/07/12

JLN
GMC

Drafted letters accompanying responses to Discovery Demands and
prepared thumb drives that included responsive documents
Review of E-mail from Darius Charney enclosing Floyd decision;
read SJ decision; took notes re: same
Reviewed mise recordings re: "4 collars" Jones, Guillermo and
Kamper
Listened to Polanco recordings, including Heran, McHugh, Sgt.
Bennett; took notes re: same.
Reviewed City's first set of doc demands, City's response to
Plaintiffs request for admissions, & City's Rule 26 disclosures
Started review disclosures from D. Canfield, including BNIU file and
multiple CD Recordings
Con'td review of BNIU file and recordings; took notes re same
Reviewed recordings and documents from Frank Palestro
Drafted proposed supplemental demands for the City and emailed to
JN for review
Revised, edited and finalized Second Set of Document Demands for
City. Also drafted list of items needed for subpoenas and for
supplemental disclosure from City.
E-mail exchange to Jeremy Stephens regarding serving subpoenas
on Johnstown PD, FCSD and FCDSS
E-mail exchange re: number of actual visits by Johnstown PD &
dates times (vs. their dates/times)
Pulled and email GC various documents from Schoolcraft file
Finished responses to City's document demands; forward same to
GC & JF for review
Conf. re confidentiality stip & Village Voice article
Review & discuss w/ JN & JF plaintiff's responses to City demands
Review & discuss w/ JF & GC plaintiff's responses to City demands
Review and discuss w/ JN & GC plaintiff's responses to City
demands
T/c w/Kevin Rodriguez (PBA Delegate & PO in 52) re quotas in his
precinct; sending materials for our review
E-mail exchange to Jeremy Stephens (investigator) regarding
serving subpoenas on Vallone and Kelly
Response emails
Review NY Times proposed language to protective order and email
sent to City Defendants
Review of cases & letter in prep of argument
Read and review of defendant's letter to quash and discussion w/ JF
& JN
Read defendant's motion to quash and discussion w/ GC & JF re:
same
Read and review of defendant's letter to quash and discussion w/
GC & JN
Prepared follow up letter to Gilbo subpoening records for JPD; sent
same via regular mail
Reviewed docs from another quota case (Robinson v. City,
05cv9545) Reviewed dep transcripts from Robinson, Including
Emmanuel Bowser, Michael Ryan J. Robinson); took notes re: same
Notice of Appearance by Walter Kretz, behalf of Mauriello; Google
search re: Kretz
E-mail exchange w/GC and JF re City stips and revisions
Revised AEO and Conf stips to send back to the City and emailed to

1.10
0.50
0.40
1.40
0.60
1.80
3.75
2.40
1.80
2.20
0.20
0.20
0.20
2.40
0.80
0.80
0.80
0.80
0.70
0.20
0.25
0.40
1.80
2.10
2.10
2.10
0.25
3.40
0.20
0.30
1.40

06/14/12

GMC

06/14/12

JLN

06/14/12

JLN

06/19/12
07/12/12

JLN
JLN

07/23/12

JPF

08/14/12

NB

08/28/12

NB

09/01/12

JLN

09/07/12

JLN

09/10/12
09/11/12

JLN
NB

09/12/12

JLN

09/13/12

JLN

09/14/12

JLN

09/15/12
09/15/12

GMC
JLN

09/15/12

JPF

10/04/12
10/11/12
10/12/12
10/13/12

GMC
GMC
NB
JLN

10/18/12

JLN

10/19/12

JLN

10/19/12

JLN

10/21/12

JLN

10/22/12

JLN

10/22/12

JLN

JN for final review
Review of Judge Sweet re: motion to amend and motion quash
subpoena
Read Judge Sweet's Opinion on Plaintiff's motion to amend
Councilman Vallone's motion to quash
Reviewed background search by Warren Investigators of Marino,
Lauterborn and Mauriello
Meeting with Schoolcraft in Johnstown
Review of Schoolcraft's recordings; prepared comprehensive
timeline; sent to JF
Research on prior restrain, retaliation, and protected speech/law
enforcement under Tachler
Prepared letter and authorization for the release of tax records to
Publicker; sent same via mail and e-mail
Copied, sorted and catalogued various non party subpoenas
(County of Fulton, Johnstown PD for each defendant); drafted and
sent letter to all counsel enclosing same via mail
Multiple e-mails and attachments from PO Kevin Rodriguez re:
quota activity at the 52 pct.
E-mail exchange w/K.Rodriguez re: monthly performance
evaluations & evidence of quotas/pressure
Response from City on Hanlon amend; notes re: same
Formatted and made edits to JLN letter to Court requesting 120 day
extension of time; filed same with Court
Reviewed ltr and enclosures from ACC Publicker, including multiple
CD's with recorded interviews made by IAB (non-confidential);
began listening to CD interviews (3742-3748)
Cont'd listening to CD interviews from IAB (non-confidential)
investigation
Cont'd listening to CD interviews from lAB (non-confidential)
investigation
Reviewed IAB recordings provided by the City
Listened to recordsings of Capt. Thoms J. Kemper at Transit District
4; recording of Deputy Insp. Donna Jones (Employee Management
Division); took notes re same.
Reviewed/listened to IAB recordings provided by the City re:
investigation into Schoolcraft matter
Phone call and email correspondence w/Darius Charney
Attended AS deposition and meeting afterwards
email exchange with S. Publicker regarding City's consent
Began listening to IAB interviews (Sgt. Duncan/Lt. Gough); took
notes re same; created summary of most important points re:
Halloween nt.
Listened to interviews of Det. Yeager, Lt. Delafuente & Sgt. James;
took notes re same.
Listened to IAB interviews of P.O. Reyes, P.O. Visconi; notes re
same
Listened to IAB interviews for PO Mohabir, P.O. Gaspari, and P.O.
Nowacki; took notes re same
listened to IAB interviews for Sgt. Scanlar, Lt. Crawford & Det.
Barbara; took notes re same
Listend to IAB interviews of DI Green (CO 104) & P.O. Deck; took
notes re same.
Listened to IAB CD of EMT Villaverde, Sgt. Conwell & P.O. Hurly;
took notes re same

0.60
0.20
0.30
4.80
3.80
3.25
0.25
0.45
0.30
0.20
0.10
0.60
3.40
3.70
4.60
3.80
1.20
4.75
0.75
8.90
0.20
3.80
3.20
1.80
2.90
1.80
1.60
1.80

10/22/12

JLN

10/23/12

GMC

10/23/12
10/23/12

JLN
JLN

10/24/12

JLN

10/27/12

JLN

11/13/12

GMC

11/13/12
01/27/15

NB
JLN

01/31/15

JLN

02/07/15

JLN

02/08/15
02/11/15
02/11/15
02/11/15
02/11/15
02/11/15

JLN
GMC
GMC
JLN
JPF
JPF

02/12/15

JPF

02/14/15

JLN

02/16/15
02/16/15

GMC
JPF

02/17/15
02/19/15

JPF
GMC

02/19/15

JLN

02/20/15

JLN

02/21/15

JLN

02/21/15
02/22/15

JPF
JLN

02/22/15
02/23/15

JPF
JLN

02/23/15
02/24/15
02/25/15

JPF
JPF
JPF

Listened to IAB interview of Sgt. Glaudino (ESU), P.O. Sadowski
and PAA Thomspon; took took notes re same
Drafted responses and compiled responsive docs for City
defendants second request for discovery sent to JN for review
Listened to IAB interviews of P.O.'s Astor & Santana; took notes re:
Listened to IAB CD interviews of Sgt Weber, P.O. Lewis and P.O.
Reyes
Listened to IAB interview of E. Marshall, P.O. Louis, P.O. Miller and
P.O. Itwaru;took notes re same
E-mail & follow up T/c w/ Eli Silverman re: case status and specific
items for discovery
Various correspondence confirming termination of representation
with the parties
newly identified defendants; emailed JLN regarding sarne
Researched case law cited in City's Memo re: Unlawful entry
section, 1st Amendment section and conspiracy section.
Reviewed City's Revised Memo of Law for Partial SJ; reviewed
City's Local R. 56.1 Statement
Reviewed all remaining Rule 56.1 Statements and Declarations;
took notes re: same and prepared list of all potential exhibits all
witnesses, all possible motions in limine based on said review
Cont'd review of 56.1 statements and supporting docs
Review of witness/exhibit list from JN and discuss with JF
Review of summary judgment motions and exhibits
Review of witness/exhibit list from JF and discuss with GC
Review of witness/exhibit list from JN and discuss with GC
Review of declarations from City, Berniers, Isacov, & JHMC w/
accompanying exhibits
Review of 56.1 counter statements from JHMC, City, Mauriello, &
Isacov
Reviewed exhibit books volumes 1-3; read and highlight Dept. Adv.
Interviews or Marino and Mauriello
Review of summary judgment motions and exhibits
Review of deposition exhibits &
depositions
Review of deposition exhibits & depositions - Mauriello
Reviewed Mauriello's motion for SMJ and opposition to plaintiff's
motion for SMJ
Reviewed IAB summary of witness statements; took notes regarding
same
Further revised and edited proposed list of exhibits and witnesses;
E-mailed same to NS for todays meeting
Started outline of crosses for Lauterborn, Marino and Mauriello;
moved relevant case facts into each cross outline; started adding
relevant facts from recordings of home invasion and IAB interviews.
Review of Schoolcraft discovery/deps - Caughey
E-mail exchange AS regarding clients request for indemnification
from city for Mauriello's counterclaim
Review of Schoolcraft discovery/deps - Gough
Reviewed second set of filings by all defendants (responses); took
notes re: same
Review of Schoolcraft discovery/deps - Larry Schoolcraft
Review of Schoolcraft discovery/deps - Huffman
Review of Schoolcraft discovery/deps - Valenti

2.80
3.40
1.70
2.30
2.60
0.40
0.25
0.20
3.40
1.10
3.40
3.70
1.30
2.50
1.30
1.30
1.40
2.30
4.90
3.10
4.80
3.75
1.40
1.80
1.60
3.60
5.60
0.20
4.80
1.30
3.80
4.25
3.25

02/25/15

JPF

02/26/15

JLN

02/26/15

JLN

02/26/15
02/27/15
02/27/15

JPF
GMC
GMC

02/27/15

JLN

02/28/15
03/01/15
03/02/15
03/02/15
03/04/15
03/04/15
03/04/15
03/09/15

JPF
JPF
GMC
JPF
GMC
JLN
JPF
JLN

03/09/15

JLN

03/09/15
03/10/15

JPF
GMC

03/11/15
03/13/15

JPF
JLN

03/16/15

GMC

03/17/15

JLN

03/18/15
03/19/15

GMC
JLN

03/19/15
03/20/15

JLN
JLN

03/22/15

GMC

03/22/15
03/23/15

JLN
GMC

03/23/15

JLN

03/24/15

GMC

03/24/15

JLN

03/24/15

JLN

Review of Schoolcraft discovery/deps Lamstein/Sanganetti/Marquez
Read e-mail from NS regarding new 2d Cir. 1st Amend. Decision
(Matthews); read & highlighted decision
T/c with Meny (NS office) and follow up E-mail exchange regarding
obtaining cd's from Sgt. Scott's lAB interview
Review of Schoolcraft discovery/deps - James
Review of deposition summaries by NS team
Email and phone correspondence w/Veritext re: transcribing IAB
recordings
E-mail exchange toNS requesting review of our exhibit list (as
compiled by JN & GC) re global "universe" of all exhibits needed for
trial, and made additional requests for items that will facilitate trial
prep.
Review of Schoolcraft discovery/deps - Boston
Review of Schoolcraft discovery/deps - Broschart/Sawyer
Review of deposition summaries by NS team
Review of Schoolcraft discovery/deps - Sawyer/Duncan
Phone and email call w/JN re: witness list
Phone and E-mail w/GC re: witness list
Review of Schoolcraft discovery/deps - Duncan
Compiled List of NYPD witnesses for trial and assigned all
witnesses to team for trial; e-mailed copy of same to team
E-mails to NS regarding missing IAB tapes, Marino confidentiality
section of deposition; adding exhibits to global trial list, and revising
list of trial assignments for each member of team
Review of reply memo & supporting docs filed by all defendants
Email and phone correspondence w/NS team re Schoolcraft
recordings of 10/31
Review of Discovery and Dpeositions - Weiss
Reviewed Marino Disc. file, Comp stat docs regarding Mauriello and
Marino, amnesty program docs, crime reporting handbook
Draft AS direct examination, spoke to AS on phone, developed
ideas re points to cover
Reviewed appeal meeting and also IAB interview of Gough, Sawyer
and Dunch
Drafted and emailed subpoenas of City defendants to NS
Started review of NYPD Psychological Evaluation Section ("PES")
file for AS; notes on same.
E-mail exchange with GC regarding Jamaica
E-mail exchange with rest of team regarding city's proposed
adjournment of trial and other misc issues
Review of NS letter re Lamstein and emailed comments

4.30

Review of NS letter re Lamstein and E-mailed comments
Various email correspondence w/NS re: verdict sheet, Lamstein
letter and exhibit list/chart
E-mail exchange with NS regarding trial exhibit list and verdict sheet
(uncluding JL's marshalling of facts)
Email and phone correspondence w/JN re: Huffman QAD
connection
E-mail exchange with rest of team regarding exhibit list and
concerns over lAB file and impeachment documents
E-mail exchange with SK regarding issues requiring special jury
charges

0.40
0.50

0.60
0.20
3.40
3.80
1.25
0.20

3.75
5.50
1.40
3.75
0.30
0.30
4.75
0.30
0.40
3.60
0.60
4.10
3.75
3.40
1.90
0.75
2.10
0.10
0.20
0.40

0.20
0.30
0.20
0.20

03/27/15
03/27/15

GMC
GMC

03/27/15

JLN

03/29/15

JLN

03/29/15

JLN

03/31/15

JLN

04/02/15
04/02/15
04/02/15

GMC
GMC
GMC

04/02/15

JLN

04/03/15

GMC

04/03/15
04/06/15
04/06/15

JLN
GMC
GMC

04/06/15

JLN

04/07/15

GMC

04/07/15

JLN

04/07/15

JLN

04/08/15

GMC

04/09/15

JLN

04/10/15

JLN

04/14/15

JLN

04/20/15

JLN

05/15/15
06/22/15

JLN
JLN

06/29/15
07/06/15
07/18/15

JLN
JLN
JLN

07/23/15

JLN

Review of emails w/City re subpoenas
Various email correspondence JN and NS re: Meeting missing IAB
Lauterborn recording
Various E-mail correspondence GC and NS re: meeting and missing
IAB Lauterborn recording
Reviewed Veritext transcripts and recordings from Home Invasion,
began creating audio clips for trial
Reviewed narrative reports of defense experts Dr. Levy, Dr.
Tancredi, Dr. Dolger, & Dr. Dowling; prepared bullet point summary
of key points from each report; cross-referenced with plaintiff expert,
Dr. Lubit's report.
E-mail exchanges with GC and NS regarding list of trial exhibits, list
of trial assignments, verdict sheet from Marshall and handling
Valenti
Review of SK jury instructions along with email re: same
Email and phone correspondence with veritext re: Lauterborn audio
Drafted and sent follow up emails w/NS team and JN after meeting
re: exhibits
Drafted and sent follow up E-mails w/NS team and GC after meeting
re: exhibits
Review of revised Scott Korenbaum ("SK") jury instructions along
with email re: same
E-mail rough draft from JF and reviewed
Review of revised SK jury instructions along with email re: same
Phone call with NS & JN regarding exhibit list, verdict sheet,
important points for opening regarding Bernier and Isakov and
failure of med departments to speak with IAB
T/c with NS & GC regarding exhibit list, verdict sheet, important
points for opening regarding Bernier and Isakov and failure of med
departments to speak with lAB
Review and discuss NS letter to court re: delay of trial and
announcing our rehiring w/JN
Reviewed letter to Court opposing City application; t/c with GC
regarding same
Review and discuss NS's letter to court re: delay of trial and
announcing our rehiring w/GC
Email and phone correspondence re: pushing trial back a week to
avoid delay of trial post summer
Reviewed Dep. of Joe Ferrara; cross-referenced w/e mail
exchanges b/w JLN and JF.
Reviewed Schoolcraft Graham Raymond materials made summary
of most important ponts from clients' e-mail correspondence and
chronological summary
Reviewed e-mails and attachments from SK regarding latest
versions of jury charges
E-mail exchange with team regarding City's settlement position and
request for mediation with out any counter offer
Further e-mail w/ all parties re: pretrial submissions schedule
Another e-mail from NS re: responding to City's Motion for
Reconsideration
E-mail & draft memo of law on bifurcation
Review of opposition to defendants' reconsideration motions
Reviewed NS prior letter motion re: Weiss EIU file, Sgt. Purpi and
cont'd dep of Dr. Patel
Cont'd reading NYPD Tapes; took notes re: same

0.25
0.40
0.40
1.75
4.20

0.20
0.30
0.25
0.50
0.50
0.25
4.40
0.25
1.00
1.00
0.30
0.10
0.30
0.60
0.90
1.40
0.20
0.30
0.10
0.10
0.20
0.70
0.20
3.25

07/26/15
08/01/15

JLN
JLN

08/05/15
08/10/15

JLN
JLN

08/13/15

JLN

08/13/15

JLN

08/14/15

GMC

08/14/15

GMC

08/14/15

JLN

08/15/15

JLN

08/18/15
08/18/15
08/21/15

GMC
JLN
JLN

08/24/15
08/26/15

GMC
GMC

08/27/15

GMC

09/04/15

JLN

09/08/15

JLN

09/10/15

JLN

09/16/15
09/16/15
Norinsberg
Group
06/25/213

GMC
JLN

02/03/13

NBS

02/11/13
02/12/13

NBS
NBS

02/13/13

NBS

NBS

Cont'd reading NYPD Tapes; took notes re: same
Finished NYPD Tapes; incorporated notes of additional facts &
salient themes into case summary
Preliminary review of City's JPTO and hospital JPTO
Reviewed cross-x outlines of Captain Lauterborn, DI Mauriello and
Marino to make sure all documents on JPTO are accounted for
Reviewed NS letter to Court seeking 1 extra week for JPTO; also
reviewed opposition e-mails by defense counsel to same; reviewed
Mauriello's response to plaintiffs JPTO
Reviewed portion of opening outline regarding MHL 9.39 and
Bernier decision to involuntary commit; reviewed section relating to
QAD; reviewed section regarding harrassment upstate
Review of Lauterborn transcribed audio interview and emailed to
team
Review and update cross examination drafts to date and emailed all
to team
Reviewed multiple E-mail exchanges between NS and counsel
regarding JPTO and best way to proceed
Reviewed City's latest disclosures, incl. certified docs from Hertzel
Sure, M.D., multiple photos and info relating to rifle found in
Schoolcraft's apartment; LS's prior lawsuit against Montgom. Cty;
QAD investigations that resulted in discipline for officers; additional
PG guidelines and IAB Guidelines; forensic manual for Mental
Hygiene Law
Phone call and email w/JN re Huffman
Phone call and e-mail w/ GC re Huffman
T/c with NS regarding Larry's serious medical condition, discussion
wl Alan Sheiner & CS regarding City's latest settlement and
regarding status of cross-x outlines and JPTO issues
Reviewed JN cross outlines and updated witness examinations
Reviewed JN cross outlines and updated my own witness
examinations
Reviewed JN cross outlines and updated my own witness
examinations
T/c w/ NS regarding his conversation with Alan Scheiner regarding
City's latest settlement offer; spoke to GC regarding same
Flu conversation with NS to discuss last conversation with defense
counsel regarding City's 3/4 disability analysis
Reviewed Court's endorsement of plaintiffs letters dated August 18,
2015 and August 21, 2015
Review of NS cross examination outlines
Review of NS cross examination outlines; notes re: same

2.10
1.80

Telephone conference with client; telephone co-counsel re: travel to
upstate; review of issuses regardig: litigation with indigent client;
prepare for same.
Telephone conference with Peter Gleason; review of docket
complaint and decision by J. Sweet.
Telephone conference with co-counsel; review of Floyd case.
Appear for examination before trial of client in Floyd case and
defend same (3.5) (before MJ Freeman); meeting with co-counsel
and client in re going forward; review of emails re status.
Telephone conference with Peter Gleason; telephone to Richard
Guilbert re status.

2.80

0.30
2.80
0.40
1.40
0.60
4.80
0.30
3.40

0.30
0.30
0.80
1.75
3.30
2.50
0.60
0.20
0.10
3.60
1.40

2.50
0.50
5.50
0.50

02/14/13

NBS

02/15/13

NBS

02/16/13

JL

02/17/13

JL

02/17/13
02/18/13

NBS
JL

02/18/13
02/19/13

NBS
JL

02/20/13

JL

02/20/13
02/22/13

NBS
NBS

02/24/13

NBS

02/27/13

NBS

02/28/13

NBS

03/01/13

NBS

03/02/13

NBS

03/03/13

NBS

03/05/13

NBS

03/06/13

NBS

03/07/13

NBS

03/14/13

NBS

03/20/13

JL

03/20/13

NBS

03/23/13

NBS

03/25/13

NBS

03/29/13

NBS

04/01/13

NBS

Telephone conference with client; review of Floyd decision; meeting
with client and team.
Review of files from counsel; review of pleadings; telephone call to
co-counsel twice; review of penal code.
Review of case history and complaint; document preparation for
presentation to DOJ
Review of case files and and audio recordings; document
preparation to formally request DOJ intervention
Review of boxes from client and Guilbert.
Review of case timeline and document preparation for Main Justice
and US Attorney presentation
Review of decisions of file; review of production.
Telephone conference with EDNY Civil Rts Chief Pam Chen;
document preparation.
Prepare draft letters to DOJ--Main Justcie and USAO, EDNY

3.50

Meeting with co-counsel; prepare subpoenas
Review of emails; telephone call to co-counsel; telephone Graham
Raymond (Village Voice).
Travel with Peter Gleason to meet defendant and his father in
Saugerties, NY.
Review of file; prepare summons fo amended cmplt; file Summons
with SDNY clerk; tc attempt service of same on Law Dept; telephone
call to Peter Gleason re status of serving 5 remaining defendants.
Review of examination before trial; prepare subpoena; prepare
Notice of Appearance.
Telephone conference with potential medical expert (.5); review of
discovery; file Affirmation of Service; review of medical and hospital
records.
Review of Section 1983 and 242 issues and jury instructions for
various theories of the case.
Review of discovery; review of discovery plan; review of draft letter
to Justice Department.
Telephone conference with client re Justice letter and Chris Dunn
three times; review of discovery record.
Review of discovery records; telephone call to Chris Dunn (NYCLU);
meeting with City CM Williams; Peter Gleason and Adrian
Schoolcraft (2.1).
Review of file; meeting with client and Peter Gleason; review of new
matter.
Emails to opposing counsel; letter to Judge Sweet in reference to
motion schedule.
Final Draft, review and mail of letters to Main Justice and US
Attorney
Review of Magistrate Judge letter; telephone call to Peter Gleason;
letter to court re two motions; review of discovery file.
Review of motion and motion letter; research on taking high-level
government employee's deposition.
Working on opp to motions to guash and compel; telephone call with
client and review of materials with client (1.5); telephone conference
with Jon Norinsberg re Queens DA; suit and sharing information
(0.5).
Review of discovery; review of letter re gag order; telephone call to
client; email team; call to Peter Gleason; telephone G. Rayma.
Review of discovery; email reference discovery plea.

0.80
0.70

2.20
3.50
3.25
2.50
4.00
3.50
0.75
1.50

5.20
2.80
3.50
3.20
5.00
2.50
2.50
3.50
3.80
0.70
1.50
2.50
3.50
8.50

7.50
3.50

04/07/13
04/09/13

NBS
NBS

04/10/13

JL

04/23/13

NBS

04/25/13

JL

04/25/13

NBS

04/30/13

NBS

05/1/13

NBS

05/02/13

NBS

05/03/13

NBS

05/08/13
05/09/13

NBS
NBS

05/12/13

JL

05/14/13

NBS

05/15/13

NBS

05/16/13

NBS

05/17/13

JL

05/17/13

NBS

05/18/13

JL

05/20/13

NBS

05/21/13

JL

05/21/13

NBS

05/22/13

NBS

05/23/13

NBS

05/24/13

NBS

Meeting at upstate with' team.
Continued review of discovery)(4.0); MHL on emergency
hospitalization; meeting with potential expert re: medical malpractice
issues (1.5); meeting with John re: motion; telephone call to Walker
re: same.
Court: Hearing re discovery before Judge Sweet - SDNY, 500 Pearl
Street, NYC. Meeting w/Smith to review hearing and discovery plan.
Review of PG on Marino, Mauriello,and Lauterborn; review of
reports of PG by IAB.
Meeting with Adrian Schoolcraft and Nat Smith to prepare client for
depositions; review status of case
Appearance at 1 Police Plaza for conference; telephone call to client
re: status; review of interviews by QAD.
Telephone conference with client; research on collateral estoppel
issue.
Telephone conference with Peter Gleason re: status; emails with
clients re: same.
Draft letter to Publicker re: collateral estoppel issue; email all
counsel re: discovery deadlines; email court re: same.
Review of cases; email letter to opposing counsel re: collateral
examination before trial issue.
Review of recordings; prepare discovery responses.
Meeting with J. Lenoir re: case and status; review of internal memos
by IAB; review of recordings.
Review of audio recordings made by client; sort and prepare
summaries.
Telephone conference with client re: status; review of discovery
files; outline of production.
Continued review of production; email opposing counsel re: status of
IPP trial and Queens DA document.
Review of files; telephone call to co-counsel; telephone client; call to
Lisa Bland.
Telephone call with Nat Smith 3:30-4:15 and draft email re: strategy
for NYPD departmental hearing June 17-18, 2013.
Continued review of discovery; telephone call to client (2 times); call
to John Lenoir; email re: same.
Review of IAB interviews; telephone call with Nat Smith and AS re:
strategy for NYPD departmental hearing
Review of personal file on defendants; sick report and duty status at
10/31/09; research on Judge Sweet letter; telephone call to John
Lenoir re: Jimmy McCutkin re: telephone to Lisa Bland.
Meeting with Nat Smith and telephone call with James McCutcheon
re: NYPD departmental trial strategy
Meeting with Jon Lenoir; telephone conference with co-counsel and
Jim McCutheon; telephone conference office of Lisa Bland; review
of civil commitment articles and decision on dangerousness
predictions; review of discovery record; prepare responses to
objections to City Defendants demands; listening to recording of IAB
interview.
Telephone conference re: status; telephone call Lisa Bland re:
possible deal (demand of back pay in consideration of resignation);
review and revised responses to discovery demands.
Telephone conference with client; call to co-counsel; review of
decisions; email re: status.
Telephone conference with client re: status; review of emails from

6.60
6.50

3.25
4.50
1.25
2.50
2.80
0.50
1.50
0.70
5.50
3.20
4.50
3.80
2.20
5.50
1.50
3.50
3.50
3.50
2.25
5.80

1.80
0.80
0.4

05/30/13

NBS

06/03/13

NBS

06/04/13

NBS

06/05/13

JL

06/05/13

NBS

06/06/13

NBS

06/10/13

NBS

06/14/13

NBS

06/18/13
06/19/13

NBS
NBS

06/20/13

NBS

06/26/13
06/27/13

NBS
NBS

06/30/13

NBS

07/01/13

NBS

07/11/13

NBS

07/18/13

NBS

07/22/13

NBS

07/25/13

NBS

07/30/13

NBS

07/31/13

NBS

08/01/13

NBS

co-counsel re Eli Silverman.
Telephone conference with client; telephone call to Lisa Bland's
office.
Telephone conference with co-counsel; letter to Judge Sweet on
discovery; telephone call to Lisa Bland re: now want demand from
us and will not agree to stay.
Telephone conference with client; telephone call co-counsel; draft
letters to Judge Sweet re: stay and re: alleged discovery
deficiencies.
Appearance in court; Sweet, J. redpositions and discovery status;
post hearing conf w/Smith
Appearance in court at conference before Judge Sweet handled by
John Lenoir; conference with John re: same.
Review of emails; review of proposed order; review of notes on
defendant's examination before trial; email co-counsel; prepare for
meeting with experts.
Revised Order to Show Cause; filed same; emails with counsel;
telephone call to co-counsel; telephone call to client re: status; 2nd
appearance at court.
Email regarding press contracts; telephone call to client; further
research on Younger issue.
Drafting reply on stay; research on issues re: same.
Drafting reply; telephone call to client re: reply transcript of 10/31/09;
call from Village Voice; telephone G. Rayman re: status of case.
Telephone conference with co-counsel; review of Floyd
submissions.
Travel to Johnstown for meeting with client [8 hours of travel].
Review of tapes for the purpose of responsing to discovery
demands by the City for requests for admissions and providing
additional information to the defendants about the recordings.
Review of tapes and drafting response to Court Order re:
complication of Plaintiff's deposition testimony and requests to
admit.
Telephone conference with client twice (1.5); review of various
tapes; review of transcripts; prepare Response to the Court Order
re: discovery.
Telephone conference with R. Gilbert; telephone conference with
client re decision; telephone call to client; telephone Gilbert
Telephone conference with client re Judge Sweet and re: discovery
status; email opposing counsel re: same and schedule of
examination before trial.
Telephone conference with client; re: status; review of to do list;
memo to file.
Prepare for all counsel conference call; telephone co-counsel;
telephone call client.
Revising documents (sub of counsel; memo of understanding;
discovery demands) (1.5); telephone call H. Suckle re: possible
involvement; telephone co-counsel re: status; review of Section
1983 case law (1.5).
Meeting with H. Suckle re: hospital; draft memo to client; revise sub
of counsel; memo of goals; document demand; emails re: discovery
plan with co-counsel and opposing counsel; telephone call to client
re: status.
Meeting with Magdalen re: status and case; review of case law in
jury instructions.

0
0.5
0
3.5
0
3.5
0
1.75
1.80
1.80
5.50
3.50
8.50
5.50
2.50
9.00
7.50
5.50
3.80
0.90
0.70
1.50
3.50
3.50

6.50

2.80

08/05/13

MB

08/06/13

NBS

08/07/13

JL

08/07/13

MB

08/20/13
08/21/13

NBS
NBS

08/22/13

HS

08/22/13

NBS

08/23/13

NBS

08/28/13

NBS

09/01/13
09/04/13

MB
NBS

09/06/13

NBS

09/09/13
09/13/13

NBS
HS

09/16/13
09/18/13
09/23/13

NBS
NBS
NBS

09/25/13
09/26/13

MB
NBS

09/30/13

NBS

10/01/13

HS

10/02/13

NBS

10/03/13

MB

10/04/13

JL

10/04/13

NBS

10/08/13

NBS

Jury instructions project: research fundamentals of 1983 litigation
and federal causes of action; review commentary Bender and
Schwartz; causation by multiple defendants; collect cases for
authority.
Telephone conference with co-counsel; review of emails and press
coverage; call from G. Rayman re: book out.
Meeting with trial illustrator (11am-1pm). Meeting with potential
expert witness, Dr. Tom Litwack - (3pm-5pm).
Prep for meeting with illustrator re demonstrative project; meeting
with potential "dangerousness expert," Tom Litwack.
Telephone conference with client; revised letter to court.
'
Telephone conference with co-counsel; emails with opposing
counsel re: discovery schedule.
reviewed availability, called and emailed Nat Smith re: my
availability for depos
Telephone conference with Jon Lenoir re: status; telephone Greg
Radomisle re: hospital inspection; review of emails re: schedule;
conference with all counsel re: schedule; draft objections (2.5);
Meeting with Magdalena re legal research on state action; telephone
call with Jon Lenoir re: status.
Review of decision on jury order; telephone Pete Gleason re: suits
and apartment; review of counsel; review of conference orders;
review of production.
Nat's office, listen to audios and review production.
Email to client re: status; review of status report; review of letter
motion by city.
Review of correspondence on discovery; drafting AEO letter motion;
telephone call to client re: status and AEO letter issues (1.0)
Revising letter motion; emails on same.
reviewed departmental action affect on case by city and emailed to
group
Email regarding status; telephone call to client.
Telephone call and emails reference 81 inspection
Draft reply letter on AEO and personal property motion telephone
conference with client; telephone call with Mag; telephone call to
John Lenoir re: status; review of 81 inspection photos; review of
AEO designations.
Oral Argument; team meeting
Appearance for client; examination before trial and prepare for
same.
Telephone conference with co-counsel; review of emails; review of
productions.
prep for inspection of Schoolcraft home and Hosp: reviewed records
& depo of pit
Inspection at Jamaica Hospital; visit Queen's location; Meeting with
client; reviewing tapes re: examination before, trial.
Prepare Marino examination before trial; compile relevant discovery
docs into searchable PDF; review record and prepare questions
Preparing docs and audio recordings for Marino deposition; Tel Conf
with Smith
Preparing for Marino and Mauriello examination before trial (5.0);
telephone conference with co-counsel; emails with opposing
counsel re: adjournment for Mauriello; review of PG & Floyd trial
transcripts.
Preparing for and taking Marino's examination before trial; calls to

5.00

0.80
3.50
7.00
1.50
1.20
0.25
2.50
1.50
3.50
3.00
0.70
3.50
0.80
1.75
0.50
0.50
2.50

4.00
9.00
2.50
4.00
7.50
5.00
2.75
5.50

9.50

10/09/13

NBS

10/10/13

NBS

10/11/13
10/13/13

NBS
NBS

10/14/13

MB

10/14/13

NBS

10/15/13
10/15/13
10/15/13

HS
MB
NBS

10/16/13

NBS

10/17/13
10/17/13

MB
NBS

10/18/13

NBS

10/21/13
10/22/13
10/23/13

MB
MB
JL

10/23/13
10/23/13

MB
NBS

10/25/13

HS

10/25/13

NBS

10/28/13

NBS

10/29/13

NBS

10/30/13

NBS

Court on status of various motions.
Meeting with co-counsel; review and revise status report; review of
motions and filing on case re: discovery; telephone conference with
G. Raymond re: Mauriello counterclaims (will comment in opposing
papers).
Review of email; conference with co-counsel; review of law on
tortuous interference claim; email opposing counsel re: emotion to
amend Mauriello answer.
Drafting letter to Court; research on motion to amend.
Telephone conference with client re: status re: NYCLU and Dunn
and going forward; telephone call to John Lenoir re: same
Prepare medical defendants examination before trial; review
medical chart and record; review depostions of City defendants;
review hospital policy and procedure; review MHL 9.39; draft
deposition questions.
Telephone conference with L. Dunn; telephone call to John Lenoir
re: case; drafting and research on motion to strike Mauriello answer;
discovery matters (AEO personal property) and opposing to motion
to amend pleadings (7.5).
reviewed motion papers for motions of 10/16
Prepare medical defendants examination before trial.
Revised motion and memo; emails re: same; letter to court;
conference with client're: status.
Prepare for court appearance; appear before Judge Sweet on
various motions (3.2); conference with trial team; telephone call with
Howard Suckle re: status and medical defendant's examination
before trial; email to client.
Prepare medical defendants examination before trial
Telephone conference with client; emails re: status; email prior
counsel re: discovery matters.
Telephone conference with client; review of medical documents
responses; email opposing counsel re: status of production.
Prepare medical defendants exination before trial
Prepare medical defendants exination before trial
Telephone conference with Smith re PD expert report and
testimony; Tel Conf w/Eterno
Prepare medical defendants exination before trial.
Telephone conference with court re: oral argument date; telephone
call with Walter Kretz re: same; conference with co-counsel;
telephone call and email to client; telephone J. Eterno re: status and
Monell issues (alleged conflict of interest issue raised by Law Dept
in the past); review of Jamaica Hospital records; email with prior
counsel re: substitution and document search.
appeared for Aldana-Bernier depo and strategized with John Meg
and Nat Smit
Appearance for Bernier examination before trial; wait for response
from Court on video objection; meeting with team.
Telephone conference with client re: status; emails re: schedule and
video objections.
Preparation for examination before trial of Mauriello; review of
research on video use conference with 10-10.
email opposing counsel re: adjournment on Mauriello; review of
ernails; review of Mauriello
testimony in Floyd case; review of AS personnel file records for
examination before trial (2.0)

4.50

1.80
3.50
2.30
5.00

8.50

1.50
5.00
3.50
4.50

3.00
0.80
1.80
6.00
5.00
1.50
5.00
3.50

5.00
3.20
0.80
5.80
2.00

11/01/13

NBS

11/04/13
11/07/13

HS
JL

11/07/13

NBS

11/08/13
11/08/13

MB
NBS

11/09/13
11/11/13
11/13/13

MB
MB
JL

11/14/13

JL

11/14/13

MB

11/14/13

NBS

11/18/13

HS

11/18/13

JL

11/19/13

NBS

11/21/13

JL

11/22/13

JL

11/22/13

MB

11/22/13

NBS

11/24/13

JL

11/26/13

JL

11/26/13
11/30/13

NBS
JL

12/01/13

JL

12/01/13

NBS

12/04/13

NBS

12/06/13

NBS

Telephone conference with client; telephone call to John Lenoir re:
Stop and Frisk; status.
emails to team
Prepare and take w/Smith examination before trial of defendant
Lauterborn. Review documents and audio recordings; prepare
exhibits.
Prepare for and take examination before trial of Lauterborn;
conference with team; telephone call with client re: status.
Review discovery, catalog, and convert to searchable PDF files.
Meeting with investigator (1.0); telephone call same and Mag (0.5);
review of research and emails.
Review discovery, organize, and convert to searchable files.
Review discovery, catalog, and convert to searchable PDF files.
Motion hearing at Judge Sweet Courtroom; review of hearing
outcome w/co-counsel; draft report to client.
Review of hospital and NYPD files and audio recordings in
preparation for examination before trial of Bernier and Mauriello.
Prepare Mauriello exination before trial; review record; listen to
audios;compile discovery docs into searchable PDF; draft deposition
questions.
Email in reference to Daily News Article; telephone call to Mag
Bauza re: interview with Carol Street.
telephone call with John Lenoir and emails re: Larry Schoolcraft
deposition
Consultation with non-party witnesses, audio recordings of IAB
interviews and document review.
Telephone conference with B. Shaffer re: Larry Schoolcraft
examination before trial re: examination before trial of Larry
Schoolcraft; prep for ebts of polce defendants
Review and produce Marino and Lauterborn video depositions;
reconcile Plaintiff depositions transcript with video.
Mauriello terminated examination before trial preparation; review of
Court's decision and additional City discovery documents provided.
Mauriello deposition cancelled; begin Prof Rule 4.2 no contact
research.
Prepare for and appear at Mauriello examination before trial (busted
by defendant).
Review of Plaintiff's depositions (1.00); review defendant Mauriello
and Lauterborn depositions and produce videos (2.25);
Review of depositions; prepare challenge to City Defendant
obstructions; prepare for Lt. Caughey examination before trial.
Drafting notices for depositions ; review of email.
Review of dfnt Marino and Lauterborn examination before trial
research for motion to compel and additional requests for
production.
Review of Marino and Lauterborn examinations before trial to
identify areas for motion to compell and additional requests for
production.
Review of Caughey, Weiss and Hanlon recordings; prepare for
Caughey examination before trial; telephone conference, re: status
(left message).
Letter to opposing counsel; email to opposing counsel re numerous
discovery disputes.
Emails re: status; prepare opposition to motion for reconsideration.

0.50
0.10
9.50
9.50
5.00
3.50
5.00
5.00
3.75
5.50
5.00
1.20
1.25
2.50
2.20
2.75
2.75
4.50
3.50
3.25
5.50
1.00
2.50
1.75
2.80
1.50
3.50

12/09/13

JL

12/11/13

JL

12/12/13
12/13/13

MB
MB

12/16/13

MB

12/17/13

NBS

12/18/13

JL

12/18/13

NBS

12/30/13

NBS

12/31/13
01/02/14

NBS
NBS

01/03/14

JL

01/03/14

MB

01/03/14
01/05/14
01/05/14
01/06/14

NBS
MB
NBS
JL

01/06/14

NBS

01/08/14
01/10/14

NBS
JL

01/10/14

MB

01/13/14

NBS

01/15/14

JL

01/15/14

MB

01/15/14
01/16/14

NBS
NBS

01/17/14

NBS

01/23/14

NBS

01/27/14

NBS

01/30/14

NBS

Prepare and 2d seat with Smith examination before trial for dfnt
Caughey; meeting with Peter Kelley re potential assistance in trial
prep.
Represent client (w/Bauza) at depo of Larry Schoolcraft--Albany
[8:30 travel time]
Review discovery, organize, and convert to searchable files.
Review discovery, organize, and convert to searchable files; listen to
audio.
Prepare Mauriello examination before trial; review documents;
create searchable PDF; review depositions and record; listen to
audio.
Prepare for examination before trial of Mauriello; review of recent
correspondence.
Prepare for defendant Mauriello examination before trial; review of
motion for reconsideration.
Prepare for Mauriello; conference with co-counsel, telephone call to
client re: status.
Meeting with client and review various tape recordings (4.3); obtain
tape recorder from NYPD and send to specialist for enhancement
Review of production; research on compstat.
Meeting with client re: review of tapes; telephone conference with
co-counsel; emails re: schedule; letter to Court re: schedule
Preparing docs and audio for Sgt Huffman and PAA Boston
depositions
Prepare for Huffman and Boston Deposition; review discovery docs;
draft questions.
Prepare for Boston and Huffman examination before trial
Prepare for Boston and Huffman Deposition.
Prepare for Boston and Huffman examination before trial.
co-counsel w/Smith depositions of Huffman and Boston; post EBT
review w/Smith and Bauza
Prepare for and take examination before trial of Boston and
Huffman; meeting with team re: status and going forward
Letter to Court; email re: scheduling
Prepare case files and review audio records for future depositions
Review and catalog discovery production at Nat's office; listen to
Hanlon audio.
Prepare for and take Hanlon examination before trial; conference
with team re: examination before trial and case
Appearance in court, Sweet, J. re discovery; confer with Smith and
Bauza re status
Hearing with Judge Sweet re discovery issues; team meeting re
status of case.
Appearance in court; conference with co-counsel; email re: status
Review of production; review of report.on crime reporting; emails re:
status of examination before trial
Review of documents produced; review of report of crime reporting;
review of prior discovery demands
Prepare documents for supplemental production; long status
conference with client re: need for AEO production and status of
case (1.3)
Revising letter to website responders; sending Out same; letter to
City Defendants re: examination before trial
Prep for and take Dr. Lamstein examination before trial

7.75
6.50
5.00
5.00
5.00
3.50
3.25
4.50
4.50
1.80
1.80
2.50
4.50
4.50
6.02
3.70
9.50
10.50
0.20
2.00
7.00
8.50
1.50
2.00
2.30
3.50
3.50
1.90
1.20
9.50

02/03/14

NBS

02/05/14

NBS

02/07/14

MB

02/07/14

NBS

02/08/14

MB

02/09/14
02/10/14
02/10/14

HS
HS
JL

02/10/14

MB

02/10/14

NBS

02/11/14
02/11/14
02/12/14
02/12/14

HS
NBS
HS
JL

02/12/14
02/13/14

NBS
JL

02/16/14

NBS

02/18/14

JL

02/18/14

NBS

02/19/14

JL

02/19/14

NBS

02/20/14

NBS

02/23/14

NBS

02/24/14
02/25/14

NBS
NBS

02/27/14

NBS

03/03/14
03/04/14

NBS
JL

03/04/14

MB

Telephone conference with co-counsel; email reference examination
before trial.
Telephone conference with client; emails reference examination
before trial; and letter to Judge Sweet.
Meeting with Nat re: inadvertent production redaction issues; begin
prep for Medical Defendants EBTs.
Email regarding status with client; meeting with Mag in reference to
redaction issues; letter to Law Department reference redaction;
drafting and revising discovery demands.
Prepare for Medical Defendant's EBTs; review medical chart,record,
and deposition summaries; review Beiner's prior litigation testimony.
call and email re: Deposition of hospital with deft counsel
deposition preparation
Preparing depositions of Bernier and Isakof; review NYS 9.39

0.50

Conference with Howard Suckle re deposition prep; prep for Medical
Defendants depositions.
Telephone conference with the court clerk reference submission on
February 10, 2014; letter to court; prepare for doctor's examination
before trial (2.8)
reviewed client's deposition questions
Prepare for and attend Dr. Bernier examination before trial.
prep and conducted Isakov deposition
co-counsel with Smith and Suckle at deposition of Defendant Dr.
Isakov.
Prepare for and attend Dr. Isakov examination before trial.
Review with Smith notes and exhibits of depositions of Bernier and
Isakov.
Telephone conference with John Lenoir and client reference status;
review of privilege issues.
Review of discovery demands with counsel and client.

6.25

Review of examination before trial for discovery letter; emails
reference defendant's examination before trial and Norinsberg
termination letter; request JHMC provide and produce the two
EMT's.
Review of correspondence re: discovery demands. tel conf client
and Smith re discovery
Telephone conference with co-counsel (HS) reference medical
case; state action; pro and sub due process; review of emails
reference discovery status; telephone call to John Lenoir reference
same.
Email co-counsel; client review of examination before trial for
motion.
Review of examination before trial; telephone co-counsel; telephone
conference with client reference status.
Review of examination before trial; email reference recording.
Review of examination before trial; transcripts for discovery issues;
telephone call to Walter Kretz (two times) regarding possible work
out.
Drafting letters to court re outstanding disocvery disputes by plaintiff
and by defendants
Review of emails and letters
Counsel conference call. Smith re status and strategy. Needs for
trial preparation.
Conference call with City defendants; team conference re trial prep

3.80

0.80
5.00
3.50
5.75
0.20
5.20
2.50

3.80
0.50
8.50
7.25
7.50
9.50
1.00
1.70
1.50

1.75
2.50

2.80
3.50
0.40
5.00
3.50
0.50
1.50
1.50

03/04/14

NBS

03/05/14

JL

03/08/14

NBS

03/11/14

JL

03/11/14

MB

03/11/14

NBS

03/14/14

MB

03/15/14

MB

03/16/14

JL

03/18/14

JL

03/19/14

JL

03/19/14

MB

03/24/14

JL

03/26/14

NBS

03/28/14

JL

03/28/14

NBS

04/01/14

JL

04/01/14

NBS

04/04/14

JL

04/04/14
04/04/14

MB
NBS

04/07/14

JL

04/07/14

NBS

04/09/14
04/09/14

status.
Prepare for and attend meeting to confer; emails reference status
same.
Review discovery and depositions; update case status report for
client
Review of letters on discovery motions; email to team reference
response.
Schoolcraft research and draft letter to court re: discovery and
deposition issues (4.00)
Review and comment Letter to Judge Sweet; team meeting re
discovery issues.
Meeting with team John Lenoir and Mag Bauza; drafting letter to
court.
Revise proposed jury instructions for City defendants; research
Monell custom and policy municipal liability; analyze Monell jury
instructions from other jurisdictions; draft alternate instructions;
review and collect cases for authority.
Continue with research and drafting NYPD proposed jury
instructions; draft charges for supervisor liability, First Amendment
retaliation and prior restraint.
Update case status report; Prep plaintiff demands in discovery and
re-schedule depositions.
Review and consultation with Mauriello counsel re: scheduling of
inspection in Johnstown, New York; related discovery review and
research.
Review City Defendants production requests; research and prepare
response and plaintiff production demands. Tel conf with client.
Draft NYPD proposed jury instructions; continue state action
research re: Medical Defendants.
Prepare deposition schedules in consult with Smith and defendants
counsel. Review discovery and prep motion draft.
Review of drafts 30(b)(6); appear in court on discovery status (2.2);
telephone call client; review of document demands; meet and confer
with opposing counsel (1.0).
Finalize Plaintiff 30(b)(6) notices. Prepare examination of City
30(b)(6) witnesses
Meeting with Mag reference jury instructions; telephone call with
client reference 30(b)(6); revising same and serving same.
Prepare trial memorandum/ telephone call to City re: settlement/
and prepare for Trainor and Gough examination before trial.
Telephone conference with City re: settlement; telephone
conference with client; conference with team re: same.
Review correspondence to Court re: referral to Magistrate; consult
re: settlement strategy.
Research medical experts; review Roy Lubit's filings.
Review of medical expert decisions and affidavit; prepare for Trainor
examination before trial.
Review filings (ECF posts) and correspondence.

1.50
1.25
1.20
4.00
3.36
2.30
5.47

6.00
2.00
1.25
4.50
6.43
3.75
3.80
3.25
4.50
2.75
1.50
1.00
6.85
2.50
1.50
2.50

JL

Prepare motion to strike paragraph six of Mauriello's counterclaim
(1.3); prepare outline of discovery issues; telephone call to D.
Beekman (Daily News); telephone conference Graham Raymond;
telephone MJ Freeman's chambers; email all counsel.
Review settlement strategy with client; Hearing .

NBS

Preparing for hearing on Raymond motion to compel; appearance in

2.80

2.25

04/10/14

JL

04/10/14

NBS

04/11/14

JL

04/11/14

MB

04/11/14
04/13/14

NBS
JL

04/13/14
04/14/14

NBS
MB

04/14/14

NBS

04/16/14

MB

04/16/14

NBS

04/17/14

NBS

04/18/14

JL

04/18/14

NBS

04/23/14
04/23/14

HS
NBS

04/24/14

NBS

04/25/14

court on motion (2.2); prepare for Trainor and Gough examination
before trial.
Prepare/conduct w co-counsel Smith examination before trial of
Trainor.
Prepare for and take deposition of Trainor; prepare for Gough
examination before trial.
Prepare/conduct as co-counsel w/ Smith examination before trial of
Gough.
Draft proposed Jury Instructions Medical Defendants; research due
process causes of action; dangerousness standard re: emergency
civil commitment; statutory and common law procedural protections
re: restraints; legal privilege under MHL 9.39.
Prepare for and take Gough examination before trial
Meet possible Psychiatric expert Dr. Lubit; review case and discuss
Dr. Lubit's participation.
Prepare for and meet with potential expert (Roy Lubit).
Continue drafting proposed jury instructions Medical Defendants;
draft medical malpractice and other state claims.
Telephone conference with co-counsel re: status; conference with
client; emails with opposing counsel re': new dates for settlement
demands/offers/conference; draft letter to MJ Freeman re: same;
email Hearn.
Conference call with Adrian re trial issues and settlement; team
conference to confer.
Telephone conference with team (1.0); conference with client re:
settlement demands (1.2); research on commitment cases; state
action and Section 1983; review of Plaintiffs demands.
Telephone conference with team; review of decisions; telephone
Mag; telephone Howard; telephone John; letter to all defendants
counsel re: Norinsberg termination letter; telephone call to S.
Mettham re: settlement.
discussion and planning re: settlement (1.00);

8.25
8.90
7.50
3.65

7.80
2.75
4.50
4.55
1.80

2.50
5.80
2.90

1.00
3.50

JL

Various telephone calls with John Lenoir; telephone client; review of
decisions on involuntary hospital and damages.
prep and conducted Aldana-Bernier deposition
Drafting opposition to Jamaica Hospital motion for protective order;
prepare for and attend examination before trial of Bernier
Prepare for Sawyer examination before trial (3.0); revise opposition
to Jamaica Hospital protective order motion.
Prepare/conduct w/Smith examination before trial for Sawyer.

04/25/14
04/28/14

NBS
JL

Prepare for and take deposition of Sawyer.
Prepare/conduct w/Smith examination before trial: Duncan.

6.50
7.50

04/28/14

NBS

7.80

04/29/14

NBS

04/30/14

NBS

05/01/14

JL

Prepare for and take Duncan examination before trial and
conference with all counsel and MJ Freeman re: settlement
discussion.
Review of state motion cases; meeting with co-counsel; call to
client.
Appearance in court on JHMC motion for protective order and
Adrian's motion to strile Mauriello counterclaims reference (2.2);
prepare for same; lunch meeting with team and colleague of John's
re: case.
Conference with Smith re: prior counsel fees/expenses; brief client
on settlement issues; research re: use/abuse of psychiatry for
poitical intimidation and retaliation.

8.00
8.50
3.50
6.25

2.50
3.80

1.75

05/02/14

JL

1.75

JL

Review and conf (all counsel) with re: deposition schedules; review
case law re: settlement (range of awards of involuntary confinement,
false arrest..).
Telephone conference with Sheri; telephone call to John Lenoir;
prepare letter to Judge Sweet re: Plaintiff's motion to compel;
telephone to John Cohen re: fees; review of Gleason fees.
Research and confer with Nat Smith re: settlement issues (1.00);

05/05/14

NBS

05/06/14
05/08/14

JL

; research and outreach to proposed ER Medicine expert (1:00).

1.00

05/08/14

NBS

4.50

05/09/14

JL

05/10/14

JL

05/11/14

JL

05/12/14

JL

05/12/14
05/13/14

NBS
JL

05/13/14

MB

05/14/14

JL

Prepare for conference; attend tc conference with Magistrate
Freeman re: settlement: hospital defendant have no pay status and
City willing to continue discussions, email client re: status; revising
letter to Judge; review of opinion on Mauriello counterclaim/motion
to strike Plaintiff (0.5); research on law enforcement privileged (1.0).
Review hospital records; City production re: 081 lockers; prepare
status report.
Consultation and correspondence with Nat Smith re: City
defendants' discovery production re: 081 lockers; prepare EBT of
Sgt James.
Consultation by telephone with Dr. Halpern-Ruder re: EMT and ER
procedures as potential expert witness; review correspondence with
client.
Preparation/conduct w/Smith EBT of Sgt Shantel James; EBT Sgt
James 10am-3:30pm; review of EBT; follow up with Dr. HalpernRuder; EMT/ER expert.
Prepare for and take James examination before trial.
meet (w/Smith) with potential witness for plaintiff; NYPD Lt (Ret)
Joseph Ferrara; telephone conference with Chris Dunne re: possible
settlement issues; prepare EBTs of the EMTs. [POV travel to-from
Holbrook NY--3:00]
Prepare EMT Jessica Marquez's deposition; research right to refuse
medical attention; right to choice of hospital.
EBT (w/Smith) of Marquez, EMT/JHC; prepare status report.

05/14/14
05/15/14

NBS
JL

8.40
1.75

05/15/14

JL

05/15/14

NBS

05/16/14

JL

05/19/14

JL

05/19/14

NBS

05/21/14

MB

05/22/14

NBS

05/23/14

MB

05/23/14

NBS

Prepare and take examination before trial of Marquez.
Review of EBT; review case and settlement strategy with client and
Smith
Preparation/conduct w/Smith EBT of Sangetti; EMT/JHC;
preparation - conduct post depo-review with Smith.
Prepare for and take examination before trial of Sangetti (4.5);
emails with client re: status and settlement (0.5).
Prepare EBT for Broschart - review City motion to strike 30(b)(6)
issues.
Prepare for meeting with client and full status review of discovery;
settlement and trial strategy.
Review of production; prepare for meeting with client; telephone call
with co-counsel; research on discovery issues (law enforcement
privilege).
Research re: blue wall of silence police retaliation cases; the
deliberative process privilege; the law enforcement privilege.
Drafting opposition to City motion for protective order and crossmotion for documents, research on same.
Blue wall of silence research; analyze and review prior testimony of
possible police procedures expert, Dr. Leinen.
telephone call to potential witness (Stephen Lerner); telephone to
Lubit; email team; email client; review of document production;

2.20
1.00

1.25
2.50
2.00
7.00
6.80
4.50

4.00
7.50

5.25
5.00
2.50
2.25
3.80
5.27
8.50
6.61
2.00

05/27/14

JL

05/28/14

MB

05/28/14

NBS

05/29/14

MB

05/29/14

NBS

05/30/14

NBS

06/02/14

NBS

06/03/14

NBS

06/04/14

JL

06/04/14

NBS

06/05/14

NBS

06/06/14

JL

06/06/14

MB

06/06/14

NBS

06/09/14

JL

06/10/14

NBS

06/11/14

JL

06/11/14
06/12/14

NBS
NBS

06/13/14

JL

06/13/14

MB

06/13/14

NBS

telephone conference with Jon Norinsberg re: 81 locker photos.
Research and outreach re: potential Law Enforcement expert(s)
research re: damages and settlement issues.
Prepare Weiss deposition; team conference call re Weiss
deposition.
Prepare for conference of motion; appear on motion before Judge
Sweet (2.8); telephone call to Dr. Lubit; telephone call to the office of
Eterno; conference with all counsel re: schedule and need 30-45
days; prepare for Weiss examination before trial; conference with
team re: Weiss; telephone Jon Norinsberg re: locker photos.
Draft summary of Weiss deposition send to counsel; prepare for
JHMC 30(b)6 depositions on policy; review Beiner's depo transcript;
draft questions.
Prepare for Weiss; take Weiss examination before trial; prepare for
JHMC.
Prepare for and take examination before trial of Jamaica Hospital
(Maffia)
Telephone conference with client; emails with opposing counsel re:
discovery; reviewing production for index.
Email regarding plan for discovery; production of Aetna documents
and docket photos; telephone call to J. Ferrara re: examination
before trial for 6/5/14.
Meeting with Smith and Ferrara to prepare for examination before
trial; review EBT materials: dcuments and audio.
Prepare for Ferrara examination before trial; telephone conference
with co-counsel re: same.
Meeting with team and J. Ferrara; attend deposition of J. Ferrara at
Law Department; drafting discovery demands for Mauriello.
Telephone conference with law enforcement experts; call with John
Eterno and Eli Silverman; review and discuss law enforcement
expert report and testimony; prepare status report for client and trial
team.
Draft summary of notes from Ferrara deposition send to counsel;
team conference call with police practices experts, Eterno and
Silverman re: expert report and testimony.
Prepare discovery demands re: Mauriello (1.5); conference call with
John Eterno; Eli Silverman and team re: expert issues (compstat,
blue wall, and digital recorder); review of New York City conflict of
interest issue, law, decision (1.2)
Telephone conference with client; preparation and review discovery
and settlement issues.
Drafting demands on Mauriello; drafting letter to court re: amended
discovery schedules.
(with Smith) Prepare and meet with Dr. Dan Halpern-Ruder in
Providence RI re proposed EMT and ER expert.
Travel to Rhode Island and meet with Dr. Dan re: ER expert.
Continue meeting with Dr. Dan re: ER expert; review parts of PX69
and home invasion recording with expert; revised and drafted
discovery demand; travel back to New York.
Telephone conference with Eterno and Silverman re: law
enforcement expert research and testimony; review and preparation
of retainer agreements.
Team conference call w/ Silverman and Eterno re expert testimony;
conference with Nat re conflict of interest issue.
Telephone conference with Eli Silverman and John Eterno re: expert

2.00
4.10
8.50

6.70
9.50
4.50
1.80
1.50
3.50
3.20
9.50
2.75

2.50
3.20

2.00
0.80
4.00
6.50
5.50
2.00
2.50
4.50

06/16/14

JL

06/16/14

NBS

06/18/14

JL

06/18/14
06/19/14

NBS
NBS

06/20/14

JL

06/20/14

NBS

06/23/14

JL

06/23/14

NBS

06/26/14

JL

06/26/14

NBS

06/27/14

JL

06/27/14

NBS

06/28/14

NBS

06/29/14

NBS

06/30/14

JL

07/01/14

JL

07/01/14
07/03/14

NBS
NBS

07/04/14

JL

07/07/14

JL

07/07/14
07/08/14

NBS
JL

07/09/14

JL

07/10/14

JL

discovery schedule (1.0); review of conflict laws; telephone call to
Mag Bauza; telephone to John Lenoir; memo to file on ER expert
(.5)
Prepare status report for client; draft trial memo

1.75

Review of city letter re: supplemental discovery; conference with cocounsel.
Prepare for and conduct (with Smith) Broschart examination before
trial; review notes.
Prepare for and take Broschart re: examination before trial.
Review of scheduling order; email with team re: schedule; email Dr
Lubit; review of Patrol Guide; prepare for Duncan examination
before trial (3.0)
Telephone conference with co-counsel re: law enforcement experts;
draft retainer agreements.
Draft opposition to reconsider; review of Duncan examination before
trial; prepare for Duncan.
Prepare for, and conduct with Smith dfnt Duncan examination
before trial; review Duncan examination before trial.
Telephone conference with client (log) re: status; prepare for and
take examination of Duncan; emails with opposing counsel re:
schedule; telephone call to'Dr, Patel.
Telephone conference with client, co-counsel and psychiatric expert
re: meeting with client; call with co-counsel re: examination before
trial scheduling.
Emails with opposing counsel re: schedule; conference with cocounsel re: same.
Meeting (telephone conference) with client; co-counsel and expert
re: evaluation by psychiatric expert.
Review of Mauriello examination before trial; telephone call to Dr.
Roy Lubit; and prepare for Mauriello examination before trial.
Review of Mauriello examination before trial; review of Lubit
affirmation in Monaco.
Review of Mauriello examination before trial; prepare for continued
examination before trial of Mauriello (4.5); conference with client re:
status; email Dr. Lubit; email John Lenoir.
conference with Dr. Lubit; call with client re: evaluation (1.25).

0.80

Prepare and conduct w/Smith examination before trial for Mauriello.
Review w/client and Smith.
Prepare and take Mauriello examination before trial.
Prepare and take Dr. Lwin examination before trial; meeting with
team re: expert report; lunch with team.
Prepare for 30(b)(6) depositions and other JHC witnesses.

8.50

Prepare for and attend deposition as co-counsel; and review;
30(b)(6) witness to testify about JHMC's policy on involuntary
hospitalization.
Take and prepare for Jamaica Hospital examination before trial.
Schedule and plan remaining depositions (2.00); review final
discovery productions (2.50).
Negotiate expert agreements with Dr. Silverman and Dr. Eterno;
draft retainer contracts; conference call to resolve issues, finalize
expert agreement and schedule meetings and reports; and prepare
for City 30(b)(6) examination before trial.
Consultation and negotiation with psych and law enforcement
experts; revise retainer agreements.

4.50

7.50
7.80
4.50
2.00
4.50
7.50
7.50
2.00
0.50
2.50
3.50
4.50
7.50
1.25

9.50
3.80
3.75

7.50
4.50
1.75

2.25

07/11/14

JL

07/13/14

MB

07/14/14
07/14/14
07/15/14
07/16/14
07/16/14

JL
NBS
JL
JL
NBS

07/17/14
07/17/14

JL
NBS

07/18/14

JL

07/18/14

NBS

07/21/14
07/21/14

JL
NBS

07/22/14

MB

07/22/14
07/23/14

NBS
NBS

07/24/14

NBS

07/25/14
07/25/14

MB
NBS

07/28/14

NBS

07/29/14

NBS

07/31/14
07/31/14

JL
NBS

08/01/14
08/01/14

JL
NBS

08/03/14

NBS

08/04/14

NBS

08/05/14

JL

08/05/14

NBS

Arrange and negotiate terms for ER MD expert witness; prepare for
City examination before trial.
Prep for City 30(b)(6) deposition topics; research anti-quota law,
New York Labor Law § 215-a, and Operations Order No. 52.
Prepare for City 30(b)(6) examination before trial.
Prepare for examination before trial of City 30(b)(6) witnesses.
Conduct two City 30(b)(6) examinations before trial.
Conduct two City 30(b)(6) examination before trial.
Take deposition 30(b)(6) witnesses of City in the morning and
afternoon; prepare for same; conference with co-counsel;
conference with court clerk; prepare for examination before trial next
day.
Conduct two City 30(b)(6) examination before trial.
Prepare for and take examination before trial of City 30(b)(6)
witnesses on performance evaluation of supervisors and of police
officers.
Prepare, do, and review telephone call with MD expert; client and
co-counsel.
Review of prior arguments and submissions discussions
outstanding; conference with Dr. Halpern and team.
Review of discovery and depositions.
Drafting letter to Court; review of transcript of prior hearing; research
on legal issues raised by objections and Purpi examination before
trial.
Research re City's application of subsequent remedial measure;
team conference call re status.
Telephone conference with client and team; prepare letter.
Prepare for examination before trial on Thursday; review of recent
City production, emails with opposing counsel re: examination
before trial.
Prepare for and attend City 30(b)(6) (cooper); prepare for
examination before trial for Dr. Patel; conference with client.
Patel deposition.
Prepare and take examination of trial of Dr. Patel; draft letter to
Court on application re: Dr. Patel.
Review of Dr. Lwin examination before trial; review letter from
Jamaica Hospital.
Emails and telephone conference with client and re: experts; review
of letters to Court.
Preparing letter to Court; tel conf w/Smith and LE experts
drafting letter to Judge Sweet; review of letter re: outstanding;
telephone conference with trial team and Dr. Lubit and Dr. Halpern.
Draft case status report; update Trial Memorandum.
Review of letters on numerous discovery disputes; review of videos
of Dr. Patel's examination before trial; drafting letter on three motion
letter.
Review and revise letter to Court; research on deposition conduct
re: definition of harassment.
Drafting letter re: 3 discovery motions; long conference call with
experts Silverman and Eterno (1.5); preparing letter for experts on
police issues and transmitting documents to experts (2.5)
Discovery review; review letter to Court re: outstanding issues;
finalize status report.
Revise letter to Court on 3 motions; draft second letter re: video
objection.

1.75
6.00
2.25
1.50
7.50
7.00
9.50

7.00
6.50
2.50
3.50
1.50
3.40
3.65
2.50
4.50
7.50
0.00
3.50
1.20
1.20
1.50
2.70
1.50
7.50
5.80
7.50
2.50
3.20

08/06/14

NBS

08/07/14

JL

08/07/14
08/08/14

NBS
JL

08/08/14

NBS

08/09/14
08/10/14
08/10/14
08/11/14
08/14/14

JL
HS
JL
JL
JL

08/18/14

JL

08/19/14

JL

08/20/14

JL

08/22/14

JL

08/26/14

JL

08/29/14

JL

09/02/14

NBS

09/03/14
09/04/14

NBS
JL

09/05/14

JL

09/06/14

JL

09/08/14

JL

09/10/14

JL

09/11/14

NBS

09/12/14

MB

09/14/14

MB

09/14/14
09/15/14

NBS
JL

09/16/14

JL

Telephone conference with Mag Bauza to do list; meeting with John
Lenoir re: same; revise letter to Court re: video objection.
Review depositions; prepare index and summaries; confer re: expert
testimony and reports.
Review of report; telephone call to John Eterno re: same
Review depositions; index and summarize; plan expert report
submission and prepare for depositions.
Review of reports of experts (police and ER); review of record from
psychiatric experts.
Confer w/Smith re: expert reports; conference call with LE experts.
reviewed expert report and emailed team re: expert report
Review expert reports; conference calls with psychiatric expert.
Plaintiff's expert disclosure due; prepare packages and send.
Research and review existing material re: expert depositions and
dispositive motions.
Respond to City Defendant letter re: expert reports; review and
index depositions.
Review deposition summaries; draft correspondence re: discovery
issues.
Draft response to City Defendants letter re: 30(b)(6) witness; also
renew demands for production of Marino and other discovery
documents.
Confer with all expert witnesses re: schedule availability for
depositions.
Confer with experts re: additional information on reports; and
schedule availability; review defendant Mauriello letter to dismiss
charges.
Review Court Order re: discovery; confer with Smith.

1.50

Meeting with co-counsel; review of decisions on discovery; emails
re: scheduling with experts; telephone call with Roy Lubit re: same.
Email to all counsel re: schedule; telephone call with Eli Silverman.
Schedule of expert depositions (.75)prepare for expert depositions
(1.50).
Confer with co-counsel re: expert reports and depositions; prepare
response to defendants' letter motion re: expert reports and
deposition schedules; organize further deposition summaries.
Review process of summmarizing deposition transcripts;
confidentiality agreement, billing procedures,
Confer with co-counsel re: expert discovery; schedule and
deposition strategy; review Monel law and facts..
Review with all counsel expert witness deposition schedule and
outstanding discovery production; review research material for
depositions.
Reply to Defendants' letter motion on experts; letter to all counsel
re: expert fees to be paid; review of cases on same.
Team Meeting weekend in Mayfield, NY (including travel time of 4
hours).
Team Meeting weekend in Mayfield, NY (including travel time of 4
hours).
Meeting with client; return travel to New York
Review discovery materials produced by City Defendants; conferred
with LE expert Eterno by telephone; and conference call with LE
experts.
Reivew and consult re: expert discovery.

1.50

2.50
1.20
2.25
3.50
2.00
1.50
2.50
4.25
1.50
2.50
2.50
4.75
1.25
1.75
1.50

0.70
2.25
3.50
3.50
2.75
2.50
3.50
6.00
6.00
5.50
2.50
2.50

09/16/14

NBS

09/17/14

JL

09/17/14
09/18/14

NBS
JL

09/18/14

NBS

09/19/14

JL

09/19/14
09/20/14

NBS
MB

09/21/14

JL

09/22/14
09/23/14

NBS
NBS

09/24/14

JL

09/24/14
09/24/14

JLL
NBS

09/26/14

NBS

09/29/14

NBS

10/02/14

JL

10/02/14

JS

10/02/14

JS

10/02/14

NBS

10/03/14

NBS

10/06/14

JL

10/06/14
10/06/14

JS
NBS

10/07/14

JS

10/08/14

NBS

10/09/14
10/09/14

JS
JS

Telephone conference with experts; conference with co-counsel;
emails re: schedule with all counsel.
Prepare for Hearing; hearing with Judge Sweet courtroom at 500
Pearl Street, NYC.
Prepare for and take Purpi examination before trial.
Prepare for City 30(b)(6) examination before trial on Friday; prepare
for motion for summary judgment; defendants expert disclosure due.
Prepare for examination before trial; telephone call with Walter
Kretz; telephone conference with Roy Lubit; review of expert reports
served today and with co-counsel.
With Smith: City 30(b)(6) deposition with Sgt Purpi; and City 30(b)(6)
witness on gun amnesty program.
Prepare for and attaend Carrasco ebt
Review Medical defendants expert reports; review expert
Tancredo's deposition transcripts.
Prepare ER expert for examination before trial; confer w/Smith re
med experts.
Email regarding schedule; telephone call with John Eterno.
Prep for and attend examination before trial of Roy Lubit; call to
court re: schedule.
Expert deposition: Review Lubit deposition; review defendants'
expert reports; prepare for LE experts.
Ferrara and Broschart summary deposition.
Telephone conference with Roy Lubit; telephone call with John
Lenoir; review of emails; letter to court re: motion by city.
Review of production for motion to compel; telephone call with cocounsel; message from Dr. Lubit.
Meeting with Dr. Halpern Ruder and John Lenoir; prepare for
examination before trial; review of CompSTAT notes.
prepare and schedule legal assistants (Jeanette and Lysia) for
examination before trial summaries (2.50).
Reading and taking notes on Schoolcraft Depositions; listening to
and discussing Schoolcraft tapes from October 31, 2009.
Reading and taking notes on the Schoolcraft depositions; listening
to and discussing the Schoolcraft tapes from October 31, 2009.
Email re: scheduling Silverman and Lubit; conference call with John
Lenoir and Mag Bauza re: trial prep review of CompStat notes.
Legal research on Monell issues (1.8) meeting with Mag and John
Lenoir; emails re: trial date; conference with client re: status and trial
date; review of Nelson discover records (1.5); review of Patrol
Guide; review of CompStat notes (2.0); prep motion for discovery.
Review of discovery correspondence and scheduling of remaining
depositions.
Reading, taking notes, and discussing the Schoolcraft depositions.
Drafting motion for discovery; drafting letter re: opposition to adjourn
for trial date; emails with opposing counsel; scheduling Patel
examination before trial; telephone call to the clerk for Patel's
attorney.
Reading and taking notes and discussing the Schoolcraft
depositions.
Review of Floyd record; research on witness list issues; telephone
call with Dr. Dan Halpern; email correspondences Silverman and
Eterno.
Reading, taking notes, and discussing the Schoolcraft depositions
Reading, taking notes and discussing the Schoolcraft depositions.

1.80
3.00
3.50
2.50
3.50
2.75
5.50
4.62
2.75
0.40
8.00
1.50
8.00
1.70
2.20
5.80
2.50
4.43
5.00
4.50
6.50

1.50
1.00
5.50

2.50
7.50
1.75
2.00

10/09/14

NBS

10/10/14
10/10/14
10/14/14
10/14/14
10/15/14

JS
NBS
JS
JS
JL

10/15/14
10/16/14

JS
NBS

10/17/14

NBS

10/18/14
10/18/14

MB
NBS

10/19/14

NBS

10/20/14

NBS

10/21/14

NBS

10/23/14

JL

10/23/14

NBS

10/27/14

NBS

10/28/14

JS

10/28/14

NBS

10/29/14

JS

10/29/14

NBS

10/30/14

NBS

10/31/14

NBS

11/03/14

NBS

11/04/14

NBS

Telephone conference with client; review of Eterno production; email
re: same; review of Floyd trial.
Reading, taking notes and discussing the Schoolcraft depositions
Review of Floyd transcripts and decision.
Reading and taking notes.
Reading and taking notes on the Schoolcraft depositions.
Conference w/Smith re: City Defendants settlement proposal;
prepare counter proposal.
Reading and discussing the Schoolcraft depositions.
Telephone conference with John Lenoir; drafting letter to court on
discovery motions/issue (2.8);
Appear for and defend Eterno examination before trial; revise and
file letter with court re: outstanding discovery issues.
Research Rule 68; review letter to Adrian re settlement offer.
Research on Rule 68; draft and send memo to client re: Rule 68
offer; telephone client re: same; telephone call to John Lenoir re:
same.
Review of 2nd Amended Complaint for purpose of motion to amend;
conference call with team re: Rule 68 offer; email exchange with
Howard Suckle re: same.
Telephone conference with with John Eterno (1.5) re: examination
before trial and case; telephone call with chambers re: next
conference; emails re: same; revising pleading for purpose of
motion; review of case law on right to refuse, medical treatment
(1.5).
Review of right to refuse medical treatment cases; emails re:
schedule; telephone to Eli Silverman re: his examination before trial.
Prepare and review summaries of deposition transcripts; schedule
remaining depositions with counsel; prepare Silverman for
deposition.
Prepare for Silverman; telephone call to Silverman (2 times); review
of report; draft letter rejecting Rule 68 offer.
Meeting with John Lenoir re: amended complaint; review of emails;
telephone call to Investigator Skinner; email with Silverman review
of discovery record on complaint; review of tapes re: Amended
Complaint.
Review discovery issues outstanding and preparation for hearing
10/29/2014.
Prepare revisions to 2nd Amended Complaint for motion to arrest;
research on issues relating to motion to amend.
Reviewing surveillance videos of Adrian's house and writing
summaries of these videos along with other documents on the CD's
from the Schoolcraft file.
Prepare for court; appear in court; conference with client and John
Lenoir re: status.
Prepare for Patel examination before trial; research warrantless
entry and search.
Prepare for and take 2nd examination before trial of Dr. Patel (3.2);
research on causes of action for motions to amend and summary
judgment.
Research an existing cir. case law (3.0); telephone conference with
Roy Lubit; emails with opposing counsel; revised 2nd Amended
Complaint for motion to amend.
Drafting motion to amend; letter to court re: page limit; email client
re: status.

4.50
1.00
4.50
3.00
3.00
2.00
2.00
2.80
9.50
4.00
3.50
4.50
3.80

3.70
3.50
6.50
5.80

2.00
6.80
2.00
4.50
3.50
5.50
3.80
3.50

11/07/14

NBS

11/10/14

NBS

11/11/14

NBS

11/13/14

NBS

11/16/14
11/19/14

NBS
NBS

11/20/14

JL

11/21/14
12/02/14

NBS
MB

12/03/14

JL

12/03/14

MB

12/03/14

MB

12/03/14

NBS

12/04/14

NBS

12/05/14

NBS

12/07/14
12/08/14

NBS
JL

12/08/14

NBS

12/09/14

JL

12/09/14

NBS

12/10/14

NBS

12/11/14

NBS

12/13/14
12/14/14

NBS
NBS

12/16/14

MB

12/19/14

MB

Meeting with S. Korenbaum; emails re: status; telephone call with
Dr. Lubit.
Telephone conference with Dr. Lubit; attend and defend
examination before trial of Dr. Lubit at Martin Clearwater; review of
draft Amended Complaint; research, on 4th Amendment warrantless
entry (1.5)
Telephone conference with paralegal (JS) re: case; review of ebt
summaries.
Appear and defend Dr. Lubit; conference re: examination before trial
with witness.
Revise complaint; email re: same.
Review of examination before trial of Lauterborn and Mauriello on
questions about evaluations; email client re: same.
Follow up re: Lubit deposition and prep materials for trial testimony.

2.20

Emails re: Lubit; review of Azira files
Memo of law in support of Motion to Amend; examine and analyze
developing caselaw re: respondent superior liability for private
corporations under § 1983 (Shields).
Review draft of 3rd Amended Complaint; review plaintiff motion for
Summary Judgment and dismiss Mauriello counterclaim.
Review final draft Third Amended Complaint; review final draft
Memo in Support.
Review final draft memo of law in support of Motion to Amend;
Begin research for summary judgment arguments; analyze Second
Circuit summary judgment decisions re due process and
dangerousness in context of civil commitment; false imprisonment
claims.
Revising 3rd Amended Complaint and Memo Of Law In Support Of
Motion To Amend.
Revising Amended Complaint and Memo on motion to amend;
began review of depositions for summary judgment motion.
Review of letters; review of Duncan transcripts, emails with team re:
status.
Review of examination before trial record.
Review deposition summaries; research on motions for summary
judgment; confer with Smith re preparation for opposition.
Drafting letter to Court re: motion to amend; review of examinations
before trial for motion for summary judgment.
Research review for motion for summary judgment and opposition to
Mauriello counterclaim.
Drafting letter to Court re: defendants' motion to adjourn trial and
summary judgment; review of examinations before trial for summary
judgment motion; review of Compstat video.
Review of examination before trial for preparation of motions
meeting with John Lenoir re: motions.
Review of examination before trial for summary judgment motion;
conference with M. Bauza re: JHMC claims; review of cases.
Research on exig. cir. exception.
Review of examination for summary judgment facts; review of exig.
cir. cases; review of prima facie tort and tortuous interference case.
Draft summary judgment issues; analyze Fourth Amendment search
and seizure Second Circuit summary judgment decisions.
Summary judgment Memo in Support; research and analyze
Second Circuit decisions determining exigent circumstances; review

2.50
7.92

5.20

1.50
5.50
1.00
0.80
1.00

3.00
5.25
6.50

3.50
4.50
1.80
5.50
3.00
3.50
2.00
5.50
8.50
5.50
3.50
5.50
7.60
5.20

12/21/14

MB

12/22/14

NBS

12/24/14
12/30/14

NBS
NBS

01/03/15
01/04/15

NBS
MB

01/04/15
01/05/15

NBS
MB

01/05/15

NBS

01/07/15

MB

01/07/15

NBS

01/08/15

MB

01/08/15

NBS

01/09/15

MB

01/09/15
01/10/15

NBS
JL

01/10/15
01/11/15

NBS
JL

01/11/15

MB

01/11/15

NBS

01/12/15

JL

01/12/15

MB

01/13/15

JL

01/14/15

MB

01/14/15

NBS

01/15/15
01/15/15

NYPD Patrol Guide emergency protocol.
Summary judgment memo in support draft; track comments and
caselaw support.
Draft motions; memo; Rule 56.1 Statement; conference with client
re: sealing and objection to it; letters (2x) Court.
Preparing motion papers
Telephone conference with John Lenoir; telephone call to client re:
Norinsberg; drafting summary judgment; review of new material.
Reading City motion and case law.
Review City defendants summary judgment motions; research
caselaw cited.
Reading Mauriello and JHMC motions and case law.
Review Medical defendants summary judgment motions; research
cited caselaw; conference with Nat re: motions.
Review of motions; review of recent production by City (videos and
EIU file); conference with John Lenoir and Mag Bauza re: motions.
Prepare for opposition papers; draft Medical Defendants' summary
judgment issues; analyze
cited caselaw.
Reviewing motions; meeting with John Lenoir; J. Mck; J.S re:
Compstat videos.
Meeting with Nat re: Medical Defendants summary judgment issues;
conduct research on
issues.
telephone call to Ryan Shaffer; Paul Callan; Gregory Radmosili re:
summary judgment schedule; review of Lauterborn examination
before trial (4:5)
Research City Defendants summary judgment issues; 4th
amendment unlawful search and seizure; legal standard for exigent
circumstances; objective reasonableness doctrine; research
caselaw deciding summary judgment on qualified immunity grounds;
team conference re motions.
Emails re: status; conference with team; conference call with client.
Review CompStat DVD's; prep index.

7.40
12.50
3.50
9.50
5.50
4.00
8.20
6.00
5.50
6.50
4.50
5.50
4.50
6.10

1.50
7.50

Review of examinations before trial and Compstat videos.
Review CompStat DVD's; telephone call re: CompStat DVD's;
review CompStat DVD's.
Research City Defendants summary judgment issues; probable
cause; exculpatory evidence; review EMT emergency protocol ;
review caselaw and statutory right to refuse medical treatment; right
to hospital preference.
Review of examination before trial and Compstat videos; conference
with group on Commpstat videos.
CompStat DVD review.

7.50
8.25

Research Medical Defendants summary judgment issues; draft the
state action issue; analyze McGugan v. Aldana-Bernier and Doe.
Review and index CompStat DVD's.

5.55

5.40

JL

Research Medical Defendant's summary judgment motion issues;
respondeat superior, vicarious liability; apparent authority.
Conference with client and John Lenoir; review of examination
before trial and motions.
Review and index CompStat DVD's.

MB

Research Medical Defendant's summary judgment issues; review

7.10

4.00

7.50
6.50

6.00

7.50
6.75

01/15/15

NBS

01/16/15

MB

01/16/15

NBS

01/17/15

NBS

01/18/15

NBS

01/19/15

NBS

01/20/15

JL

01/20/15

NBS

01/21/15

NBS

01/22/15

JL

01/22/15

NBS

01/23/15

JL

01/24/15

JL

01/24/15

NBS

01/25/15
01/26/15

JL
JL

01/26/15
01/27/15

NBS
NBS

01/28/15

JL

01/29/15
01/30/15
01/31/15

JL
JL
JL

02/01/15

JL

02/01/15
02/02/15
02/03/15

NBS
MB
JL

02/03/15

MB

Dr. Lubit's Report for establishing the standard of care.
Review of Hanlon examination before trial; review of Marino
examination before trial; review of cases in summary judgment
motion discussion re: Compstat videos.
Continue research on Medical Defendants summary judgment
issues; research applicable standard of care; analyze "substantially
below" legal standard; review defendants deposition summaries.
Review of Hanlon examination before trial; review of cases; review
of Compstat video.
Review of examination before trial; prepare summary judgment
oppositions.
Prepare summary judgment opposition; review of Hanlon,
Sangianetti, and Marquez examination before trial; review of
Compstat videos.
Review of Compstat videos; review of cases cited in various
motions; research on standard of objective/subjective good faith and
qualified immunity.
Review defendants Order re: TAC; prepare Summary Judgment
Response Mauriello.
Review of decision on motion to amend; review of cases on
conspiracy; review of examination before trial for motion.
Drafting summary judgment motion papers (memo of law; rule 56.1
statement); telephone Ryan Shaffer; call Norinsberg re: wants cocounsel to get access to Adrian Schoolcraft's records (medical) in
IAB file.
Draft and research for Responses to Mauriello Summary Judgment
motion.
Drafting memo in opposition; telephone call to Walter Kretz; emails
re: schedule.
Review CompStat DVD's; prepare Summany Judgment Response
Statement of motion and facts.
Research and draft Responses to defendant Mauriello Summary
Judgment motion.
Review of record; research on cases cited by defendants summary
judgment motion.
Research and Drafting in collab with Smith plaint SJ mtn
research and drafting re: summary judgment defendant Mauriello
(7.00).
Drafting opposition papers; research on probable cause.
Meeting with John and Mag re: summary judgment motion; draft
opposition; research on St amendment issues.
Research and draft; prepare for summary judgment response
Mauriello.
Mauriello response and research, record, and draft.
Summary Judgment response, research, and draft.
Prepare, research, write draft for response to Mauriello summary
judgment.
Confer with Smith in final draft: Mauriello Summary Judgment
Response and review.
Drafting opposition to motions.
Research First Amendment issues; Monell research.
Meeting with Nat re: summary judgment motion; summary judgment
Mauriello research.
Monell research; review and brief cases on police retaliation to
establish policy under Monell; review and brief case law re

4.50
6.70
7.50
7.50
8.50
7.50
3.50
5.50
8.50

7.50
7.50
3.00
3.50
6.50
4.00
7.00
7.50
9.50
10.50
4.75
2.00
8.50
4.50
5.50
8.00
3.50
6.00

establishing deliberate indifference under Monell.
02/03/15

NBS

02/04/15
02/04/15

JS
NBS

02/05/15

JL

02/05/15
02/05/15

JS
MB

02/06/15
02/07/15
02/08/15

JL
JL
NBS

02/09/15

JL

02/09/15

NBS

02/10/15

NBS

02/12/15

JL

02/12/15

NBS

02/13/15

JL

02/13/15

MB

02/13/15

NBS

02/15/15

MB

02/16/15

MB

02/17/15
02/18/15

NBS
JL

02/19/15

JL

02/20/15

JL

02/23/15

JL

02/25/15

JL

02/27/15

NBS

Review of Monell case law for motion; review of supplemental
papers filed by all defendants.
Reviewing and taking notes on CompStat meeting videos
Email with client; review of cases on Monell liability; review of record
(ebt's) on Monell issues.
Research and draft response to defendant Mauriello motion for
summary judgment; Mauriello summary judgment motion reponse.
Reviewing and taking notes on CompStat meeting videos
Continue to research Medical Defendants Memo in Opposition
issues; research defendant's argument of legal justification to
confine plaintiff under EMTALA.
Research and draft Summary judgment motion.
Review and draft Summary Judgment Motions.
Drafting opposition to Dr. Bernier and Dr. lsakov's motions;
conference with John Lenoir; telephone call with Mag Bauza.
Summary Judgment motions; confer w/Smith re prepare in
opposition to motions and response to Rule 56.1 Statement.
Drafting opposition motion; conference with John Lenoir (.5)
telephone call with Mag Bauza; drafting 56.1 opposition; telephone
conference with Brian Lee re: Isakov claims (0.2).
Opposition motion ; telephone conference with Ryan Shaffer;
telephone call with Jon Norinsberg, email client.
Telephone conference with co-counsel; review of summary
judgment motions by defendants.
Telephone conference with client; call with Jon Norinsberg and John
Lenoir; emails; telephone call with new city lawyer; review of files
under seal; review of opposition motion.
Review of defendant's motions in opposition to plaintiffs motion
summary judgment; review of defendant's motions and prepare for
plaintiffs reply re: Schoolcraft discovery.
Review all defendants motions in opposition submissions; Meeting
with Nat to discuss submissions.
Review of 5 oppositions to summary judgment motion & meeting
with John Lenoir and Mag Bauza re: issues to address (3.5),
telephone call to client (2 times); emails re: trial date; telephone to
Jon Norinsberf re: meeting and status.
Reply to Mauriello opp; research tortious interference with
prospective relations claim; wrongful means constituting tortious
conduct; malice intent as the "sole motivation" for plaintiffs alleged
interference.
Reply to Mauriello opposition motion; research defamation and
damages.
Review of files on summary judgment papers.
Review and research on plaintiff reply memorandum to defendant
Mauriello's response motion.
Review of examination before trial summaries.
Prepare for meeting with new trial team; meet with Norinsberg trial
team; and review draft of trial memo.
Review of Mauriello summary judgment motion response; research
and review documents for summary judgment reply.
Draft and research for reply to Mauriello summary judgment
response motion.
Preparing reply papers.

3.50
2.00
1.80
7.50
6.00
6.50
7.50
6.50
9.50
9.50
10.50
12.50
2.50
7.50
2.00
6.00
4.50

6.00

4.30
2.50
3.00
1.00
4.50
3.00
2.00
5.50

03/03/15

JL

6.50

JL

Research and review of defendants motions and summary judgment
statements re: re-preparation w/Smith of reply brief.
Review of case file and research for smmary judgment motion reply
brief.
Draft, discuss and review summary judgment motion.

03/04/15

JL

03/05/15
03/09/15

JL

Research and draft letter to Court re: Matthews.

2.50

03/09/15
03/09/15

MB
NBS

6.90
4.50

03/11/15

JL

03/12/15

JL

03/12/15

NBS

03/16/15

JL

03/16/15
03/18/15

MB
NBS

03/20/15

NBS

03/21/15

NBS

03/22/15
03/23/15

NBS
JL

03/23/15
03/24/15

NBS
JL

03/25/15

JL

Draft Eterno Deposition Summary; team conference call.
Research on new evidence issue; telephone conference with team;
revising letter to Court on Matthews.
Meeting with Nat Smith re: Matthews letter and response; trial
strategy.
Review motions; prepare letter to court. re; Matthews and quantified
immunity. Meeting with Norinsberg team at 225 Bway
Research on new evidece and new arguments on reply; meeting
with team.
Review motion response re: Lamstein Affidavit and reply to attorney
motion.
Review Defendants Reply memos.
Review of JPTO reqirement; telephone to Walter Kretz re: status;
drafting verdict sheet; prepare for trial; review of subpoenas;
meeting witj John Lenoir re: trial lists of witnesses and exhibits.
Telephone conference with Walter Kretz re: Kickstarter movie; email
with trial team re; inquiry.
Drafting letter re: Lamstein; Q/F issue and adjournment request;
review of exhibit lists for JPTO.
Review of exhibits for JPTO; revise letter to Court.
Meeting with Nat MSith at 100 Wall Street; prepare trial exhibits and
witness list.
Prepare witness and exhibit list; rewrite letter to Court.
Draft/prepare jury verdict sheet template. Research re jury
instruction re elements of complaint.
Review of of trial preparation - especially Lubit Direct Outline.

03/25/15

NBS

3.50

03/26/15

MB

03/26/15
03/27/15

NBS
JL

03/27/15

NBS

03/28/15

MB

03/29/15

JL

Emails re: status; conference with Scott Korenbaum re: instructions;
telephone conference with John Lenoir and Mag Bauza re:
instructions and to do.
Team meeting at Nat's new office; review Prof. Eterno's direct
examination outline.
Review of production (discs & cd's) for plaintiff's trial exhibit.
Telephone conference with new trial team; assign witness; complete
jury questions round up; compstat video by Wednesday.
Review of production for JPTO; emails to opposing counsel; emails
to co-counsel re: status.
Draft proposed jury instructions for claims against Medical
Defendants; draft charges for medical malpractice and other state
claims.
Prepare expert witness direct; draft jury instruction round up.

03/29/15

MB

5.70

03/29/15
03/30/15

NBS
JL

03/30/15

NBS

Draft proposed jury instructions for Medical Defendants; draft state
false imprisonment charge.
Review of discovery record for JPTO and witness cross.
Trial preparation; expect witness direct - Eterno, Lubit, HalprenRuder.
Review of discovery record for JPTO - exhibits and witness;
telephone call to John Lenoir re: witness responsibilities; telephone

7.25
8.50

2.50
4.50
6.50
2.50
3.00
6.50
0.50
3.50
3.50
4.50
4.50
4.50
2.50

5.00
5.50
2.00
5.50
6.60
4.75

7.50
6.00
7.50

03/31/15

JL

03/31/15

MB

03/31/15

NBS

04/01/15

JL

04/01/15

MB

04/01/15

NBS

04/02/15

JL

04/02/15

NBS

04/03/15

JL

04/03/15
04/04/15

MB
NBS

04/06/15
04/06/15

MB
NBS

04/07/15

JL

04/07/15

NBS

04/08/15

JL

04/08/15

MB

04/08/15
04/09/15

NBS
NBS

04/10/15

JL

04/10/15

NBS

04/13/15

JL

04/13/15
04/13/15

MB
NBS

04/15/15

NBS

04/17/15

JL

to Mag Bauza re: jury instructions and diagram.
Prepare trial examination - Eterno, Lubit, and Halpren-Ruder.

6.50

Draft proposed jury instructions Medical Defendants; draft corporate
negligence charge.
Review of discovery for witness list, exhibit list, and JPTO; emails
with opposing counsel re: service of subpoenas.
Prepare expert witness testimony and trial notebook.

5.50

Draft proposed jury instructions for claims against Medical
Defendants; draft charge re: the stigma of an involuntary
commitment; charge instructing requirement of a sufficient
investigation of dangerousness; damages
Email team; telephone call Brown (Daily News) re: status; study of
hospital chart; review of Bernier examination of trial and prepare
cross.
Meeting with trial team; research expert testimony for direct
testimony and prep for cross.
Meeting with team; review of trial exhibits; conference call with John
Lenoir re: Compstat; call with Mag re: jury instruction; prepare for
cross of Bernier.
Research and prepare expert witness; direct and cross

5.70

Combine NYPD and Medical Defendants Jury Instructions.
Prepare cross of Bernier; review of trial exhibits; review of draft jury
instructions.
Combine NYPD and Medical Defendants Jury Instructions.
Email team; telephone call to Scott Korenbaum re: jury change;
prepare Isakov cross.
Prepare trial testimony for Halpren-Ruder; review jury instructions
and motion.
Review of and revise motion in limine; review of and revise jury
instructions (medical); draft leter to Court re: extension; continued
preparation on Isakov cross.
Review of trial exhibits for expert witnesses Eterno and HalprenRuder; prepare expert testimony for Halpren-Ruder.
Revise jury instructions Medical Defendants incorporating Nat's
edits; conference w/ team.
Drafting cross - outlines; letter to court; conference with trial team.
Prepare for trial - jury verdict sheets and cross examination outlines
of witnesses
Prepare expert trial testimony for Halpre-Ruder; expert witness
preparation for Lubit.
Prepare for Harlon cross; emails re: status; telephone call to Mag
Bauza re: to do; telephone conference with John Lenoir re:
witnesses; review of witness list.
Prepare for hearing before Judge Sweet re: trial schedule; meeting
with trial team re: trial schedule and strategy.
Conference with Judge Sweet; team conference.
Prepare for oral argument; appear in court for conference with court
(2.0); conference with team thereafter; email opposing counsel re:
Lauterborn CD and Boston illness.
Telephone conference with Alan Scheiner re: settlement and trial
date; emails re: discovery and Boston.
Review of City Proposal for settlement; telephone call to Schoolcraft
re: City Settlement offer.

3.95
6.50

5.50
6.50

6.50
5.00
8.50
4.50

6.33
2.50
4.25
4.50
3.00
5.80
5.80
7.50
4.25
7.50
3.50
2.50
3.20
1.50
1.50

04/28/15

JL

04/29/15

NBS

05/05/15

JL

05/06/15

JL

05/7/15

NBS

05/08/15
05/11/15

NBS
NBS

05/12/15

JL

05/12/15
05/12/15

MB
NBS

05/13/15

NBS

05/21/15
5/28/15

NBS
NBS

06/01/15

JL

06/01/15

MB

06/02/15

JL

06/19/15
06/22/15

NBS
NBS

06/23/15

NBS

06/24/15

NBS

06/25/15

JL

06/25/15

NBS

06/26/15

JL

06/27/15

JL

06/29/15

NBS

06/30/15

NBS

07/03/15

NBS

07/6/15

NBS

07/07/15

NBS

Telephone conference with Nat Smith; call to Roy Lubit re: trial
schedule.
Review of new recording from City on Lauterborn PG; email trial
team restatus; telephone call G. Radomisli re: status of trial.
Review / discussion of court's 200 page Opinion re: Summary
Judgment Motions.
Review and discuss with Smith plaintiff response re court's Opinion.

1.25

Review of decision; telephone call with opposing counsel (Brian
Lee) re: state medical malpractice sliding scale issues and status.
Review of decision; email team
Review of decision on summary judgment; prepare for conference
with court.
Meeting with full trial team re: hearing; status conference with Judge
Sweet.
Conference with Judge Sweet; Trial team meeting re status.
Prepare for conference meeting with team; conference with court on
case re: schedule for trial and pre-trial.
Telephone conference with Dr. Lubit re: status and trial date;
telephone call to Dr. Eterno re: status and trial date.
Telephone conference with A. Schiener; email team re: settlement.
Review of memo re: reconsideration; telephone call with John Lenoir
and email with MG re: same.
Research and draft letter motion re: reconsideration of order re:
modified complaint.
Review letter to Judge for reconsideration draft; track changes;
research issue of qualified immunity in a First Amendment retaliation
case.
Review of draft and additional research re: court motion to
reconsider re: Dr HR; review draft of reconsideration letter and
motion.
Review of motion by City and authorities.
Emails re: motions; review of City memo; telephone conference with
City; call to W. Kretz; review of Mauriello memo; emails with team
re: schedule.
Email team re: schedule; telephone call to city counsel re: same;
email all counsel re: same.
Telephone conference with John Lenoir; telephone S.K. re:
opposition to bifurcation; emails to counsel re: schedule; letter to
Judge Sweet re: schedule; review of motion on bifurcation.
Draft and research re: bifurcation issue.

1.30

Emails with counsel re: status; letter to court re: schedule; review of
trial exhibit folder.
Research and draft plaintiff opposition to bifurcation of Monell claim.

0.30

Further research and draft of plaintiff opposition to bifurcation
motion; finalize draft of opposition to bifurcation.
Review memo in opposition to bifurcation motion; telephone call to
Scott Korenbaum; call to John Lenoir re: same.
Review of motions, memo, and case law on reconsideration motions
by City and Mauriello.
Review of recent production from City Defendants; review of
reconsideration motions.
Revising opposition papers; email co-counsel; emails to opposing
counsel.
Review of schedule; review of emails.

4.00

1.80
3.00
2.50

1.80
1.50
1.75
3.50
3.50
0.70
0.80
0.50
5.75
6.90
2.00
1.50
3.20
0.60
1.30
7.50

4.50

2.80
3.50
3.50
2.50
0.50

07/09/15

JL

07/15/15

NBS

07/17/15

JL

07/17/15

NBS

07/22/15

NBS

07/23/15

JL

07/23/15
08/05/15
08/07/15

NBS
NBS
JL

08/07/15

NBS

08/09/15

NBS

08/10/15

NBS

08/13/15

NBS

08/14/15

NBS

08/17/15

NBS

08/19/15

NBS

08/20/15

NBS

08/21/15

NBS

08/24/15

JL

08/24/15

NBS

08/25/15

JL

08/25/15

NBS

08/31/15

NBS

09/04/15

NBS

09/06/15

NBS

Confer with expert; Draft response to city re: plaintiff expert resource
material; review police expert disclosure requirements.
Review of emails; telephone call to John Lenoir re: expert discovery;
review of opposition to reconsideratio motions; review of prior record
for reply; review of motion in limine and schedule for trial
preparation.
Discussion and review re: Compstat Records; PD expert disclosure.

5.75

Telephone conference with John Lenoir; review of CompStat clips;
review of emails.
Drafting reply on reconsideration; review of documentary on
Schoolcraft; emails with team; review of tape and transcript of the
home invasion; review of witness list and trial exhibits.
Research and draft Memo In Response to JHMC opposition memo;

1.20

Drafting reply; review of witness list and exhibit trial list for JPTO
Preparing JPTO section; telephone call with team re: same.
Review JPTO's filed by defendants; telephone conference with
counsel team re: JPTO; conference with co-counsel re: Trial Draft.
Review of JPTO sections from defendants; telephone call with Brian
Osterman; conference call with Plaintiff's team re: JPTO objections;
letter to Judge Sweet oposing motion to strike reply.
Review of JPTO submissions and interrogation of sections; email
team; email opposing counsel re: schedule; review of trial
assignments.
Revised JPTO; letter to court re: schedule; emails with co-counsel;
emails with opposing counsel re: JPTO.
Prepare letter motion to court re: JPTO deadlines; review of recent
production and emails re: status with defense counsel.
Revising section of JPTO; review and inclusion in sections from
defendants; emails with opposing counsel and co-counsel re: JPTO;
conference with John Lenoir re: rifle issues for trial.
Review of JPTO; telephone call with Kretz; review of letter to court
from city.
Preparing JPTO; review of emails; preparing witness focus sheets;
review of all defendants exhibits for purposes of asserting
objections.
Review of exhibits and serve photos on defendants by email and
fax; letter to court re: filing JPTO; revise and file plaintiffs draft of
pre-trial order.
Preparing witness focus sheets; email opposing counsel re status
and moiton in limine deadline; and to do (Larry Schoolcraft very sick
and in hospital).
Review of trial exhibits, expert rpts and EBTs; prepare expert trial
witness outlines.
Preparing focus sheets; email co-counsel re: mental patient gun
rights.
Review and edit letter to court re: opposition to city defendants 2
letters; witness trial outlines: Eterno.
Review of various recordings listed on JPTO; letter to court in
opposition to motions.
Telephone conference with clerk and parties; telephone call with
John Norinsberg re status; review of draft motion.
Review of and drafting JPTO; long tc with A Scheinder (3x) with J
Norinsberg re settlement; tc JL re settlement; email team re same
Review of caselaw and statutory provisions for obtaining disability

5.50
5.50
3.50

3.50

1.25

5.50
7.50

3.20
3.50
3.50
2.80
3.50
2.50
8.50
3.80
4.30
6.50
1.30
2.00
5.00
1.30
4.50
3.80

09/07/15

NBS

09/09/15

NBS

09/12/15

NBS

09/15/15

MB

09/15/15

NBS

09/16/15

NBS

Gleason
Group
01/11/12

Gilbert

01/14/12

Gilbert

01/19/12
01/21/12

Gilbert
Levine

01/21/12

Gilbert

01/22/12

Gilbert

01/30/12
02/01/12

Gilbert
Gilbert

11/16/12

Gilbert

11/18/12

Levine

11/18/12

Gilbert

11/19/12

Levine

11/19/12

Gleason

11/19/12

Gilbert

pension; review of summary plan description for pension benefits
Preparing for trial; preparing cross examinaiton outlines and focus
sheets for witnesses set to testify or likely to testify for various
witness assignements fro trial team
Telephone conference with A Schiener and with co-counsel re
settlement (JN: PG; Harvey Levine; Rick Guilbert) re issues
pertaining to additional pension benefits.; review of caselaw cited by
the City on pension issues
Preparing for trial; drafting cross outlines and witness focus sheets
for trial witnesses and their key points
Review cross examination of defendants outlines; review/comment
on client memo.
Telephone conference with A Scheiner re no deal w/o pension
benefit; tc JN re status; drafting detailed settlement memo to cleint
on settlement
Telephone conference with A Scheiner; conf call with JN and GC re
settlement; revised detailed memo to client re settlement; tc JL re
same; email cleint re settlement
Meeting with PG, re: Union's failure to represent
Confer with HL on failure/strategy
Meeting with PG, re: Queens DA. Research Discovery of D.A.'s
investigative file: email PG Confer with HL regarding research
outcome & strategy with regard to same
Multiple e-mails to /from PG, re: draft letter to NYPD & redrafts
Review of PG correspondence
Confer with RG letter
Review of PG, re: NYPD letter.
Confer with HL regarding letter
Multiple emails to PG re: 1 PP letter
Meeting with PG, Re: NYPD letter; review letter
Confer with HL re: dinner meeting; multiple TC's with PG.
E-mail to PG, re: e-mail from CCR. Final draft cease & desist to PC
re: website
nd
Meeting with my Peter Gleason, Esq. (PG), Retired NYPD 2 grade
Detective (D2) and Larry Schoolcraft (LS) to confer on merits of
claim Filed by Adrian Schoolcraft (AS) against NYC, Jamaica
Hospital & other medical defendants Review of documents provided
by LS.
Review of Larry Schoolcraft (LS) documents re: son's case; confer
with RG re: evaluation potential strategies for Adrian Schoolcraft
(AS) litigation
Further review of documents provided and tc's with PG relating to
AS. Conferred with Harvey Levine (HL) re: merits of claim and
potential strategies for litigation
Further review of LS documents, ECF filings including pleadings &
internet materials Meeting with RG to discuss case & strategy
relative to further AS and LS contact
Meeting with RG, and follow phone conversation with AS to discuss
strategy of case, drafting of the retainer and setting up next meeting
with AS.
Meeting with PG to discuss case parameters & strategy relative to
further AS and LS contact. & impact of LS documents provided.
Confer with Confer with HL re: PG discussion & strategy

4.50
3.20

5.50
4.50
3.80
2.80

1.00
4.75
1.50
0.20
0.20
1.80
0.70
0.13
14.00

3.50
5.50
4.50
1.50
2.50

11/22/12

Gleason

11/22/12

Gilbert

11/23/12

Levine

11/23/12

Gilbert

11/26/12

Levine

11/26/12

Gilbert

11/27/12

Gleason

11/27/12

Gilbert

11/28/12

Gilbert

11/29/12

Gilbert

11/30/12

Gilbert

12/02/12

Gilbert

12/03/12

Levine

12/03/12

Gilbert

12/05/12

Gleason

12/05/12

Gleason

12/05/12
12/06/12

Gilbert
Gleason

12/07/12

Gilbert

12/10/12

Gleason

12/10/12
12/11/12

Gilbert
Gilbert

12/13/12

Gleason

Multiple phone conversation with RG, AS, and LS regarding setting
up a meeting the following day.
Multiple phone conversation with PG regarding a meeting the
following day with AS/LS. Confer with HL regarding potential
strategies.
TC's with RG re: issues arising during meeting with Adrian
Schoolcraft (AS).
Meeting with PG, AS, LS, in Albany to meet client
Discussed scope of work, strategy, investigation.
Conf with RG re: meeting with AS; review of documents from AS
smart drive, ECF entries & documents; discuss discharge of
outgoing counsel
Confer with HL re: first AS meeting; Meeting with PG regarding
obtaining Schoolcraft file from prior counsel (PC); review of client's
smart drive, court notes and documents filed in USDC; TC with
outgoing counsel; draft of correspondence to PC
E-mail from RG and follow up phone conversation with RG
regarding the Schoolcraft file.
Obtained phone for client; further review of smart drive and filed
documents; follow up phone conversation with PG on PC file with
PG regarding the Schoolcraft file. TC with PC & follow up
correspondence Forwarding Consent
Review of PC case disbursements claimed as prereq. for transfer of
file; research on atty. discharge for cause and excessive
disbursements
Research on "cause" continued; TC & email with AS re: facts
underlying "cause" forward. TC with PG on "cause"
TC with PC re: transfer of file vs. allowable disb. Multiple TCs with
PG on strategy and focus of investigation, discharge of PC "for
cause" & Review of AS email and attachments; confer with HL
regarding course of action
TC's. with PG regarding correspondence to and conversation with
PC.
Conf. with RG re: discharge/email from outgoing attorney & TC from
PG and TC with AS
Review of email from PC; confer with HL re: same TC with PG
regarding e-mail from PC.
E-mail and phone conversation with AS regarding Frank Serpico
(FS) and his assistance through support and institutional knowledge
of the NYPD.
E-mail from AS regarding previous counsel, phone conv. with RG
and AS
Review of e-mail from AS & TC with PG re: transfer of file from PC
Phone conv. with RG with update regarding VP investigation,
memo to file.
Meeting with PG, re: NYPD disciplinary charges NYPD employment
issues: confer with HL re: legal position on disciplinary charges &
return to duty potential v. retirement
E-mail and follow up phone conv. with RG, re: follow up with AS's
prior counsel.
E-mail and TC with PG, re: file transfer/termination for cuase of PC.
TC with PG regarding Albany meeting with AS & others; confer with
HL re: same
E-mail from AS containing review/discussion of 12/4/12 Press
Release from QCDA with the conclusion that there was no

0.75
1.50
0.50
10.50
4.50
3.40

0.25
2.45

4.20
3.00
1.50

0.50
0.50
0.50
0.75
1.25
0.80
1.25
1.50
0.50
0.50
0.50
4.50

12/13/12

Gilbert

12/14/12

Levine

12/14/12

Gilbert

12/14/12

Gilbert

12/17/12

Levine

12/17/12

Gilbert

12/17/12

Gilbert

12/18/12

Gleason

12/18/12

Gilbert

12/20/12
12/21/12
12/22/12

Gleason
Gleason
Levine

12/22/12
12/23/12

Gilbert
Gleason

12/23/12
12/24/12

Gleason
Gleason

12/26/12

Levine

12/26/12

Gleason

12/26/12
12/27/12
12/27/12

Gleason
Levine
Gleason

12/28/12
12/31/12

Levine
Gleason

01/02/13

Levine

01/02/13

Gleason

01/02/13
01/02/13

Gleason
Gilbert

01/03/13

Gleason

criminality in the manner that Plaintiff was taken from his home and
placed in a psychiatric facility. Extensive Follow up phone conv.
with AS and RG.
review of E-mail from AS with Queens D.A. Press Release re: no
criminality: multiple TC's with PG and AS & confer with HL re: same
Conf. with RG; review Queens D.A. press release Multiple, TC's with
PG and AS; alternate responses discussed.
Confer with HL re: press release; TC with PG, re: 1PP's position on
AS.
review of PG E-mail to NYPD Asst. Comm. Kearns, re: Schoolcraft;
confer with HL re: same
Conf. RG & PG re: discharge for cause. vs. alternatives; review of
correspondence to outgoing attorney
Review of E-mail to Kearns (NYPD) re: Schoolcraft NYPD
employment issues; confer with HL
Additional research on discharge for cause. Conferred with HL re:
merits of moving v. merits of negotiated transfer; conferred with PC
reaching agreement on file transfer; draft letter
Meeting with RG to facilitate picking up file from previous counsel,
picked up file (6+ banker boxes) from previous counsel with RG and
initial cursory review of once secured in office.
Confer with PG prior to file transfer; travel to PC Office to effectuate
transfer of 6 banker boxes of files; brief review of files at PC office.
E-mail and phone conv. with Professor from John Jay College.
Organize and review case files.
Cont. inventory of contents of file conf. w/ RG re: amended
complaint
Review of PG E-mail re, amended complaint Discuss with HL
E-mail correspondence and phone conv. with JL Re: Queens DA's
investigation of the Schoolcraft matter.
Review of amended complaint, memo to file.
Draft and hand deliver a notice of appearance that NYPD Asst.
Comm. Kearns demanded before she would communicate with my
office regarding AS.
Begin comprehensive review of transferred files & notes; pleadings
& discovery
E-mail and follow up phone conversation with Prof. from John Jay
College.
E-mail to and from NYPD Asst. Comm. Kearns.
Continued review of AS files w/notes discovery materials
Review of part of Schoolcraft file: Partial review of "Attorney's eyes
only" File.
Continued review of AS files w/notes discvoery materials
E-mail from and follow up conversation with JL, Re: his potential
involvement in the Schoolcraft matter, Queens DA's investigation,
scheduling a time we can meet.
Continued review of AS files w/notes Conf. with PG & RG at office
re: update on file review & discussion of "eyes only" file. continued
review of file.
Meeting at law office of Levine & Gilbert and continued review of
"Attorney's eyes Only," file.
E-mails back and forth to JL re: meeting.
Meeting with HL & PG at office re: update on file review &
discussion of "eyes only" file. continued review of file.
Several phone calls with LS, Re: update

3.00
1.50
1.00
0.13
1.50
0.20
2.25
6.00
6.00
1.25
2.50
2.50
.20
0.75
1.50
2.00
6.00
0.50
0.25
5.00
3.50
6.00
1.50
6.25
3.25
0.25
4.50
0.75

01/04/13
01/04/13

Levine
Gleason

01/04/13
01/04/13
01/05/13
01/05/13

Gleason
Gilbert
Gleason
Gilbert

01/06/13
01/10/13

Gleason
Gleason

01/10/13
01/13/13

Gleason
Gleason

01/19/13
01/21/13
01/28/13
02/01/13

Gleason
Gleason
Gleason
Gleason

02/02/13

Gleason

02/02/13

Gilbert

02/04/13

Gleason

02/05/13
02/05/13
02/06/13

Gleason
Gilbert
Levine

02/09/13

Gleason

02/11/13

Gleason

02/11/13

Gleason

02/11/13
02/11/13

Gilbert
Gilbert

02/12/13

Gleason

02/12/13
02/13/13

Gilbert
Gleason

02/14/13

Gleason

02/14/13

Gilbert

Continued review of file; meeting with PG
E-mail and phone conv. with PBA counsel, Re: Union's position on
Schoolcraft matter.
Meeting with RG and continued review of File.
Continued review of file; meeting with PG
Continued review of the file
Continued review of file
Memo to file.
Completion of review of file from prevous counsel, Memo to file.
Multiple phone conv. and e-mails back and forth with AS, re: PBA
and AS's recordings.
E-mail, fax and phone conv. with PBA legal counsel.
Multiple e-mails from AS and follow up phone conv. with AS. Re:
PBA, NYPD, employment status and investigation.
Several e-mails back and forth with RG, re: draft letter to NYPD.
E-mail to and from RG, re: NYPD letter.
Edit and hand deliver letter to NYPD Asst. Comm. Kearns.
E-mail from RG, re: e-mail from CCR. scheduling a phone conv. this
date.
E-mail from AS and review of documents attached, re: NYPD
mediation.
Draft memo on warrantless search by NYPD TC's with AS & LS re:
progress / strategy
Phone conv. with AS, re: travel to NYC on 2/7/13, e-mail AS, round
trip Amtrak tickeets for AS & LS.
E-mail from AS re: Authorization, print out and distribute same.
Research memo & draft subpoena to Queens D.A.
Conf. RG re: expansion of legal team; and transfer of banker boxes
& files to PG & Nat Smith (NS) for scanning; organizing files
E-mail and phone conv. with AS re: upcoming deposition on
2/12/13, purchase train ticket
Meeting with AS, review of case, discussion of strategy and updated
AS in investigation, Purchase of business attire for AS.
Conf. call with Elisha B. Barron Law Clerk to the Hon. Shira A.
Scheindlin re: ground-rules for tomorrow's deposition and follow up
call with NS, & RG
Emails to/from PG, re: deposition.
Conf. call Chambers of Judge Scheindlin and conferred with AS, PG
& NS
NS, AS & RG.
Meetings throughout day with AS in NYC, brought him up to speed
regarding aspects of his claims. Defended his deposition in the
Floyd matter before MJ Freeman. Attended public meeting, to
discuss matter with Public Advocate DeBlasio.
Follow up meeting with AS. Review amended discovery plan.
Prep and defense of deposition of AS
Meetings with AS, meeting with RG and NS.
Meeting with VP, review of file with AS.
Transport file from Levin & Gilbert to Law office of Nat Smith.
Meeting with NS to discuss how file is formatted. Meeting with AS
and legal team.
Meeting with PG & NS at office & file transfer of Nat Smith. Meeting
with NS to discuss how file is formatted. Meeting with AS and legal
team.

6.00
0.50
4.25
6.00
4.50
3.50
6.50
2.50
1.25
3.25
0.50
0.25
2.00
0.13
0.75
2.50
0.50
0.25
2.50
1.00
1.00
4.50
2.00
0.20
2.00
12.00

6.00
7.50
3.50
0.50

02/22/13

Gleason

02/23/13
02/27/13

Gleason
Gleason

02/27/13

Gleason

02/27/13

Gilbert

03/04/13
03/04/13

Gleason
Gleason

03/05/13
03/05/13
03/14/13

Gleason
Gilbert
Gleason

03/21/13
03/25/13
03/25/13
03/29/13

Gilbert
Gleason
Gilbert
Gleason

04/01/13

Gleason

04/01/13
04/02/13
04/04/13

Gleason
Gilbert
Gleason

04/05/13

Gleason

04/10/13
04/11/13

Gleason
Gleason

04/12/13

Gleason

05/05/13

Gleason

Review of e-mails from JL & NS, re: DOJ. E-mail to NS & JL re:
Agenda for Sunday's meeting.
E-mails to JL & NS, re: update from JL.
Phone conv. with NS, re: service upon 5 defendants. Travel to 1PP
to serve summonses after law dept. refuses to accept.
Review of e-mail from Corp. Counsel containing additional
"Attorney's eyes only" documents and discussion with RG & NS.
Review of e-mail from Corp. Counsel containing additional
"Attorney's eyes only" documents and discussion with PG & NS.
E-mails back and forth with MB, to set up meeting later that day.
E-mail with enclosed letter from Suzanna Publicker, Esq., review of
same.
E-mails to and from AS re: trip to city, purchase train ticket.
TC's with PG updating status
(3) ECF notices and review of same. (Defendant's motion to Quash)
and follow up discussion with NS
TC's with PG updating status
E-mail from JL, re: Schoolscraft Google alert, review of links.
TC's with PG updating status
E-mail from NS, re: enclosed letter from Hosp. Defendant to Judge
concerning press, review of same
E-mail from sound engineer containing filtered home invasion tape,
review of same.
E-mails between City, Hosp. & Plaintiff, re: discovery issues.
TC's with PG updating status
E-mail to and from Rae Koshetz, Esq., re: NYPD employment
issues.
Review Plaintiff's Opposition to City's motion to Quash, e-mails
between NS. JL re, edits.
Court Apearance, and subsq. Meeting with legal team.
Consultation with AS, Meeting with legal team and Rae Kosheck,
Esq., Follow up e-mail to Rae Kosheck, Esq., re: issues discussed
at meeting.
Draft response letter to NYPD re: letter received on 4/10/13.
Discussed strategy with AS.
Consultation with AS discussing matter purchased return ticket to
Albany, meeting with VP.
E-mail to and from Rae Koshetz, Esq. re: scheduling meeting.

0.75
0.125
2.25
1.25
1.25
0.25
0.25
0.50
0.20
1.25
0.30
0.75
0.20
0.50
0.75
0.50
0.20
0.25
0.75
3.50
8.00

4.50
0.13

EXHIBIT 10
6/18/2010

JLN

Meeting w/ Gerald Cohen ("GC") and JF re: Schoolcraft
coming to our office for interview

0.8

6/18/2010

JPF

Meeting w/JN and Gerald Cohen ("GC") re: Schoolcraft
coming to our office and retaining for lawsuit

0.8

6/18/2010

GMC

Meeting w/Jon Norinsberg (JN) and Joshua Fitch (JF) re:
Schoolcraft coming to our office and retaining for lawsuit

0.8

06/20/10

JLN

Read Voice articles on Schoolcraft

2.10

06/20/10

JPF

Reading Village Voice articles on; Schoolcraft and
Halloween night

2.10

06/21/10

JPF

Review of articles sent by Schoolcraft on Gerald Nelson

0.60

06/21/10
06/22/10

JLN
JLN

Read articles sent by Schoolcraft on Gerald Nelson
Discussion with GC and JF re Schoolcraft case & causes of
action

0.80
0.80

06/22/10

JPF

Discussion with Gerald Cohen (GC) and JN re Schoolcraft
case & causes of action

0.80

6/23/2010

JLN

0.75

6/23/2010

JPF

6/23/2010

GMC

6/24/2010

JLN

Meeting w/ GC and JF re: GC's upcoming meeting w/
Schoolcraft
Meeting w/JN and GC re: JN's upcoming meeting w/
Schoolcrafts
Meeting w/JN and JF re: JN's upcoming meeting w/
Schoolcrafts
TC with GC re: meeting w/Schoolcraft

6/24/2010

GMC

PC with JN re: meeting w/Schoolcraft

6/25/2010

JLN

Meeting w/ GC and JF re: scope of Schoolcraft materials that
need to be reviewed for complaint, overall strategy & next
steps for moving forward

3.25

6/25/2010

JPF

3.25

6/25/2010

GMC

6/25/2010

JLN

6/25/2010

JPF

6/25/2010

GMC

Meeting w/JN and GC re: scope of Schoolcraft materials that
need to be reviewed for complaint
Meeting w/JN and JF re: scope of Schoolcraft materials that
need to be reviewed for complaint
Meeting with GC & JF re: possible discovery demands after
suit is filed and general strategy
Meeting with GC & JN re: possible discovery demands after
suit is filed
Meeting with JF & JN re: possible discovery demands after
suit is filed

06/25/10

JLN

Read Schoolcraft's PBA contract; took notes re: same

2.50

06/25/10

JPF

Review of Schoolcraft 's Patrolmens Benevolent Associtation
("PBA") contract

2.50

6/28/2010

JLN

1.25

6/28/2010

JPF

6/28/2010

GMC

Discussion with JF and GC re retainer & meeting with
Schoolcrafts
Discussion with JN and GC re retainer & meeting with
Schoolcrafts
Discussion with JN and JF re retainer & meeting with
Schoolcrafts

0.75
0.75
0.4
0.4

3.25
1.4
1.4
1.4

1.25
1.25

6/28/2010

JPF

Discussion with JN re meeting with P.O. Velasquez re policy
of quotas

0.9

6/28/2010

JLN

Discussion with JF re meeting with P.O. Velasquez re policy
of quotas

0.9

6/28/2010

JPF

Discussion with JN, GC & Adrian Schoolcraft ("AS") re: prior
counsel Jonathan Moore

0.3

6/28/2010

GMC

Discussion with JN, JF & Adrian Schoolcraft (AS) re: prior
counsel Jonathan Moore

0.3

06/28/10

JLN

Review of correspondence w/Jonathan Moore re: AS

0.10

06/28/10

GMC

Review of correspondence w/Jonathan Moore re: AS

0.10

06/29/10

JLN

E-mail from GC re: Stop and Frisk case

0.10

06/29/10

GMC

Email from JN re: Stop and Frisk case

0.10

06/29/10

JLN

E-mail to GC re: Stop and Frisk case

0.10

06/29/10

GMC

Email to JN re: Stop and Frisk case

0.10

6/29/2010

JLN

Discussion with JF & GC re decision on PBA arbitration case

0.4

6/29/2010

GMC

Discussion with JN & JF re decision on PBA arbitration case

0.4

6/29/2010

JPF

Disussion with JN & GC re decision on PBA arbitration case

0.4

6/29/2010

JLN

Discussion with JF & GC re substitution of counsel Moore

0.2

6/29/2010

JPF

Discussion with JN & GC re substitution of counsel Moore

0.25

6/29/2010

GMC

Discussion with JN & JF re substitution of counsel Moore

0.25

06/29/10

JLN

Meeting w/ GC and JF re: PBA materials for use in
Schoolcraft

1.25

06/29/10

GMC

Meeting w/JN and JF re: PBA matters and how they can be
used in Schoolcraft

1.25

6/30/2010

JLN

Discussion with JF & GC re FOIL requests for 911 calls &
how to proceed

0.5

6/30/2010

GMC

Discussion with JN & JF re FOIL requests for 911's & how to
proceed

0.5

7/2/2010

JLN

Discussion with JF re AS' ability to pursue claim under Labor
Law 215-a

0.6

7/2/2010

JPF

Discussion with JN re AS' ability to pursue claim under Labor
Law 215-a

0.6

7/6/2010

JLN

Meeting w/ GC and JF re: new whistleblower who contacted
GC re: Schoolcraft

1.3

7/6/2010

JPF

Meeting w/JN and GC re: new whistleblower contacted JN
re: Schoolcraft

1.3

7/6/2010

GMC

Meeting w/JN and JF re: new whistleblower contacted JN re:
Schoolcraft

1.3

7/6/2010

JLN

Meeting with JF/GC re: progress/developments on the case,
meeting in NYC on Wednesday and filing of lawsuit;

1.75

7/6/2010

GMC

Meeting with JN/GC re: progress/developments on the case,
meeting in NYC on Wednesday and filing of lawsuit

1.75

7/6/2010

JPF

Meeting with JN/JF re: progress/developments on the case,
meeting in NYC on Wednesday and filing of lawsuit

1.75

7/7/2010

JLN

Discussion with JF re Labor Law research

0.8

7/7/2010

JPF

Discussion with JN re Labor Law research

0.8

7/7/2010

GMC

Meeting w/only Schoolcraft

1.5

7/7/2010

JPF

Meeting w/ only with AS

1.5

07/07/10

GMC

Meeting with AS, Larry Schoolcraft (LS), JF & JN

0.75

07/07/10

JPF

Meeting with AS, LS, GC & JN

0.75

07/07/10

JLN

Meeting with AS, LS, JF & GC

0.75

7/9/2010

JLN

Discussion with JF re timeline

1.1

7/9/2010

JPF

Discussion with JN re timeline

1.1

7/14/2010

JLN

Meeting w/ GC and JF re: Schoolcraft complaint & next steps
for moving forward

1.25

7/14/2010

JPF

Meeting w/JN and GC re: Schoolcraft complaint

1.25

7/14/2010

GMC

Meeting w/JN and JF re: Schoolcraft complaint

1.25

7/15/2010

JLN

Discussion with GC and JF re tapes

1.1

7/15/2010

JPF

Discussion with GC and JN re tapes

1.1

7/15/2010

GMC

Discussion with JF and JN re tapes

1.1

7/22/2010

GMC

Discussed causes of action w/JF

1.4

7/22/2010

JPF

Discussed causes of action w/GC

1.4

07/22/10

JLN

Continued review of Schoolcraft recordings (2009 roll calls)

3.10

07/22/10

JPF

Review of Schoolcraft documents & tapes

3.10

7/26/2010

JLN

Discussion with GC & JF re complaint draft next steps
moving forward

0.6

7/26/2010

JPF

0.6

7/26/2010

GMC

Discussion with GC & JN re Complaint & drafts going
forward
Discussion with JF & JN re Complaint & drafts going forward

7/26/2010

JPF

Meeting GC and JN re issues for Schoolcraft complaint

1

7/26/2010

GMC

Meeting JF and JN re issues for Schoolcraft complaint

1

7/26/2010

JLN

Meeting JF/GC reissues for Schoolcraft complaint

1

7/26/2010

JLN

7/26/2010

JPF

7/26/2010

GMC

07/26/10

GMC

Meeting with JF & GC re case & updates on Brendan Del
Pozo
Meeting with JN & GC re case & updates on Brendan
Delpozo
Meeting with JN & JF re case & updates on Brendan
Delpozo
Review of email from JN re: Del Pozo

0.10

07/26/10

JLN

Sent E-mail to GC re: Del Pozo

0.10

7/26/2010

JLN

Discussion w/ GC re Brandon del Pozo

0.3

7/26/2010

GMC

Discussion w/JN re Brandon del Pozo

0.3

7/27/2010

JLN

Meeting w GC and JF to discuss complaint

1.25

7/27/2010

JPF

Meeting w/JN and GC to discuss Complaint

1.25

7/27/2010

GMC

Meeting w/JN and JF to discuss Complaint

1.25

7/27/2010

JLN

Mtg GC re draft of complaint and proposed revisions

0.75

7/27/2010

GMC

Mtg JN re draft of complaint and proposed revisions

0.75

0.6

2.1
2.1
2.1

7/28/2010

JPF

Discussion with GC and JN re: Adhyl Polanco and other
whistl blowers

0.5

7/28/2010

JLN

Discussion with JF and GC re: Adhyl Polanco and other
whistlblowers

0.5

7/28/2010

GMC

Discussion with JF and JN re: Adhyl Polanco and other
whistlblowers

0.5

07/28/10

JLN

Discussion with JF re complaint (proposed areas for
improvement)

0.40

07/28/10

JPF

Discussion with JN re Complaint

0.40

07/28/10

JPF

E-mail from JN re meeting with Polanco/Graham Raymond &
Rocco P.

0.10

07/28/10

JLN

E-mail to JF re meeting with Polanco, Raymond & Rocco

0.10

7/29/2010

JLN

7/29/2010

JPF

7/30/2010

JPF

Meeting with JF and Rocco P - Daily News re Schoolcraft
and evidence of quotas for Monell claim
Meeting with JN and Rocco P - Daily News re Schoolcraft
and evidence of quotas for Monell claim
Meet with GC and JN re: changes and additions to complaint

1.25

7/30/2010

GMC

Meet with JF and JN re: changes and additions to complaint

1.25

7/30/2010

JLN

1.2

7/30/2010

JLN

Meeting with JF and GC re: changes & additions to
complaint
Meeting with JF, GC, Polanco & Raymond re: Schoolcraft &
Monell claim

7/30/2010

GMC

Meeting with JN, JF, Polanco & Graham Raymond (GR) re:
Schoolcraft & Monell claim

3.25

7/30/2010

JPF

Meeting with JN, GC, Polanco & Raymond re: Schoolcraft &
Monell claim

3.25

7/31/2010

GMC

7/31/2010

JPF

Meeting with Polanco + GR, JN, JF re: quotas and Monell
Claim
Meeting with Polanco, Raymond, JN, GC re: quotas and
Monell Claim

07/31/10

JLN

E-mail from JF re edited complaint

0.10

07/31/10

GMC

E-mail from JF re edited Complaint

0.10

07/31/10

JPF

E-mail JN & GC re edited Complaint

0.10

07/31/10

JLN

Continued edits/revisions of complaint

2.80

07/31/10

JPF

Revision of Complaint

2.80

8/3/2010

JLN

8/3/2010

GMC

08/03/10

JLN

Meeting w/ GC re: Schoolcraft complaint and other
whistleblower police officers to possibly include in complaint
Meeting w/JN re: Schoolcraft complaint and other
whistleblower police officers
Discussion with JF re corrections to complaint

0.25

08/03/10

JPF

Discussion with JN re corrections

0.25

08/06/10

JLN

E-mail from JF re: complaint revisions

0.10

08/06/10

JPF

E-mail to JN re Complaint revised

0.10

08/06/10

JPF

E-mail to JN & from JN re community visits

0.25

08/07/10

JLN

E-mail exchange JF re explanation of community visits

0.25

1.5
1.5

3.25

3.2
3.2

0.5
0.5

08/07/10

JPF

E-mail to JN & from re explanation of community visits

0.25

08/08/10

JPF

Email to JN re: revision of Schoolcraft complaint

0.10

08/08/10

GMC

Review of email re: revision of Schoolcraft complaint

0.10

08/08/10

JLN

Review of E-mail re: revision of Schoolcraft complaint

0.10

8/8/2010

JLN

Discussion with JF re: edits to complaint

0.4

8/8/2010

JPF

Discussion with JN re edits to Complaint

0.4

08/08/10

JPF

E-mail from JN with additional allegations for Complaint

0.30

08/08/10

JLN

E-mail to JF with additional allegations for complaint

0.10

8/9/2010

JLN

Discussion with GC and JF re Adrian interview

0.3

8/9/2010

GMC

Discussion with JF and JN re Adrian interview

0.3

8/9/2010

JLN

Meeting w/GC and JF re: Schoolcraft website to support
Monell theory

1.5

8/9/2010

JPF

Meeting w/JN and GC re: Schoolcraft website to support
Monell threory

1.5

8/9/2010

GMC

Meeting w/JN and JF re: Schoolcraft website to support
Monell theory

1.5

8/9/2010

JLN

Review of final draft of AS complaint to be filed

0.5

8/9/2010

GMC

Review of final draft of AS complaint to be filed

0.5

8/9/2010

JLN

Review of legal issues re: Negligent hiring claim

0.3

8/9/2010

GMC

Review of legal issues re: Negligent hiring claim

0.3

8/9/2010

GMC

Discussion with JF re website content

0.4

8/9/2010

JPF

Discussion with GC re website content

0.4

08/09/10

JPF

E-mail from JN re negligent ret. claim

0.30

08/09/10

JLN

E-mail to JF re negligent ret. claim

0.30

8/10/2010

JLN

8/10/2010

JPF

8/10/2010

GMC

8/11/2010

JLN

Discussion with JF & GC re articles and possible typo in
complaint
Discussion with JN & GC re articles and possible typo in
Complaint
Discussion with JN & JF re articles and possible typo in
Complaint
Discussion with GC re anonymous P.O. re: quota/retaliation

8/11/2010

GMC

Discussion with JF re JN re anonymous P.O.

0.3

8/11/2010

JPF

Discussion with GC re JN re anonymous P.O.

0.3

8/12/2010

JLN

Meeting w/GC and JF re: legal strategies & next steps for
moving forward

0.5

8/12/2010

JPF

Meeting w/GC and JN re: legal strategies + next steps for
moving forward

0.5

8/12/2010

GMC

Meeting w/JF and JN re: legal strategies + next steps for
moving forward

0.5

8/12/2010

JLN

Meeting w/JF and GC re: legal strategies on Monell and
whistleblower cop contacts

0.8

8/12/2010

JPF

Meeting w/JN and GC re: legal strategies on Monell and
whistleblower cop contacts

0.8

0.2
0.25
0.25
0.3

8/12/2010

GMC

Meeting w/JN and JF re: legal strategies on Monell and
whistleblower cop contacts

0.8

8/13/2010

JLN

0.4

8/13/2010

JPF

8/13/2010

GMC

8/15/2010

JLN

Discussion with GC & JF re Jonathan Moore Cease & Desist
letter
Discussion with GC & JN re Jonathan Moore issue - cease &
desist letter
Discussion with JF & JN re Jonathan Moore issue - cease &
desist letter
Meeting with JF and GC re NY Times story about quotas &
Schoolcraft

8/15/2010

JPF

Meeting with JN and GC re NYTimes story about quotas &
Schoolcraft

0.6

8/15/2010

GMC

Meeting with JN and JF re NYTimes story about quotas &
Schoolcraft

0.6

08/15/10

JPF

E-mail from GC re NYPD blog picking up case

0.10

08/15/10

GMC

E-mail to JF re NYPD blog picking up case

0.10

8/17/2010

JLN

Discussion with GC and JF re anonymous e-mails that we
got as a result of the website

0.4

8/17/2010

JPF

Discussion with GC and JN re anonymous e-mails that we
got as a result of the email

0.4

8/17/2010

GMC

Discussion with JF and JN re anonymous e-mails that we got
as a result of the e-mail

0.4

8/18/2010

JLN

Discussion with JF re Rocco's story in Daily News

0.25

8/18/2010

JPF

Discussion with JN re Rocco's story in Daily News

0.25

8/19/2010

JPF

Discussion with GC and JN re: new recordings and
documents provided by AS

1.25

8/19/2010

JLN

Discussion with JF and GC re: new recordings and
documents provided by AS

1.25

8/19/2010

GMC

Discussion with JF and JN re: new recordings and
documents provided by AS

1.25

8/22/2010

JLN

Meeting with JF & GC re whistleblowers reaching out
through the website

0.8

8/22/2010

JPF

Meeting with JN & GC re whistleblowers reaching out
through the website

0.8

8/22/2010

GMC

Meeting with JN & JF re whistleblowers reaching out through
the website

0.8

8/25/2010

JLN

Meeting w/GC and JF re: ACC assigned, Schoolcraft Initial
Disclosures

1.75

8/25/2010

JPF

Meeting w/JN and GC re: ACC assigned, Schoolcraft initial
disclosures

1.75

8/25/2010

GMC

Meeting w/JN and JF re: ACC assigned, Schoolcraft initial
disclosures

1.75

8/25/2010

JLN

Meeting with JF & GC re: Whitehead mtg.

0.75

8/25/2010

JPF

Meeting with JN & GC re: Whitehead Meeting.

0.75

8/25/2010

GMC

Meeting with JN & JF re: Whitehead

0.75

8/25/2010

JPF

Meeting with JN & GC re more whistleblower email &
meeting with P.O Fioranelli

0.4
0.4
0.6

0.9

8/25/2010

JLN

Meeting with JF & GC re more whistleblower email &
meeting with P.O. Fioranelli
Meeting with JN & JF re more whistleblower email & meeting
with P.O. "PF"

0.9

8/25/2010

GMC

8/25/2010

GMC

Meeting with JF, PO from 81st precinct "PF" re: corruption

2.75

8/25/2010

JPF

Meeting with GC, PO from 81st precinct "PF" re: corruption

2.75

8/26/2010

JPF

1.5

8/26/2010

JLN

8/26/2010

GMC

8/27/2010

JLN

8/27/2010

JPF

8/27/2010

GMC

8/27/2010

GMC

8/27/2010

JPF

8/29/2010

JLN

Meeting with GC and JN re: interview of PO from 81st
precinct "PF" re: corruption
Meeting with JF and GC re: interview of PO from 81st
precinct "PF" re: corruption
Meeting with JF and JN re: interview of PO from 81st
precinct "PF" re: corruption
Discussion with GC & JF re having Eterno & Silverman as
experts
Discussion with GC & JN re having Eterno & Silverman as
experts
Discussion with JF & JN re having Eterno & Silverman as
experts
Interview with JF of Walter Lipscomb, former PO confirms
quotas - wants to help Schoolcraft
Interview with GC of Walter Cipscomb, former PO confirms
quotas - wants to help Schoolcraft
Discussion with GC re: Walter Lipscomb interview

8/29/2010

GMC

Discussion with JN re: Lipscomb interview

8/30/2010

JLN

1.25

8/30/2010

JPF

8/30/2010

GMC

8/30/2010

JLN

8/30/2010

JPF

8/30/2010

GMC

08/30/10

JLN

Meeting with JF & GC re Garcia (cop from 81 who knows
Schoolcraft & has info on quotas)
Meeting with JN & GC re Garcia cop from 81 who knows
Schoolcraft & has info on quotas
Meeting with JN & JF re "MG" cop from 81 who knows
Schoolcraft & has info on quotas
Meeting with JF & GC re Labor & Employment case &
12(b)(6) motion
Meeting with JN & GC re Labor & Employment case &
12(b)(6) motion
Meeting with JN & JF re IAB Labor & Employment case &
12(b)(6) motion
E-mail correspondence w/GC re: MG (PO in 8lst precinct)

08/30/10

GMC

Email correspondence w/JN re: "MG" (PO in 81st precinct)

0.10

08/30/10

JLN

E-mail w/ GC re: ACC Donna Canfield

0.10

08/30/10

GMC

Email w/JN re: ACC Donna Cannfield (DC)

0.10

08/30/10

GMC

Review of Donna Canfield (DC) Notice of Appearance

0.10

08/30/10

JLN

Reviewed Notice of Appearance by Donna Canfield ("DC")
on behalf of The City Of New York

0.10

8/31/2010

JLN

0.25

8/31/2010

JPF

Conversation with GC and JF re: topics to be
discussed/disclosed with Mark Toor in Chief article
Conversation with JN and GC re: topics to be
discussed/disclosed with Mark Toor in Chief article

0.9

1.5
1.5
0.6
0.6
0.6
3.25
3.25
0.5
0.5

1.25
1.25
0.5
0.4
0.4
0.10

0.25

8/31/2010

GMC

Conversation with JN and JF re: topics to be
discussed/disclosed with Mark Toor in Chief article
Interview with JF of "DH" and "EB" former NYPD, reviewed
materials, recordings re: quotas, downgrading
Interview with GC of "DH" and "EB" former NYPD, reviewed
materials, recordings re: quotas, downgrading
Meeting w/GC and JF re: discuss anonymous POs
contacting us and how they can help Schoolcraft w/ Monell
claim
Meeting w/JN and GC re: discuss anonymous POs
contacting and how they can help Schoolcraft
Meeting w/JN and JF re: discuss anonymous POs contacting
and how they can help Schoolcraft
Meeting with JF and GC to discuss infromation provided by
DH, MG, EB (whistleblower cops) in furtherance of the
Monell claim
Meeting with JN and GC to discuss infromation provided by
DH, MG, EB whistleblower cops in furtherance of the Monell
claim
Meeting with JN and JF to discuss infromation provided by
DH, MG, EB whistleblower cops in furtherance of the Monell
claim
Meeting with PO from 81st precinct "MG" re: corruption

0.25

8/31/2010

GMC

8/31/2010

JPF

9/1/2010

JLN

9/1/2010

JPF

9/1/2010

GMC

9/3/2010

JLN

9/3/2010

JPF

9/3/2010

GMC

9/3/2010

GMC

9/3/2010

JPF

2.75

JLN

Meeting with GC with PO from 81st precinct "MG" re:
corruption
Discussion with JF re AS interview with This American Life

09/03/10
09/03/10

JPF

Discussion with JN re AS interview with This American Life

0.40

09/03/10

GMC

Email correspondence w/JN re: THEE RANT post

0.25

09/03/10

JLN

E-mail w/GC re: THEE RANT post

0.20

9/6/2010

JLN

Discussion with JF re amended complaint

9/6/2010

JPF

Discussion with JN re Amended Complaint

09/07/10

JPF

Review of Chief article on AS

0.25

09/07/10

GMC

Review of Media coverage NYTimes

0.25

9/10/2010

JPF

Review of Times article points with GC

0.25

9/10/2010

GMC

Review of Times article points with JF

0.25

09/15/10

GMC

Review of stip extending time for Benier answer

0.10

09/15/10

JLN

Reviewed defendant Bernier's endorsed stipulation
extending time to answer

0.10

9/17/2010

JLN

Meeting with JF and GC regarding information obtained from
Floyd litigation and its impact on Schoolcrafts Monell and
Retaliation claims

1.3

9/17/2010

JPF

Meeting with JN and GC regarding infromation obtained from
Floyd litigation and its impact on Schoolcrafts Monell and
Retaliation claims

1.3

9/17/2010

GMC

Meeting with JN and JF regarding infromation obtained from
Floyd litigation and its impact on Schoolcrafts Monell and
Retaliation claims

1.3

9/18/2010

JLN

Conversation with GC & JF re new whistleblower cop

0.3

3.25
3.25
1.8
1.8
1.8
1.4
1.4
1.4
2.75

0.40

0.4
0.4

9/18/2010

JPF

Conversation with GC & JN re new whistleblower cop

0.3

9/18/2010

GMC

Conversation with JF & JN re new whistleblower cop

0.3

9/20/2010

JPF

9/20/2010

GMC

9/20/2010

GMC

9/20/2010

JPF

9/21/2010

JLN

9/22/2010

JPF

Discussion & review with GC & JN re media to upload to
website
Discussion & review with JF & JN re media to upload to
website
Meeting with JF with PO "JB" re: NYPD quotas and
downgrading
Meeting with GC with PO "JB" re: NYPD quotas and
downgrading
Meeting with DOJ EDNY regarding potential civil rights
enforcement action and setting up meeting w/ AS
Meeting with DOJ EDNY

9/22/2010

JLN

Meeting with JF to prepare for EDNY DOJ

1.1

9/22/2010

JPF

Meeting with JN to prepare for EDNY DOJ

1.1

9/23/2010

JLN

0.3

9/23/2010

JPF

9/23/2010

JLN

9/23/2010

GMC

9/23/2010

JPF

9/24/2010

JLN

9/24/2010

JPF

9/24/2010

GMC

9/25/2010

JLN

Discussion with JF re new post for THEE Ranrt for more
whistleblower Pos to support Monell claim
Discussion with JN re new post for RANT for more
whistleblower Pos
Meeting with GC, JF and Center for Constitutional Rights
(CCR) re Schoolcraft
Meeting with JF, JN and Center for Constitutional Rights
(CCR) re Schoolcraft
Meeting with GC, JN and Center for Constitutional Rights
(CCR) re Schoolcraft
Discussion with JF and GC re: first meeting with the DOJ
and upcoming meeting with the DOJ and AS
Discussion with JN and GC re: first meeting with the DOJ
and upcoming meeting with the DOJ and AS
Discussion with JN and JF re: first meeting with the DOJ and
upcoming meeting with the DOJ and AS
Meeting with GC & JF re: upcoming AS interview with feds

9/25/2010

JPF

Meeting with GC & JN re AS interview with feds

0.5

9/25/2010

GMC

Meeting with JF & JN re AS interview with feds

0.5

09/25/10

JLN

E-mail from JF re: upcoming fed meeting with AS

0.10

09/25/10

JPF

E-mail from JN re fed meeting

0.10

9/27/2010

JLN

9/27/2010

JPF

9/27/2010

GMC

9/27/2010

JPF

9/28/2010

GMC

Discussion with JF re: location of witnesses from This
American Life interview
Discussion with JN re location & witnesses from This
American Life interview
Meeting w/AS with JN, JF to prep for discussion with US
attorneys office EDNY
Meeting w/AS witkr JN, GC to prep for discussion with US
attorneys office EDNY
"Rich" anonymous cop discussion with JF

9/28/2010

JPF

"Rich" anonymous cop discussion with GC

09/28/10

JLN

E-mail from JF re article in Russian news

0.25
0.25
2.5
2.5
3.1
3.1

0.3
2.25
2.25
2.25
1.75
1.75
1.75
0.5

0.5
0.5
3.25
3.25
0.6
0.6
0.10

09/28/10

JPF

E-mail from JN re article in Russian news

0.10

9/30/2010

JLN

9/30/2010

JPF

9/30/2010

GMC

10/02/10

JLN

Meeting with GC and JF re: anonymous cop interviews (VM
and EF)
Meeting with GC and JN re: anonymous cop interviews VM
and EF
Meeting with JF and JN re: anonymous cop interviews VM
and EF
E-mail from JF re whistleblower cop

0.10

10/02/10

JPF

E-mail from JN re whistleblower cop

0.10

10/02/10

JLN

E-mail re whistleblower cop from JF

0.10

10/02/10

JPF

E-mail re whistleblower cop from JN

0.10

10/4/2010

JPF

0.75

10/4/2010

JLN

10/4/2010

GMC

10/4/2010

GMC

10/4/2010

JPF

10/7/2010

GMC

10/7/2010

JPF

10/10/2010

JLN

10/10/2010

JPF

10/10/2010

GMC

10/11/10

JLN

Meeting w GC and JN to discuss infromation from "JR"
retired police officer re: quotas, downgrading, NYPD
corruption
Meeting w/ GC and JF to discuss information from "JR"
retired police officer re: quotas, downgrading, NYPD
corruption
Meeting w/ JF and JN to discuss infromation from "JR"
retired police officer re: quotas, downgrading, NYPD
corruption
Meeting w/ JF and "JR" retired police officer re: quotas,
downgrading, NYPD corruption
Meeting w/ GC and "JR" retired police officer re: quotas,
downgrading, NYPD corruption
Meeting with JF and "EB" retired police officer re: quotas,
downgrading, NYPD corruption
Meeting with GC and "EB" retired police officer re: quotas,
downgrading, NYPD corruption
Meeting with GC and JF re: infromatoin provided by MV, NB,
EB whistleblower cops
Meeting with JN and GC re: infromatoin provided by MV, NB,
EB whistleblower cops
Meeting with JN and JF re: information provided by MV, NB,
EB whistleblower cops
E-mail correspondence w/ GC re: Posts

10/11/10

GMC

Email correspondence w/JN re: Posts

0.25

10/11/10

JLN

E-mail from JF re Lewis whistleblower cop

0.90

10/11/10

JPF

E-mail from JN re Lewis whistleblower cop

0.10

10/12/2010

JPF

10/12/2010

GMC

10/12/2010

JLN

Meeting w/ GC and JN re: Schoolcraftjustice.com calls from
Pos
Meeting w/ JF and JN re: Schoolcraftjustice.com calls from
POs
Meeting w/GC re: Schoolcraftjustice.com calls from Pos

10/12/2010

JLN

Discussion with JF re motion to Dismiss sched.

0.3

10/12/2010

JPF

Discussion with JN re Motion to Dismiss schedule

0.3

10/13/10

JLN

Discussion with JF re agreement on briefing sched. w/
defendant Jamaica Hosp.

1.1
1.1
1.1

0.75
0.75
1.8
1.8
1.8
1.8
1.4
1.4
1.4
0.20

1
1
1

0.10

10/13/10

JPF

Discussion with JN re agreement on briefing sched. w/
defendant Jamaica Hosp

0.10

10/13/2010

JLN

1.25

10/13/2010

JPF

10/14/2010

JLN

10/14/2010

GMC

10/15/10

GMC

Discussion with JF re: arguments to make in response to
JHMC motion
Discussion with JN re: arguments to make in response to
JHMC motion
Meeting with GC re: information provided by PL and RL
(whistleblower cops) to support Monell claim
Meeting with JN re: information provided by PL and RL
whistleblower cops to support Monell claim
Review of order setting deadlines for Motion to Dismiss

10/15/10

JLN

Reviewed order re: defendant JHMC's motion to Dismiss

0.10

10/26/2010

GMC

10/26/2010

JPF

10/27/2010

GMC

10/27/2010

JPF

10/30/2010

JLN

Meeting with JF and "RC" to discuss experience with quotas
in a Brooklyn North precinct
Meeting with GC and "RC" to discuss experience with quotas
in a Brooklyn North precinct
Meeting with JF and David Velez re: arbitration, quotas,
Michael Marino
Meeting with GC and David Velez re: arbitration, quotas,
Michael Marino
Meeting with GC & JF re: information provided by MR, MG
RC (whistleblower cops) and movie and book publicist
contacting AS for information

10/30/2010

JPF

Meeting with GC & JN re: information provided by MR, MG
RC whistleblower cops and movie and book publicist
contacting AS for information

2.25

10/30/2010

GMC

Meeting with JF & JN re: information provided by MR, MG
RC whistleblower cops and movie and book publicist
contacting AS for information

2.25

11/1/2010

JLN

Meeting with GC and JF re: updating Schoolcraft website

0.3

11/1/2010

JPF

Meeting with JN and GC re: updating Schoolcraft website

0.3

11/1/2010

GMC

Meeting with JN and JF re: updating Schoolcraft website

0.3

11/4/2010

GMC

Meeting with JF and police officer "BP" re: quotas,
downgrading, and NYPD corruption

2.3

11/4/2010

JPF

Meeting with GC and police officer "BP" re: quotas,
downgrading, and NYPD corruption

2.3

11/8/2010

GMC

Met with JF and police officer "MC" re: quotas

0.8

11/8/2010

JPF

Met with GC and police officer "MC" re: quotas

0.8

11/9/2010

JLN

Meeting with GC about interviews with CW and MC
whistleblower cops regarding Monell claim

0.6

11/9/2010

GMC

Meeting with JN about interviews with CW and MC
whistleblower cops regarding Monell claim

0.6

11/11/2010

GMC

Meeting with JF and "JW" cop to discuss quotas/retaliation

1.6

11/11/2010

JPF

Meeting with GC and "JW" cop to discuss quotas/retaliation

1.6

11/12/2010

JLN

Meeting with JF and GC re: issues on our opposition and
GC's meeting with JW anonymous cop

0.3

1.25
0.75
0.75
0.10
3.1
3.1
1.4
1.4
2.25

11/12/2010

JPF

Meeting with JN and GC re: issues on our motion opposition
and GC's meeting with JW anonymous cop

1

11/12/2010

GMC

Meeting with JN and JF re: issues on our motion opposition
and about information provided by JW anonymous cop

1

11/16/2010

JLN

Review of affidavit Darius Charney wants Schoolcraft to sign
Aff for Floyd

0.4

11/16/2010

GMC

Review of affidavit Darius Charney wants Schoolcraft to sign
for Floyd case

0.4

11/16/10

JLN

E-mailed GC re: changes to Schoolcraft Floyd affidavit

0.10

11/16/10

GMC

Emailed JN re: changes to Schoolcraft Floyd affidavit

0.10

12/1/2010

JLN

Discussion with GC & JF re affidavit from Schoolcraft

0.4

12/1/2010

JPF

Discussion with GC & JN re affidavit from Schoolcraft

0.4

12/1/2010

GMC

Discussion with JF & JN re affidavit from Schoolcraft

0.4

12/6/2010

JLN

Discussion with GC & JF re final corrections

0.8

12/6/2010

JPF

Discussion with GC & JN re final corrections

0.8

12/6/2010

GMC

Discussion with JF & JN re final corrections

0.8

12/08/10

JLN

Reviewed NYPD memos regarding anti quota legislation

1.20

12/08/10

JPF

Review of NYPD Memos re anti quota legislation

1.30

12/9/2010

JLN

Discussion w/ JF & GC re discovery responses & timing

0.5

12/9/2010

GMC

Discussion w/ JN & JF re discovery responses & timing

0.5

12/9/2010

JPF

Discussion wi JN & GC re discovery responses & timing

0.5

12/10/10

JLN

E-mail w/ GC re: HIPAAs for AS meds

0.10

12/10/10

GMC

Email w/JN re: HIPAAs

0.10

12/17/10

JLN

E-mail from JF re AS benefits

0.10

12/17/10

JPF

E-mail to JN re AS benefits

0.10

01/01/11

JPF

E-mail from JN re Wall Street Journal article about case

0.10

01/01/11

JLN

E-mail to JF re WSJ article about case

0.10

1/10/2011

JLN

Meeting with GC & JF re interrogatories and demands &
misc. discovery & strategy issues

1.5

1/10/2011

JPF

Meeting with GC & JN re interrogatories and demands

1.5

1/10/2011

GMC

Meeting with JF & JN re interrogatories and demands

1.5

1/20/2011

JLN

Meeting with GC, JF to discuss JHMC's reply memo of law

0.4

1/20/2011

JPF

Meeting with JN, GC to discuss JHMC's reply memo of law

0.4

1/20/2011

GMC

Meeting with JN, JF to discuss JHMC's reply memo of law

0.4

01/25/11

JPF

Email from GC re statements from Jamaica Hospital to
Village Voice

0.10

01/25/11

JPF

Email Response to GC re statements from Jamaica Hospital
to Village Voice

0.10

1/26/2011

JLN

Discussion with GC & JF re oral arguments on MTP

0.6

1/26/2011

JPF

Discussion with GC & JN re oral arguments

0.6

1/26/2011

GMC

Discussion with JF & JN re oral arguments

0.6

1/26/2011

GMC

Appearance for motion to dismiss in Schoolcraft

1

1/26/2011

JPF

Appearance for motion to dismiss in Schoolcraft

1

1/26/2011

GMC

Travel from SDNY for appearance for motion to dismiss in
Schoolcraft (.5)

0.25

1/26/2011

GMC

Travel to SDNY for appearance for motion to dismiss in
Schoolcraft (.5)

0.25

1/26/2011

JPF

Travel from SDNY for appearance for motion to dismiss in
Schoolcraft (.5)

0.25

1/26/2011

JPF

Travel to SDNY for appearance for motion to dismiss in
Schoolcraft (.5)

0.25

1/31/2011

JLN

Meeting with JF & GC re sending documents &
authorizations to Queens DA office

0.4

1/31/2011

JPF

Meeting with JN & GC re send documents & authorizations
to Queens DA office

0.4

1/31/2011

GMC

Meeting with JN & JF re send documents & authorizations to
Queens DA office

0.4

1/31/2011

JLN

Discussion w/ GC re: requesting Queens DA to investigate
Halloween night

0.4

1/31/2011

GMC

Discussion w/JN re: requesting Queens DA to investigate
Halloween night

0.4

2/8/2011

JLN

0.3

2/8/2011

JPF

2/8/2011

GMC

2/12/2011

JLN

2/12/2011

JPF

2/19/2011

GMC

Discussion w/ JF & GC re letter to court to schedule
discovery
Discussion w/ JN & GC re letter to court to schedule
discovery
Discussion w/ JN & JF re letter to court to schedule
discovery
Discussion with JF re; motion to stay and arguments in
opposition
Discussion with JN re; motion to stay and arguments in
opposition
Meeting with JF re: getting transcript for Bryant v. City verdict
finding quotas existed

2/19/2011

JPF

Meeting with GC re: getting transcript for Bryant v. City
verdict finding quotas existed

0.6

02/19/11

JLN

E-mail correspondence w/ GC re: Seth Harris verdict finding
quota in Carolyn Samuels case

0.10

02/19/11

GMC

Email correspondence w/JN re: Seth Harris verdict finding
quota

0.10

2/19/2011

GMC

Meeting with JF re: getting transcript for Bryant v. City verdict
finding quotas existed

0.6

2/19/2011

JPF

Meeting with GC re: getting transcript for Bryant v. City
verdict finding quotas existed

0.6

3/1/2011

GMC

Meeting with anonymous cops from T34 w/ JF and JN provided recordings of Lt. Janice Williams

1.25

3/1/2011

JLN

Meeting with anonymous cops from T34 w/ GC and JFrecordings of Lt. Janice Williams

1.25

3/1/2011

JPF

Meeting with anonymous cops from T34 w/ GC and JN provided recordings of Lt. Janice Williams

1.25

0.3
0.3
0.9
0.9
0.6

4/12/2011

JLN

Conv w/ JF re AS suspension & our position with NYPD on
same
Phone convo w/JN re suspension issue & our response to
the NYPD

0.3

4/12/2011

JPF

4/18/2011

JLN

Discussion w/ JF & GC re prep of letter re NYPD hearing &
PBA representation

0.3

4/18/2011

JPF

Discussion w/ JN & GC re prep of letter re NYPD hearing &
PBA representation

0.3

4/18/2011

GMC

Discussion w/ JN & JF re prep of letter re NYPD hearing &
PBA representation

0.3

05/06/11

JPF

Read & review the decision & order written disposing of the
motion to dismiss

0.60

05/06/11

GMC

Review of Judge Sweet's opinion re: JHMC motion to
dismiss

0.60

05/09/11

JLN

Meeting with GC and JF re: neccesary disclosures under
Rule 26 for plaintiff

1.75

05/09/11

JPF

Meeting with JN and GC re: neccesary disclosures under
Rule 26 for plaitniff

1.75

05/09/11

GMC

Meeting with JN and JF re: neccesary disclosures under
Rule 26 for plaitniff

1.75

5/10/2011

JLN

Meeting with GC and JF re: edits to Intial disclosures and
discussion regarding requests to admit

1.4

5/10/2011

JPF

Meeting with JN and GC re: edits to Intial disclosures and
discussion regarding requests to admit

1.4

5/10/2011

GMC

Meeting with JN and JF re: edits to intial disclosures and
discussion regarding requests to admit

1.4

5/10/2011

GMC

Review of Initial disclosures and discussion with JF

0.75

5/10/2011

JPF

Review of Intial disclosures and discussion with GC

0.75

5/12/2011

JLN

Discussion w/ GC & JF re agency agreement

0.4

5/12/2011

JPF

Discussion w/ GC & JN re agency agreement

0.4

5/12/2011

GMC

Discussion w/ JF & JN re agency agreement

0.4

5/14/2011

GMC

Meeting with JF reviewing RFA's

2.75

5/14/2011

JPF

2.75

5/15/2011

JLN

Meeting with GC reviewing Requests For Admission's
(RFA's)
Meeting with GC and JF re: edits to RFA's

5/15/2011

JPF

Meeting with JN and GC re: edits to RFA's

1

5/15/2011

GMC

Meeting with JN and JF re: edits to RFA's

1

5/18/2011

GMC

Meeting with JF to discuss documents that must be
requested in our demands

1.1

5/18/2011

JPF

Meeting with GC to discuss documents that must be
requested in our demands

1.1

5/19/2011

JLN

Discuss w/ JF & GC edits & topic areas that should be
explored on interrogatories

1.25

5/19/2011

JPF

Discuss w/ JN & GC edits & topic areas that should be
explored on interrogatories

1.25

0.3

1

5/19/2011

GMC

Discuss w/ JN & JF edits & topic areas that should be
explored on interrogatories

1.25

05/19/11

JLN

E-mail from GC re: additional dep noT/ces to be served

0.10

05/19/11

GMC

Email from JN re: dep notices to be served

0.10

5/20/2011

JLN

1.5

5/20/2011

JPF

5/20/2011

GMC

5/20/2011

GMC

Discussion w/ GC & JF re request to admit
corrections/additions .
Discussion w/ GC & JN re request to admit
corrections/additions
Discussion w/ JF & JN re request to admit
corrections/additions
Discuss interrogatories & discuss EBTs w/ JN & JF

5/20/2011

JLN

Finalize interrogatories & discuss EBTs w/ JF & GC

1.3

5/20/2011

JPF

Finalize interrogatories & discuss EBTs w/ JN & GC

1.3

6/23/2011

JLN

0.6

6/23/2011

JPF

6/23/2011

GMC

6/27/2011

JLN

Discussion with GC & JF re responses & requests from
Isakov
Discussion with GC & JN re responses & requests from
Isacov
Discussion with JF & JN re responses & requests from
lsacov
Discussion with JF and GC re City's failure to respond to
discovery requests

6/27/2011

JPF

Discussion with JN and GC re City's failure to response to
discovery requests

0.3

6/27/2011

GMC

Discussion with JN and JF re City's failure to response to
discovery requests

0.3

7/5/2011

JLN

Review discovery plan w/ JF & GC

0.3

7/5/2011

JPF

Review discovery plan w/ JN & GC

0.3

7/6/2011

JLN

Discussion w/ JF & GC re changing case management plan

0.4

7/6/2011

JPF

0.4

7/6/2011

GMC

7/8/2011

JLN

Discussion w/ JN & GC re changing to case management
plan
Discussion w/ JN & JF re changing to case management
plan
Discussion with GC and JF re: meeting with Jim Leander
and AS about investigation

7/8/2011

JPF

Discussion with GC and JN re: meeting with Jim Leander
and AS about investigation

1.75

7/8/2011

GMC

Discussion with JF and JN re: meeting with Jim Leander and
AS about investigation

1.75

07/09/11

JLN

E-mail from City on relevancy redaction issue

0.10

07/09/11

JLN

E-mail to City re: redaction issue

0.10

7/11/2011

JLN

Final review of discovery plan w/ JF & GC

0.25

7/11/2011

JPF

Final review of discovery plan w/ JN & GC

0.25

7/11/2011

GMC

Final review of discovery plan w/ JN & JF

0.25

7/15/2011

JPF

Meeting with GC an JN re: discovery plan and issues to raise

0.5

7/15/2011

JLN

Meeting with JF an GC re: discovery plan and issues to raise
with defense counsel

0.5

7/15/2011

GMC

Meeting with JF an JN re: discovery plan and issues to raise

0.5

1.5
1.5
1.3

0.6
0.6
0.3

0.4
1.75

07/15/11

JLN

sent GC E-mail re: objections to discovery plan

0.10

07/15/11

GMC

Review of JN email re: objections to discovery plan

0.10

07/18/11

GMC

Review of email by JN to DC re changes

0.10

07/18/11

JLN

Sent draft E-mail to DC re changes for review

0.10

08/10/11

JLN

Review of GC comments to JHMC discovery responses

0.20

08/10/11

GMC

Review of JN comments to JHMC responses

0.25

08/11/11

GMC

Review of Isakov demands

0.25

08/11/11

JLN

Review of responses to Isakov discovery demands

0.40

08/11/11

JPF

Review of responses to Isacov discovery demands

0.90

8/17/2011

JLN

1.25

8/17/2011

JPF

8/17/2011

GMC

9/28/2011

JPF

9/28/2011

GMC

9/28/2011

JLN

9/28/2011

JLN

Discuss confidentiality stip w/ GC & JF b/c of plaintiff's
objections
Discuss confidentiality stip w/ GC & JN b/c of plaintiff's
objections
Discuss confidentiality stip w/ JF & JN b/c of plaintiff's
objections
Discussion w/ JN and GC re law enforcement privilege &
motion to compel
Discussion w/ JN and TF re law enforcement privilege &
motion to compel
Discussion w/ JF re law enforcement privilege & motion to
compel
Attend oral argument on motion to compel

9/28/2011

GMC

Attend oral argument on motion to compel

1

9/28/2011

JPF

Attend oral argumqnt on motion to compel

1

9/28/2011

JLN

Travel to SDNY- motion to compel (.5)

0.25

9/28/2011

GMC

Travel from SDNY- motion to compel (.5)

0.25

9/28/2011

GMC

Travel to SDNY- motion to compel (.5)

0.25

9/28/2011

JPF

Travel from SDNY - motion to compel (.5)

0.25

9/28/2011

JPF

Travel to SDNY - motion to compel (.5)

0.25

09/28/11

JLN

E-mail from JF re law enforcement privilege

0.10

09/28/11

JPF

Email to JN re law enforcement privilege

0.25

09/30/11

JLN

E-mail from all parties re: executed amended discovery plan

0.20

09/30/11

GMC

Email from all parties re: executed amended discovery plan

0.25

12/07/11

GMC

Review of order re: pretrial conference

0.10

12/07/11

JPF

Review order adjourning conf.

0.10

12/19/2011

JLN

Discussion w/ GC & JF re plaintiffs thoughts on discovery &
next steps for moving forward

0.5

12/19/2011

JPF

Discussion w/ GC & JN re plaintiff's thoughts on discovery

0.5

12/19/2011

GMC

Discussion w/ JF & JN re plaintiff's thoughts on discovery

0.5

1/10/2012

JLN

Meeting with AS, JF and GC re: multiples issues in use &
general strategy for moving forward

4.9

1/10/2012

GMC

Meeting with AS, JN and JF

4.9

1/10/2012

JPF

Meeting with AS, JN and GC

4.9

1.25
1.25
1.25
1.25
1.25
1

01/20/12

JLN

Phone call with Adrian and Larry

0.70

01/20/12

GMC

Phone call with Adrian and Larry

0.75

1/24/2012

JLN

Spoke to GC re: AS salary

0.2

1/24/2012

GMC

Spoke to JN re: AS salary

0.25

02/07/12

JLN

Email from GC re: supplemental demands

0.10

02/07/12

GMC

Email from JN re: supplemental demands

0.10

02/07/12

JLN

Review Notice of Appearance for City Defendants

0.10

02/07/12

GMC

Review notice of appearance for City Defendants

0.10

02/07/12

JLN

Reviewed Notice of Apperance by Max Leighton on behalf of
City

0.10

2/8/2012

JPF

0.75

2/8/2012

JLN

2/8/2012

GMC

2/8/2012

JLN

Discussion with GC and JN re: conference and discovery
and stratedgy moving forward
Discussion with JF and GC re: conference and discovery
and strategy for moving forward
Discussion with JF and JN re: conference and discovery and
strategy moving forward
Pre-trial conference before Judge Sweet

2/8/2012

GMC

Pre-trial conference before Judge Sweet

1

2/8/2012

JPF

Pre-trial conference before Judge Sweet

1

2/8/2012

GMC

Travel from SDNY- motion to compel (.5)

0.25

2/8/2012

GMC

Travel to SONY- motion to compel (.5)

0.25

2/8/2012

JPF

Travel from SDNY - motion to compel (.5)

0.25

2/8/2012

JPF

Travel to SDNY - motion to compel (.5)

0.25

02/10/12

GMC

Email from JN re: Cancellation of Adrian and Larry trip to
NYC

0.10

02/10/12

JLN

E-mail to GC re: Cancellation of Adrian and Larry trip to NYC

0.10

02/10/12

GMC

Review of email to Jeremy (Meridian Investigations) re:
subpoena of Schoolcraft records

0.10

02/10/12

JLN

Review of E-mail to Jeremy Steven (investigator) re:
subpoena of Schoolcraft records

0.10

2/10/2012

JLN

Discussion w/ JF & GC re additional items of discovery

1.6

2/10/2012

JPF

Discussion w/ JN & GC re additional items of discovery

1.6

2/10/2012

GMC

Discussion w/ JN & JF re additional items of discovery

1.6

02/10/12

JLN

E-mail to GC re discovery we need to follow up with city

0.20

02/10/12

GMC

Review of email from JN re discovery we need to follow up
with city

0.25

02/10/12

JLN

E-mail to JF re additional items of discovery from City &
subpoenas for Johnstown records

0.20

02/10/12

JPF

E-mail from JN re additional items of discovery from City &
subpoenas for Johnstown records

0.25

0.75
0.75
1

02/10/12

GMC

Email from JN re: Cancellation of Adrian and Larry trip to
NYC

0.10

02/10/12

JLN

E-mail to GC re: Cancellation of Adrian and Larry trip to NYC

0.10

2/13/2012

JLN

Review of final supplemental discovery demands for NYC

0.3

2/13/2012

GMC

Review of final supplemental discovery demands for NYC

0.3

02/24/12

JLN

Review of E-mail correspondence w/Chris Dunn (NYCLU)

0.20

02/24/12

GMC

Review of email correspondence w/Chris Dunn

0.25

2/27/2012

JPF

0.75

2/27/2012

JLN

2/27/2012

GMC

02/27/12

GMC

Meeting with GC and JN re: documents received from
Johnstown PD for plaintiff's subpoena
Meeting with JF and GC re: documents received from
Johnstown PD for plaintiff's subpoena
Meeting with JF and JN re: documents received from
Johnstown PD for plaintiff's subpoena
Review of subpoena response from Johstown PD

02/27/12

JLN

Review of subpoena response from Johstown PD

1.00

03/07/12

JPF

Email from GC re: conversation with Larry and Adrian

0.10

03/07/12

GMC

Email to JN an JF re: conversation with Larry and Adrian

0.10

03/07/12

GMC

Review of NOA by Suzanna Publicker ("SP")

0.10

03/07/12

JLN

Reviewed Notice of Appearance by Suzanna Publicker on
behalf of City

0.10

3/7/2012

JLN

Discussed adding 1st Amendment claim with JF and GC

0.25

3/7/2012

JPF

Discussed adding 1st amendment claim with JN and GC

0.25

3/7/2012

GMC

Discussed adding 1st amendment claim with JN and JF

0.25

3/8/2012

JLN

0.75

3/8/2012

JPF

3/8/2012

GMC

3/9/2012

JLN

3/9/2012

JPF

3/9/2012

GMC

03/12/12

JPF

Discussion with JF & GC re Voice article and the confidential
report
Discussion with JN & GC re VV article and the confidential
report
Discussion with JN & JF re VV article and the confidential
report
Discussion with JF & GC re reinstating 1st Amendment
claims in this case based on Garcetti & actions after the fact
Discussion with JN & GC re reinstating 1st Amendment
claims in this case based on Carcetti & actions after the fact
Discussion with JF & JN re reinstating 1st Amendment
claims in this case based on Garcetti & actions after the fact
Email from JN re corrections

03/12/12

JLN

E-mail to JF re corrections to motion to reinstate

0.10

3/12/2012

JLN

Meeting with JF & GC re letter from City

0.6

3/12/2012

JPF

Meeting with JN & GC re letter from City

0.6

3/12/2012

GMC

Meeting with JN & JF re letter from City

0.6

03/12/12

JLN

Read/review of letter from defendant City on breach of
confidentiality stip

0.20

03/12/12

JPF

Read/review of letter from defendant City on breach of
confidentiality stip

0.40

0.75
0.75
0.75

0.75
0.75
1.25
1.25
1.25
0.10

03/12/12

GMC

Review & edit response to City's letter re protective order

0.25

03/12/12

JLN

Revised & edited response to City's letter re protective order

0.25

03/12/12

JPF

Review & edit response to City's letter re protective order

0.40

03/13/12

GMC

Email from PBS producer Weinrich on documentary of
Schoolcraft

0.10

03/13/12

JPF

Email from PBS producer Weinrich on documentary of
Schoolcraft

0.10

03/14/12

JLN

Review of NY Times article on Schoolcraft

0.10

03/14/12

GMC

Review of NY Times article on Schoolcraft

0.10

03/14/12

JPF

Email to JN with proposed Amended Complaint

0.10

03/14/12

JLN

E-mail from JF with proposed amended complaint

0.10

03/14/12

GMC

Email correspondence w/Nic re docs in connection w/
Schoolcraft meeting

0.25

03/14/12

JPF

Email from Nic re doc in connection w/ Schoolcraft meeting

0.10

3/15/2012

JLN

Meeting with JF and GC re proposed amended complaint

0.6

3/15/2012

JPF

Meeting with JN and GC re proposed Amended Complaint

0.6

3/15/2012

GMC

Meeting with JN and JF re proposed Amended Complaint

0.6

3/19/2012

JLN

Discussions w/ JF re amended complaint

0.5

3/19/2012

JPF

Disucssion w/ JN re corrections Amended Complaint

0.5

03/21/12

JPF

Review of NY Times Ietter to court re confidentiality

0.40

03/21/12

GMC

Review of NY Times motion to unseal Schoolcraft records

0.40

3/22/2012

JLN

Final edits on amended complaint w/ JF

0.25

3/22/2012

JPF

Final edits on Amended Complaint w/ JN

0.25

3/28/2012

JLN

0.5

3/28/2012

JPF

3/28/2012

GMC

3/28/2012

JLN

Discussion with JF and GC re: court's order on City's motion
for breach of confidentiality agreement
Discussion with JN and GC re: court's order on City's motion
for breach of confidentiality agreement
Discussion with JN and JF re: court's order on City's motion
for breach of confidentiality agreement
Meeting w/ JF & GC prior to upcoming conference to prep

3/28/2012

JPF

Meeting w/ JN & GC prior to conference to prep

0.4

3/28/2012

GMC

Meeting w/ JN & JF prior to conference to prep

0.4

3/28/2012

JPF

Attend oral Argument on City motion

1

3/28/2012

JLN

Oral Argument on City motion

1

3/28/2012

GMC

Oral Argument on City motion

3/28/2012

GMC

Travel from SDNY for Oral Argument on City motion (.5)

0.25

3/28/2012

GMC

Travel to SDNY for Oral Argument on City motion (.5)

0.25

3/28/2012

JPF

Travel from SDNY for Oral Argument on City motion (.5)

0.25

3/28/2012

JPF

Travel to SDNY for Oral Argument on City motion (.5)

0.25

3/29/2012

JLN

3/29/2012

GMC

Revised and help draft proposed AEO stip w/ GC and JF for
City
Revised and help draft proposed AEO stip w/JN and JF for
City

0.5
0.5
0.4

1

0.8
0.8

3/29/2012

JPF
GMC

Revised and help draft prqposed AEO stip w/JN and GC for
City
Emailed proposed AEO stip to the City

03/30/12

0.8
0.10

03/30/12

JLN

E-mailed proposed AEO stip to the City

0.10

3/30/2012

JLN

0.6

3/30/2012

JPF

3/30/2012

GMC

3/30/2012

JLN

Discussion with GC and JF re: filing motion to amend and
discovery issues
Discussion with JN and GC re: filing motion to amend and
discovery issues
Discussion with JN and JF re: filing motion to amend and
discovery issues
Meeting w/ JF & GC re AEO changes

3/30/2012

JPF

Meeting w/ JN & GC re AEO changes

0.6

3/30/2012

GMC

Meeting w/ JN & JF re AEO changes

0.6

3/30/2012

GMC

Final review of proposed AEO stip

0.3

3/30/2012

JLN

Final review ofproposed AEO stip

03/30/12

JPF

Email from City re IAB docs & extending time to produce

0.25

03/30/12

JLN

E-mail from City re: IAB docs and extending time to produce

0.10

04/02/12

JPF

Email from Bernier consenting to amendment

0.10

04/02/12

JLN

E-mail from Bernier consenting to amendment

0.10

04/02/12

JPF

Email from Isacov consenting to amendment

0.10

04/02/12

JLN

E-mail from Isakov consenting to amendment

0.10

04/04/12

JPF

Email from JHMC

0.10

04/04/12

JPF

Email from JHMC

0.10

04/04/12

JPF

Email to JHMC

0.10

04/04/12

JPF

Email from JHMC re change in amended language

0.10

04/04/12

JLN

E-mail from JHMC regarding change in amended language

0.10

04/04/12

JPF

Email to City re updated version of proposed Amended
Complaint

0.10

04/05/12

JLN

E-mail from City stating reasons why they oppose
amendment to complaint

0.10

4/5/2012

JLN

4/5/2012

GMC

4/5/2012

JPF

04/05/12

JPF

Review & discuss w/ JF & GC plaintiff's responses to City
demands
Review & discuss w/ JN & JF plaintiff's responses to City
demands
Review and discuss w/ JN & GC plaintiff's responses to City
demands
Email from City stating reasons why they oppose
amendment to Complaint

04/05/12

JLN

E-mail from City stating reasons why they oppose
amendment to complaint

0.10

04/09/12

JLN

E-mail correspondence w/GC re: discovery responses

0.10

04/09/12

GMC

Email correspondence w/JN re: discovery responses

0.10

04/10/12

GMC

Email re: Schoolcraft arrival to NYC

0.10

04/10/12

JLN

E-mail re: Schoolcraft arrival to NYC

0.10

0.5
0.5
0.6

0.3

0.8
0.8
0.8
0.25

4/10/2012

JLN

4.6

GMC

Meeting w/ AS re: case status general strategy next steps for
moving forward
Meeting w/ AS

4/10/2012
4/10/2012

JPF

Meeting w/ AS

4.6

04/13/12

GMC

Email from plaintiff re 1st Amendment claim

0.10

04/13/12

JPF

Email from plaintiff re 1st Amendment claim

0.10

04/13/12

JLN

E-mail from plaintiff re 1st Amendment claim

0.10

4/13/2012

JLN

Discussion with GC and JF re: Matthews decision

0.6

4/13/2012

JPF

Discussion with JN and GC re: Matthews decision

0.6

4/13/2012

GMC

Discussion with JN and JF re: Matthews decision

04/13/12

JPF

Review of Decision in Matthews 1st Amendment case from
Judge Jones

0.60

04/13/12

GMC

Review of Matthews decision

0.60

04/19/12

JPF

Email correspondence to City correcting Lt. Gough for
Amended complaint

0.10

04/24/12

GMC

Email correspondence to City correcting Lt. Gough for
Amended Complaint

0.10

04/25/12

JPF

Email from City on Vallone subpoena extension

0.10

04/25/12

GMC

Email from City re: Vallone and Vans subpoenas

0.10

4/25/2012

JLN

Discussion with re: edits/changes to 1st Amendment letter

0.75

4/25/2012

JPF

0.75

04/30/12

JLN

Discussion with JN re: edits/changes to 1st Amendment
letter
E-mail from JF to City re additions to protective order

04/30/12

JPF

Email from JN to City re additions to protective order

0.10

4/30/2012

JLN

Discussion w/ JF re NY Times alteration to protective order

0.3

4/30/2012

JPF

0.3

4/30/2012

GMC

5/1/2012

JLN

5/1/2012

JPF

5/1/2012

GMC

05/02/12

JPF

Discussion w/ JN and GC re NY Times alteration to
protective order
Discussion w/ JN and JF re NY Times alteration to protective
order
Discussions w/ JF re City's request for affidavits & deposition
for confidentiality breach
Discussions w/ JN and GC re City's request for affidavits &
deposition for confidentiality breach
Discussions w/ JN and JF re City's request for affidavits &
deposition for confidentiality breach
Email from JN to City re confidentiality and discovery issues

0.10

05/02/12

JLN

E-mail to JF to City re confidentiality and discovery issues

0.10

5/3/2012

JLN

Discussion w/ GC & JF re Affidavits and Conf. Stip AEO

0.75

5/3/2012

JPF

Discussion w/ GC & JN re Affidavits and conf. stip AEO

0.75

5/3/2012

GMC

Discussion w/ JF & JN re Affidavits and conf. stip AEO

0.75

5/8/2012

JLN

5/8/2012

JPF

5/8/2012

GMC

Discussion w/ JF and GC re argument on 1st Amendment
claim
Discussion w/ JN and GC re argument on 1st Amendment
claim
Discussion w/ JN and JF re argument on 1st Amendment
claim

4.6

0.6

0.10

0.3
0.4
0.4
0.4

0.6
0.6
0.6

5/9/2012

JLN

Attended Argument on 1st Amendment claim

1

5/9/2012

JPF

Attended Argument on 1st Amendment claim

1

5/9/2012

GMC

Attended Oral Argument on 1st Amendment claim

1

5/9/2012

GMC

0.25

5/9/2012

GMC

Travel from SDNY for Argument on 1st Amendment claim
(.5)
Travel to SDNY for Argument on 1st Amendment claim (.5)

5/9/2012

JPF

0.25

5/9/2012

JPF

Travel from SDNY for Argument on 1st Amendment claim
(.5)
Travel to SDNY for Argument on lst Amendment claim (.5)

05/11/12

JPF

Read and review of defendant's letter to quash and
discussion w/ GC & JN

2.10

05/11/12

GMC

Read and review of defendant's letter to quash and
discussion w/ JF & JN

2.10

05/11/12

JLN

Read defendant's motion to quash and discussion w/ GC &
JF re: same

2.10

5/16/2012

JLN

5/16/2012

JPF

5/16/2012

GMC

05/17/12

GMC

Discussion w/ JF and GC re opp to defendant's motion to
quash
Discussion w/ JN and GC re opp to defendant's motion to
quash
Discussion w/ JN and JF re opp to defendant's motion to
quash
Review and discuss City New York Times opp Jetter w/ JN &
JF

05/17/12

JLN

Review and discuss City New York Times opp letter w/ JF &
GC

0.40

05/17/12

JPF

Review and discuss City New York Times opp letter w/ JN &
GC

0.40

05/17/12

JLN

Discussion w/GC and JF re: AS breach affidavit

0.70

05/17/12

JPF

Discussion w/JN and GC re: AS breach affidavit

0.75

05/17/12

GMC

Discussion w/JN and JF re: AS breach affidavit

0.75

5/22/2012

JLN

0.6

5/22/2012

JPF

5/22/2012

GMC

5/23/2012

JPF

Discussion w/ JF & GC re defendant's letter re Vallone
subpoena
Discussion w/ JN & GC re defendant's letter re Vallone
subpoena
Discussion w/ JN & JF re defendant's letter re Vallone
subpoena
Discussion w/ JN & GC re: defendant's letter re subpoena

5/23/2012

GMC

Discussion w/ JN & JF re defendant's letter re subpoena

0.6

5/23/2012

JPF

Prep for argument w/ GC & JN

1

5/23/2012

JLN

Prep for argument w/ JF & GC

1

5/23/2012

GMC

Prep for argument w/ JF & JN

1

5/23/2012

GMC

Travel from SDNY for motion to quash (.5)

0.25

5/23/2012

GMC

Travel to SDNY for motion to quash (.5)

0.25

05/24/12

GMC

Review of NOA-Walter Kretz ("WK")

0.10

0.25

0.25

0.6
0.6
0.6
0.40

0.6
0.6
0.6

05/24/12

JLN

Notice of Appearance by Walter Kretz, behalf of Mauriello;
Google search re: Kretz

0.20

5/25/2012

JPF

Read and review NY Times response to Pubichas letter

0.25

5/25/2012

GMC

Read and review NY Times response to SP letter

0.25

5/31/2012

JPF

Meeting w/JN and GC re: City conf. Stips

0.9

5/31/2012

GMC

Meeting w/JN and JF re: City conf. Stips

0.9

06/04/12

JPF

Letter from Kretz re discovery

0.10

06/04/12

GMC

Review of WK correspondence re: discovery

0.10

06/05/12

GMC

Review of email correspondence between SP and Times

0.10

06/05/12

JLN

Review of E-mail correspondence between SP and Times

0.10

06/06/12

JPF

Email from defendants re inventory

0.10

06/06/12

GMC

Review of email correspondence between SP and Times

0.10

06/06/12

JLN

Review of E-mail correspondence between SP and Times

0.10

06/07/12

GMC

Review of email correspondence between SP and Times

0.10

06/07/12

JLN

E-mail exchange w/GC re: changes to AEO stip

0.10

06/07/12

JPF

Email from NY Times re inventory

0.10

06/08/12

JLN

E-mail from GC to SP re: redlined changes to proposed Stip.

0.10

06/08/12

JPF

Email from Lee re docs in response to subpoenas
outstanding

0.10

06/08/12

GMC

Email re: subpoenaed docs

0.10

06/08/12

GMC

Emailed stip to SP with revisions in track changes

0.10

06/08/12

JPF

Read and review of Times letter re inventory

0.10

06/08/12

JLN

Read ltr from NYT counsel re: inventory of confidential
materials for

0.10

06/08/12

GMC

Review of correspondence with NY Times and SP re:
Schoolcraft materials

0.10

6/14/2012

JLN

0.75

6/14/2012

JPF

6/14/2012

GMC

6/19/2012

GMC

Meet with GC and JF to discuss motion for reconsideration
on 1st amendment claim
Meet with JN and GC to discuss motion for reconsideration
on 1st amendment claim
Meet with JN and JF to discuss motion for reconsideration
on 1st amendment claim
Meeting w/ Schoolcraft in Johnstown

6/19/2012

JLN

Meeting with Schoolcraft in Johnstown

4.8

6/19/2012

JPF

Meeting w/ Schoolcraft in Johnstown

4.8

6/19/2012

GMC

Travel to Johnstown (3.5)

1.75

6/19/2012

JLN

Travel to Johnstown (3.5)

1.75

6/19/2012

JPF

Travel to Johnstown (3.5)

1.75

6/19/2012

JLN

Travel back to NYC from Johnstown (3.5)

1.75

6/19/2012

JPF

Travel back to NYC from Johnstown (3.5)

1.75

6/19/2012

GMC

Travel back to NYC from Johnstown (3.5)

1.75

06/21/12

GMC

Email correspondence w/JN and JF re Schoolcraft issues

0.25

0.75
0.75
4.8

06/21/12

JLN

E-mail correspondence w/GC and JF re Schoolcraft

0.20

07/09/12

JPF

Email from City on relevancy redaction issue

0.10

07/09/12

JPF

Email to City re redaction issue

0.10

07/13/12

JPF

Email from City regarding tax return authorizations

0.10

07/13/12

JLN

E-mail from City regarding tax return authorizations

0.10

07/17/12

JLN

E-mail w/GC re: upcoming meeting in Albany with
Schoolcrafts

0.10

07/17/12

GMC

Email w/JN re: meeting in Albany with Schoolcrafts

0.10

7/23/2012

JLN

0.3

7/23/2012

JPF

Discussion w/ GC & JF re: upcoming meeting w/
Schoolcrafts in Albany
Discussion w/ GC & JN re meeting w/ Schoolcrafts in Albany

7/23/2012

GMC

Discussion w/ JF & JN re meeting w/ Schoolcrafts in Albany

0.3

07/24/12

JLN

E-mail from JF re Albany meeting w/ Schoolcrafts

0.10

07/24/12

JPF

Email to JN re Albany meeting w/ Schoolcrafts

0.10

7/28/2012

JLN

0.6

7/28/2012

JPF

7/28/2012

GMC

8/8/2012

JLN

8/8/2012

JPF

Discussion w/ JF & GC re motion to amend to add prior
restraint
Discussion w/ JN & GC re motion to amend to add prior
restraint
Discussion w/ JN & JF re motion to amend to add prior
restraint
Meeting w/ JF & GC re: upcoming meeting w/ AS in Albany
for prep
Meeting w/ JN & GC re meeting w/ AS in Albany for prep

8/8/2012

GMC

Meeting w/ JN & JF re meeting w/ AS in Albany for prep

1.3

8/8/2012

JLN

Review of final stips

0.5

8/8/2012

GMC

Review of final stips

0.5

08/08/12

JLN

Printed out docs to go over with Adrian

0.20

08/08/12

GMC

Printed out docs to go over with Adrian

0.25

8/9/2012

GMC

Meeting w/AS in Albany

5.75

8/9/2012

JLN

Meeting w/AS in Albany

5.75

8/9/2012

JPF

Meeting w/ AS in Albany

5.75

08/09/12

JLN

Meeting with Client in Albany with GC & JF

5.50

8/9/2012

JLN

Traveled from Albany back to NYC (3.0)

1.5

8/9/2012

GMC

Traveled from Albany back to NYC (3.0)

1.5

8/9/2012

JPF

Traveled from Albany back to NYC (3.0)

1.5

8/9/2012

JLN

Traveled to Albany to meet Client (3.0)

1.5

8/9/2012

GMC

Traveled to Albany to meet Client (3.0)

1.5

8/9/2012

JPF

Traveled to Albany to meet Client (3.0)

08/10/12

JLN

E-mail from JF re extension of discovery

0.10

08/10/12

JPF

Email from JN re extension of discovery

0.10

08/10/12

JLN

E-mail to JF re extension of discovery

0.10

08/10/12

JPF

Email from JN re plaintiff's dep

0.10

08/10/12

JLN

E-mail to JF re plaintiff's dep

0.10

0.3

0.6
0.6
1.3
1.3

1.5

08/10/12

JLN

E-mail w/GC re Schoolcraft breach affidavit

0.10

08/10/12

GMC

Email w/JN re Schoolcraft breach affidavit

0.10

08/10/12

JPF

Response email re deposition from Greg R.

0.10

08/10/12

JLN

Response E-mail regarding deposition from Greg R.

0.10

08/10/12

JLN

E-mail correspondence re: extension of discovery

0.20

08/10/12

GMC

Email correspondence re: extension of disco

0.25

08/13/12

JPF

Email from Brian Lee re deposition

0.10

08/13/12

JLN

E-mail from Brian Lee regarding deposition

0.10

08/13/12

GMC

Review of email from SP re: scheduling AS depo

0.10

08/13/12

JLN

Review of E-mail from SP re: scheduling AS depo

0.10

08/14/12

JPF

Email from Brady re deps

0.10

08/14/12

JLN

E-mail from Brady re deps

0.10

08/14/12

JLN

E-mail from JF re letter to City w/ tax authorizations

0.10

08/14/12

JPF

Email from JN re letter to City w/ tax authorizations

0.10

08/14/12

JPF

Email from JN re plaintiff's dep

0.10

08/14/12

JLN

E-mail to JF re plaintiff's dep

0.10

08/14/12

JLN

Review of correspondence re Tax returns

0.10

08/14/12

GMC

Review of correspondence re Tax returns

0.10

08/14/12

JLN

Drafted letter to defense counsel re: Schoolcraft tax returns

0.10

08/15/12

GMC

Email correspondence re: Schoolcraft deposition

0.10

08/15/12

JPF

Email from B Brady re plaintiff's dep

0.10

08/15/12

JLN

E-mail from B Brady re plaintiff's dep

0.10

08/15/12

JLN

E-mail from B. Lee re plaintiff's dep

0.10

08/15/12

JPF

Email from B: Lee re plaintiff's dep

0.10

08/15/12

JPF

Email from Brian Lee re subpoenaed docs

0.10

08/15/12

JLN

E-mail from Brian Lee re subpoenaed docs

0.10

08/16/12

JPF

Email from City re plaintiff's dep

0.10

08/16/12

JLN

E-mail from City re plaintiff's dep

0.10

08/16/12

JPF

Email from JN re plaintiff's dep

0.10

08/16/12

JLN

E-mail to JF re plaintiff's dep

0.10

8/16/2012

JLN

8/16/2012

JPF

8/16/2012

GMC

08/20/12

JLN

Discussion w/ JF & GC re City's suggestion on multiple deps
of AS & best way to oppose same.
Discussion w/ JN & GC re City's suggestion on multiple
dates for deps
Discussion w/ JN & JF re City's suggestion on multiple dates
for deps
Review of E-mail from JF to City re amendment adding Lt.
Hanlon

08/20/12

JPF

Review of email from JN to City re amendment adding
Hanlon

8/20/2012

JLN

Discussion w/ JF & GC re amendment of the complaint to
add Lt. Hanlon

0.7
0.75
0.75
0.10
0.10
0.6

8/20/2012

JPF

0.6

JLN

Discussion w/ JN & GC re additional amendment of the
complaint to add Hanlon
Discussion w/ JN & JF re additional amendment of the
complaint to add Hanlon
Discussion w/ JF re AS dep prep

8/20/2012

GMC

8/20/2012
8/20/2012

JPF

Discussion w/ JN re AS dep prep

0.4

08/21/12

GMC

Email from Brady consenting to Amendment

0.10

08/21/12

JPF

Email from Brady consenting to Amendment

0.10

08/21/12

JLN

E-mail from Brady consenting to Amendment

0.10

08/21/12

GMC

Email from Brady re scheduling AS dep

0.10

08/21/12

JPF

Email from Brady re scheduling AS dep

0.10

08/21/12

JLN

E-mail from Brady re scheduling AS dep

0.10

08/21/12

GMC

Email from City requesting copy of complaint

0.10

08/21/12

JPF

Email from City requesting copy of complaint

0.10

08/21/12

JLN

E-mail from City requesting copy of complaint

0.10

08/21/12

GMC

Email from Lee consenting

0.10

08/21/12

JPF

Email from Lee consenting

0.10

08/21/12

GMC

Email from Lee re scheduling AS dep

0.10

08/21/12

JPF

Email from Lee re scheduling AS dep

0.10

08/21/12

GMC

Email to City w/ Amended Complaint

0.10

08/21/12

JPF

Email to City w/ Amended Complaint

0.10

08/22/12

GMC

Email from City re AS dep date

0.10

08/22/12

JPF

Email from City re AS dep date

0.10

08/22/12

JLN

E-mail from City re AS dep date

0.10

08/22/12

JLN

E-mail from GC re dep dates

0.10

08/22/12

GMC

Email from Greg Rad re AS dep

0.10

08/22/12

JPF

Email from Greg Rad re AS dep

0.10

08/22/12

GMC

Email from JN re dep dates

0.10

08/22/12

JPF

Email from JN re dep dates

0.10

08/22/12

GMC

Email from Kretz re AS dep date

0.10

08/22/12

JPF

Email from Kretz re AS dep date

0.10

08/22/12

GMC

Email from Lee re AS dep date

0.10

08/22/12

JPF

Email from Lee re AS dep datr

0.10

8/22/2012

JLN

8/22/2012

JPF

8/22/2012

GMC

08/23/12

GMC

Meeting w/ GC & JF re Kretz's request to have an additional
day to depose plaintiff
Meeting w/ GC & JN re Kretz's request to have an additional
day to depose plaintiff
Meeting w/ JF & JN re Kretz's request to have an additional
day to depose plaintiff
Email from Brady re plaintiff's dep date

0.10

08/23/12

JPF

Email from Brady re plaintiff's dep date

0.10

08/23/12

GMC

Email from Lee on plaintiff's dep dates

0.10

0.6
0.4

0.4
0.4
0.4

08/23/12

JPF

Email from Lee on plaintiff's dep dates

0.10

08/23/12

GMC

Email from Lee re second day for AS dep

0.10

08/23/12

JPF

Email from Lee re second day for AS dep

0.10

08/28/12

JLN

E-mail from GC re Chief article

0.10

08/28/12

JPF

Email from GC re Chief article

0.10

08/28/12

GMC

Email JN and JF re Chief article

0.10

08/28/12

JLN

E-mail from JF to defendants enclosing responses to
discovery

0.10

08/28/12

GMC

Email from JN to defendants enclosing responses to
discovery

0.10

08/28/12

JPF

Email from JN to defendants enclosing responses to
discovery

0.10

08/29/12

JPF

Email 2 & 3 froin JN re discovery to defendants

0.10

08/29/12

GMC

Email 2 & 3 from JN re discovery to defendants

0.10

08/29/12

GMC

Email from JN to defendants enclosing discovery

0.10

08/29/12

JPF

Email from JN to defendants enclosing discovery

0.10

8/29/2012

GMC

Meeting w/ JF & JN re: City's Suppl. Disclosure & the need
for us to depose at least 5 of the 9 new witnesses identified
by City & other gen. strategy issues for advancing discovery

0.8

8/29/2012

JPF

Meeting. w/ JN & GC re: City's Suppl. Disclosure & the need
for us to depose at least 5 of the 9 new witnesses identifìed
by City & other gen.strategy issues for advancing discovery

0.8

8/29/2012

JLN

Mtg. w/ JF & GC re: City's Suppl. Disclosure & the need for
us to depose at least 5 of the 9 new witnesses identified by
City & other gen.strategy issues for advancing discovery

0.8

09/10/12

JLN

E-mail from GC re 120 day extension of discovery deadline

0.10

09/10/12

JLN

E-mail from JF re 120 extension of discovery deadline

0.10

09/10/12

GMC

Email from JN re 120 day extension of discovery

0.10

09/10/12

JPF

Email from JN re 120 extension of discovery

0.10

09/10/12

JLN

E-mail to JF re 120 extension of discovery deadline

0.10

09/10/12

GMC

Email response from Brady

0.10

09/10/12

JPF

Email response from Brady

0.10

09/10/12

GMC

Email response from City

0.10

09/10/12

JPF

Email response from City

0.10

09/10/12

GMC

Email response from Greg Rad

0.10

09/10/12

JPF

Email response from Greg Rad

0.10

09/10/12

GMC

Email response from Kretz

0.10

09/10/12

JPF

Email response from Kretz

0.10

09/10/12

GMC

Email response from Lee

0.10

09/10/12

JPF

Email response from Lee

0.10

09/10/12

GMC

Email to City re Hanlon amend

0.10

09/10/12

JPF

Email to City re Hanlon amend

0.10

09/10/12

GMC

Response from City on Hanlon amend

0.10

09/10/12

JPF

Response from City on Hanlon amend

0.10

09/10/12

JLN

Response from City on Hanlon amend; notes re: same

0.10

09/10/12

GMC

Read and review Opinion & Order from Sweet on plaintiff's
motion to amend

0.75

09/10/12

JPF

Read and review Opinion & Order from Sweet on plaintiff's
motion to amend

1.25

09/24/12

JPF

Email from City

0.10

09/24/12

JLN

E-mail from City re: amended complaint

0.10

09/24/12

JLN

E-mail response from Kretz

0.10

09/24/12

JPF

Email response to Kretz & City

0.10

09/24/12

JLN

E-mail response to Kretz & City

0.10

09/24/12

JPF

Email to defendants re service of amended complaint

0.10

09/24/12

JLN

E-mail to defendants re service of amended complaint

0.10

09/24/12

JPF

Response from B Lee

0.10

09/24/12

JPF

Response from Greg R

0.10

09/24/12

JPF

Response from Kretz

0.10

09/24/12

JPF

Response from Kretz

0.10

9/24/2012

JLN

1.75

9/24/2012

JPF

9/24/2012

GMC

09/24/12

GMC

Meeting w/GC and JF to discuss City deficiency letter and
AS dep prep
Meeting w/JN and GC to discuss City deficiency letter and
AS dep prep
Meeting w/JN and JF to discuss City deficiency letter and AS
dep prep
Email from City re service of amended complaint,
Lauderborn dep, & discovery deficiencies

09/24/12

JPF

Email from City re service of amended complaint,
Lauderborn dep, & discovery deficiencies

0.50

09/25/12

JPF

Email from Greg R re Lauderborn dep

0.10

09/25/12

JLN

E-mail from Greg R re Lauterborn dep

0.10

9/25/2012

JLN

Meeting w/ AS & GC & JF re dep prep

2.9

9/25/2012

JPF

Meeting w/ AS & GC & JN re dep prep

2.9

9/25/2012

GMC

Meeting w/ AS & JF & JN re dep prep

2.9

9/25/2012

JLN

Prep AS for his dep

3.5

9/25/2012

GMC

Prep AS for his dep

3.5

09/26/12

GMC

Brady email re: service of process

0.10

09/26/12

JLN

Brady E-mail re: service of process

0.10

09/26/12

JLN

E-mail from JF adjourning dep of AS

0.10

09/26/12

JPF

Email from JN adjourning dep of AS re: medical issues he
was having

0.10

09/26/12

JPF

Email from Kretz re Launderborn dep

0.10

09/26/12

JLN

E-mail from Kretz re Lauterborn dep

0.10

1.75
1.75
0.50

09/26/12

JPF

Response email from B Brady re service of amended
complaint

0.10

09/26/12

JPF

Response from B Lee

0.10

09/26/12

JLN

Response from B Lee re: adj.

0.10

09/26/12

JPF

Response from Kretz

0.10

09/26/12

JLN

Response from Kretz re: adj.

0.10

09/26/12

JLN

Review of E-mail from GC adjourning AS dep

0.10

09/26/12

GMC

Review of email from JN adjourning AS dep

0.10

09/26/12

JLN

E-mail to JF adjourning dep of AS

0.10

9/26/2012

JLN

9/26/2012

JPF

9/26/2012

GMC

09/27/12

JPF

Meeting w/ JF & GC & AS re adjorning dep due to father's
medical emergency
Meeting w/ JN & GC & AS re adjorning dep due to father's
medical emergency
Meeting w/ JN & JF & AS re adjorning dep due to father's
medical emergency
Response from City

0.10

09/27/12

JPF

Response from Greg R

0.10

10/11/2012

JLN

Meeting with JF, GC, AS before depo

0.5

10/11/2012

GMC

Meeting with JN, JF, AS before depo

0.5

10/11/2012

JPF

Meeting with JN, GC, AS before depo

0.5

10/12/12

JPF

Email from JN re photos used @ AS dep

0.10

10/12/12

JLN

E-mail to JF re photos used at AS dep

0.10

10/12/12

JPF

Email from JN to City re allowing AS access to QAD report

0.10

10/12/12

JLN

Email to JF to City re allowing AS access to QAD
report

0.10

10/15/2012

JPF

1.2

10/15/2012

GMC

10/15/2012

JLN

10/17/2012

JLN

10/17/2012

JPF

10/17/2012

GMC

10/17/2012

JPF

Meeting w/JN & GC re: Marino's IAB interview &
inconsitencies w/claims in UF 49 & Halloween Night
recording
Meeting w/JN & JF re: Marino's IAB interview &
inconsitencies w/claims in UF 49 & Halloween Night
recording
Mtg w/GC & JF re: Marino's IAB interview & inconsistencies
w/claims in UF 49 & Halloween Night recording
Dicussion w/ GC & JF re City's refusal to allow AS to see
QAD file
Dicussion w/ GC & JN re City's refusal to allow AS to see
QAD file
Dicussion w/ JF & JN re City's refusal to allow AS to see
QAD file
Meeting w/JN & GC re: City's privilege claims and possible
arguments/motions to defeat such claims highlights of
Lauterborn interview & inconsistencies w/ Marino & home
invasion recording

10/17/2012

GMC

Meeting w/JN & JF re: City's privilege claims and possible
arguments/motions to defeat such claims highlights of
Lauterborn interview & inconsistencies w/Marino & home
invasion recording

3.3

0.6
0.6
0.6

1.2
1.2
0.4
0.4
0.4
3.3

10/17/2012

JLN

Mtg w/JF & GC re: City's privilege claims and possible
arguments/motions to defeat such claims highlights of
Lauterbom interview & inconsistencies w/Marino & home
invasion recording
Review of email from B Lee asking that plaintiff withdraw opp
to extra day of dep for AS

3.3

10/18/12

GMC

10/18/12

JPF

Review of email from B Lee asking that plaintiff withdraw opp
to extra day of dep for AS

0.10

10/18/2012

GMC

1.2

10/18/2012

JPF

10/18/2012

JLN

10/20/2012

GMC

10/20/2012

JLN

10/24/2012

GMC

Meeting w/JF & JN re: City's Deliberative Process and Grand
Jury privilege claims and best strategy for defeating same.
Meeting w/JN & GC re: City's Deliberative Process and
Grand Jury privilege claims and best strategy for defeating
same.
Mtg w/JF & GC re: City's Deliberative Process and Grand
Jury privilege claims and best strategy for defeating same.
Phone call w/JN & JF re: P.O. Nowacki acknowledging quota
(15 c's per month) at 81 & possibly serving non-party
subpoeana on her for dep and discovering other possible w's
at 81 re summons quota
T/c w/GC & JF re: P.O. Nowacki acknowledging quota (15
c's per month) at 81 & possibly serving non-party subpoeana
on her for dep and discovering other possible w's at 81 re
summons quota
Travel from SDNY for conference re: trial date (.5)

0.25

10/24/2012

GMC

Travel from SDNY for conference re: trial date (.5)

0.25

11/02/12

GMC

Email from JN re: Schoolcraft phone numbers

0.10

11/02/12

JLN

E-mail to GC re: Schoolcraft phone numbers

0.10

11/2/2012

GMC

11/2/2012

JLN

11/07/12

JLN

Review of case law sent by Lee re: medical defendants
liability
Review of case law sent by Lee re: medical defendants'
liability
E-mail w/ GC re: service of newly named defendants

0.10

11/07/12

GMC

Email w/JN re: service of newly named defendants

0.10

11/7/2012

GMC

Travel from SDNY for conference re: trial date (.5)

0.25

11/7/2012

GMC

Travel from SDNY for conference re: trial date (.5)

0.25

11/13/12

GMC

Correspondence from City re rep of AS

0.10

11/13/12

JPF

Correspondence from City re rep of AS

0.10

01/23/15

JPF

Call w/GC and JN about taking over case again

0.80

01/23/15

GMC

Call w/JN and JF about taking over case again

0.80

01/23/15

JLN

F/u call w/GC and JF about taking over case again

0.80

02/02/15

JPF

Discussion w/ GC & JN re representing AS again for trial

1.30

02/02/15

GMC

Discussion w/ JF & JN re representing AS again for trial

1.30

02/02/15

JLN

Further discussion w/ GC & JF rejoining team to represent
AS for trial

1.30

02/04/15

JLN

Discussion w/ JF & GC re scheduling a meeting w/ Nat
Smith ("NS") to discuss case status and trial prep

0.25

0.10

1.2
1.2
0.9

0.9

0.4
0.4

02/04/15

JPF

Discussion w/ JN & GC re scheduling a meeting w/ Nat
Smith ("NS") to discuss case status and trial prep

0.25

02/04/15

GMC

Discussion w/ JN & JF re scheduling a meeting w/ NS to
discuss case status and trial prep

0.25

02/04/15

GMC

Review of email from AS re: QAD memo from Sgt. Scott

0.40

02/04/15

JLN

Review of E-mail from AS re: QAD memo from Sgt. Scott

0.40

02/04/15

JPF

Phone call w JN and GC re: pending trial strategy and misc.
evidentiary issues, and setting up meetng to discuss same in
greater detail

0.90

02/04/15

GMC

Phone call w JN and JF re: pending trial strategy and
misc.evidentiary issues, and setting up meetng to discuss
same in greater detail

0.90

02/04/15

JLN

T/c GC & JF re: pending trial strategy and misc.evidentiary
issues, and setting up meetng to discuss same in greater
detail

0.90

2/5/2015

JLN

0.5

2/5/2015

GMC

T/c w. GC re: updates on discussion with Nat Smith, records
and transcripts provided by Adrian and goal to streamline
case for trial
Phone call w. JN re: updates on discussion with Nat Smith,
records and transcripts provided by Adrian and goal to
streamline case for trial

2/9/2015

JLN

0.4

2/9/2015

GMC

02/10/15

JLN

T/c GC re: issues that came up in Adrian's Dep and Larry's
Dep and possible motions in limine
Phone call JN re: issues that came up in Adrian's Dep and
Larry's Dep and possible Miotions in Limine
E-mail correspondence w/AS, GC re: Defendants request to
adjourn trial

02/10/15

JLN

E-mail correspondence w/AS, GC re: Defendants request to
adjourn trial

0.20

02/10/15

GMC

Email correspondence w/AS, JN re: Defendants request to
adjourn trial

0.25

02/10/15

JLN

Meeting w/ GC & JF regarding global trial strategy,
witnesses to be called (or not called), exhibits to
use, Rule 68 offer and next steps for moving forward.

3.50

02/10/15

JPF

Meeting w/ GC & JN regarding global trial strategy,
witnesses to be called (or not called), exhibits to use, Rule
68 offer and next steps for moving forward.

3.50

02/10/15

GMC

Meeting w/ JN & JF regarding global trial strategy, witnesses
to be called (or not called), exhibits to use, Rule 68 offer and
next steps for moving forward.

3.50

02/11/15

GMC

Review of email from AS

0.10

02/11/15

JLN

Review of E-mail from AS regarding trial

0.10

2/11/2015

JLN

Review of witness/exhibit list from JF and discuss with GC

1.3

2/11/2015

JPF

Review of witness/exhibit list from JN and discuss with GC

1.3

0.5

0.4
0.20

2/11/2015

GMC

Review of witness/exhibit list from JN and discuss with JF

1.3

02/13/15

JLN

Review of letter by Ryan Shaffer requesting more time for
reply and 2 week adjournment of trial

0.10

02/13/15

GMC

Review of letter by Ryan Shaffer requesting more time for
reply and 2 week adjournment of trial

0.10

02/13/15

JLN

Review of order setting trial date to April 20, 2015

0.10

02/13/15

GMC

Review of order setting trial date to April 20, 2015

0.10

2/13/2015

JLN

2/13/2015

GMC

02/17/15

GMC

Meeting w/GC to discuss which witnesses I would be
responsible for at trial; general trial strategy
Meeting w/JN to discuss which witnesses I would be
responsible for at trial
Review of deposition exhibits

3.75

02/17/15

JPF

Review of deposition exhibits & depositions - Mauriello

3.75

2/18/2015

JLN

2/18/2015

GMC

2/19/2015

JLN

2/19/2015

GMC

02/19/15

JLN

T/c GC regarding meeting for Friday, important testimony
from PAA Boston and issues to cover in the plaintiffs direct
(re: downgrading and MIL regarding Johnstown Social
Services)
Phone call JN regarding meeting for Friday, important
testimony from PAA Boston and issues to cover in the
plaintiffs direct (re: downgrading and MIL regarding
Johnstown Social Services
T/c GC regarding best and worst pts from Huffman, Adrian's
handling of downgrading issue at his deposition, fit for duty
reports, and general issues that might come up at
tomorrow's meeting
Phone call JN regarding best and worst PTS from Huffman,
Adrian's handling of downgrading issue at his deposition, fit
for duty reports, and general issues that might come up at
tomorrows meeting
E-mailed GC summary of deposition section and noted it for
prep of AS at trial

02/19/15

GMC

Emailed JN summary of deposition section and noted it for
prep of AS at trial

0.30

02/19/15

GMC

Phone call JN regarding best and worst PTS from Huffman,
Adrian's handling of downgrading issue at his deposition, fit
for duty reports, and general issues that might come up at
tomorrows meeting

0.50

02/19/15

JLN

T/c GC regarding best and worst pts from Huffman, Adrian's
handling of downgrading issue at his deposition, fit for duty
reports, and general issues that might come up at
tomorrow's meeting

0.50

02/20/15

GMC

Phone call JN regarding summary of todays meeting

0.20

02/20/15

JLN

T/c GC regarding summary of todays meeting

0.20

02/20/15

JPF

Meeting w/ JN and GC before meeting with Nat Smith to
dicuss how we are going to proceed at meeting

1.00

02/20/15

GMC

Meeting w/ JN and JF before meeting with Nat Smith to
discuss how we are going to proceed at meeting

1.00

1.3
1.3

0.6

0.6

0.5

0.5

0.30

02/20/15

JLN

Meeting with GC & JF prior to today's meeting with NS to go
over legal issues to discuss

1.00

02/20/15

JLN

Meeting w/ NS and JL regarding overall trial strategy and
specific evidentiary issues and motions in limine, verdict
sheet and Monell theories against JHMC and the City and
allocution of trial responsibilities

3.50

02/20/15

GMC

Meeting w/ TEAM to discuss trial strategy, division of Labor,
motions

3.50

02/20/15

JPF

3.50

2/24/2015

GMC

Meeting w/ TEAM to discuss trial strategy, division of labor,
motions
Discussion with JF re: Huffman cross

2/24/2015

JPF

Discussion with GC re: Huffman cross

0.75

02/24/15

JLN

E-mail to JF re motion in limine issues to be covered

0.20

02/24/15

JPF

Email from JN re motion in lim issues to be covered

0.25

02/24/15

JPF

Discussion with GC re: Huffman cross

0.75

02/24/15

GMC

Discussion with JF re: Huffman cross

0.75

02/25/15

JLN

E-mail correspondence re: major points for Valenti w/GC

0.30

02/25/15

GMC

Email correspondence re: major points to hit with Valenti

0.30

2/26/2015

JLN

2/26/2015

GMC

2/26/2015

GMC

T/c GC regarding plaintiff's conversation with Huffman,
recording of same and making transcripts of other
recordings.
Phone call with JN regarding plaintiff's conversation with
Huffman, recording of same and making transcripts of other
recordings.
Discussion with JF re: Valenti exmanination

2/26/2015

JPF

Discussion with GC re: Valenti examination

02/26/15

JLN

Phone call w/GC and Merry Soeto re: IAB and DAO
recording

0.30

02/26/15

GMC

Phone call w/JN and Merry Soeto re: IAB and DAO recording

0.30

02/26/15

JLN

Meeting w/GC and JF re: outstanding items we need from
trial from NS

1.10

02/26/15

JPF

Meeting w/JN and GC re: outstanding items we need from
trial from NS

1.10

02/26/15

GMC

Meeting w/JN and JF re: outstanding items we need from
trial from NS

1.10

02/26/15

JLN

E-mail conespondence w/NS and GC re: IAB recorded
interviews

0.20

02/26/15

GMC

Email correspondence w/NS and JN re: IAB recorded
interviews

0.25

2/27/2015

JLN

T/c with JF regarding following up with NS, lAB v. DAT
transcripts, calling additional witnesses like Nelson and
Valenti and Yeager

0.75

0.4
0.4
0.5
0.5

0.6

2/27/2015

JPF

Phone call with JN regarding following up with Smith, IAB v.
DAT transcripts, calling additional witness's like Nelson and
Valenti and Yeager

0.6

02/27/15

JLN

E-mail conespondence with NS and GC re: dep summaries,
index of all exhibits, potential trial exhibits

0.40

02/27/15

GMC

Email correspondence with NS and JN re: dep summaries,
index of all exhibits, potential trial exhibits

0.40

03/03/15

GMC

Phone call JN regarding IAB tapes, strategy for plaintiff direct
and for use of home invasion audio in opening

0.50

03/03/15

JLN

T/c GC regarding IAB tapes, strategy for plaintiff direct and
for use of home invasion audio in opening

0.50

03/04/15

JLN

E-mail exchange GC regarding Velez PBA transcript, copy of
same

0.10

03/04/15

GMC

E-mail exchange JN regarding Velez PBA transcript, copy of
same

0.10

03/04/15

JLN

E-mail exchange with GC regarding identity of other IAB
investigator

0.10

03/04/15

GMC

E-mail exchange with JN regarding identity of other IAB
investigator

0.10

03/04/15

GMC

E-mail froim JN with revised witness list

0.10

03/04/15

JLN

E-mail to GC with revised witness list

0.10

3/4/2015

JLN

3/4/2015

GMC

03/04/15

GMC

T/c with GC regarding Huffman cross-x points, and using
Valenti deposition testimony to refute same and reassigning
Sgt. James cross and obtaining a draft of direct for plaintiff
from NS
Phone call with JN regarding Huffman cross-x points, and
using Valenti deposition testimony to refute same and
reassigning Sgt. James cross and obtaining a draft of direct
for plaintiff from NS
Phone and email call w/JN re: witness list

0.30

03/04/15

JLN

Phone and E-mail w/GC re: witness list

0.30

03/06/15

JLN

Discussion w/ JF & GC re proposed witnesses

0.60

03/06/15

JPF

Discussion w/ JN & GC re proposed witnesses

0.60

03/06/15

GMC

Discussion w/JN & JF re proposed witnesses

0.60

3/9/2015

JLN

Review of plaintiffs consolidated 56.1

1

3/9/2015

GMC

Review of plaintiff's consolidated 56.1

1

3/9/2015

JLN

0.3

3/9/2015

GMC

3/10/2015

GMC

T/c w. GC regarding E-mails sent to Smith and setting up
meeting with him and his trial team
Phone call w. JN regarding E-mails sent to Smith and setting
up meeting with him and his trial team
Discussion with JF to help outline AS direct examination

3/10/2015

JPF

Discussion with GC to help outline AS direct exmaination

1.5

03/11/15

JLN

E-mail w/NS and GC re: exhibits and meeting

0.10

03/11/15

GMC

Email w/NS and JN re: exhibits and meeting

0.10

0.5

0.5

0.3
1.5

3/12/2015

JLN

0.75

JLN

Meeting w/ GC to follow up with specific issues discussed at
today's meeting
Meeting w/ GC, JF, NS, and JL re trial, motions

03/12/15
03/12/15

GMC

Meeting w/ JF, JN, NS, and Jon L re trial, motions

2.40

03/12/15

JPF

Meting w/ GC, JN, NS, and Jon Lenoir ("JL") re trial, motions

2.40

03/16/15

JPF

Discussion with GC re: AS direct examination and points to
cover, strategy

1.30

03/16/15

GMC

Discussion with JF re: AS direct examination and points to
cover, strategy

1.30

03/17/15

JLN

Review of interview memo of Stretmoyers

0.20

03/17/15

GMC

Review of interview memo of Stretmoyers

0.30

03/18/15

JLN

E-mail w/GC re Schoolcraft direct

0.20

03/18/15

GMC

Email w/JN re Schoolcraft direct

0.25

3/19/2015

GMC

Discussion with JF re: James cross examinaiton

0.75

3/19/2015

JPF

Discussion with GC re: James cross examinaiton

0.75

03/22/15

GMC

Review of NS letter re Lamstein and emailed comments

0.40

03/22/15

JLN

Review of NS letter re Lamstein and E-mailed comments

0.40

3/23/2015

JLN

Meeting with GC regarding important points of Sgt/ James
and Sgt. Sawyer's testimony

0.4

3/23/2015

GMC

0.4

3/23/2015

GMC

Meeting with JN regarding important points of Sgt/ James
and Sgt. Sawyer's testimony
Discussion with JF re: Sawyer points for cross examination

3/23/2015

JPF

Discussion with GC re: Sawyer points for cross examination

0.6

03/23/15

JLN

Phone correspondence w/ GC re: AS discussion of Home
Invasion

0.30

03/23/15

GMC

Phone correspondence w/ JN re: AS discussion of Home
Invasion

0.30

03/23/15

JLN

Phone call w/GC re: James call to Lauterborn from hospital

0.40

03/23/15

GMC

Phone call w/JN re: James call to Lauterborn

0.40

03/23/15

JLN

E-mail correspondence re: Schoolcraft film

0.20

03/23/15

GMC

Email correspondence re: Schoolcraft short film

0.25

03/23/15

GMC

Email from JN w/portion of Lauterborn cross re James

0.10

03/23/15

JLN

E-mail to GC portion ofLauterbom cross re: Sgt. James

0.10

3/24/2015

JLN

Meeting w/ GC discussing role of Sadowsky, Miller and
Sawyer; Also, QAD Huffman interview and relation to
Mauriello and general trial strategy

0.6

3/24/2015

GMC

Meeting w/JN discussing role of Sadowsky, Miller and
Sawyer; Also, QAD Huffman interview and relation to
Mauriello and general trial strategy

0.6

03/25/15

GMC

Email correspondence w/JN and NS regarding regular
meetings

0.25

2.40

0.6

03/25/15

JLN

E-mail correspondence w/GC and NS regarding regular
meetings

0.20

03/26/15

GMC

Email correspondence w/AS re Kretz Jetter

0.10

03/26/15

JLN

E-mail correspondence w/AS re Kretz letter

0.10

03/26/15

GMC

Email from JN re: medical records

0.10

03/26/15

JLN

E-mail to GC re: medical records

0.10

03/26/15

JLN

Review of Kretz letter re film

0.10

03/26/15

GMC

Review of Kretz letter re film

0.10

03/27/15

JLN

E-mail correspondence between GC and Merry Soete re: AS
Audio Clips

0.10

03/27/15

GMC

Email correspondence w/Merry Soetano re: AS audio clips

0.10

03/27/15

GMC

Phone call JN regarding preparing for conference call with
NS today and using Veritext software

0.10

03/27/15

JLN

T/c GC regarding preparing for conference call with NS
today and using Veritext software

0.10

3/27/2015

JLN

Review of Sgt. Chu and Scott memo

0.3

3/27/2015

GMC

Review of Sgt. Chu and Scott memo

0.3

03/27/15

JLN

Various E-mail correspondence GC and NS re: meeting and
missing IAB Lauterborn recording

0.40

03/27/15

GMC

Various email correspondence JN and NS re: Meeting
missing IAB Lauterborn recording

0.40

03/27/15

JLN

Phone conference with GC, NS, JL

1.00

03/27/15

JPF

Phone conference with JN, GC, NS, JL

1.00

03/27/15

GMC

Phone conference with JN, NS, JF, John Lenoir ("JL")

1.00

03/27/15

GMC

Phone call with NS, JL and JN regarding multiple issues
related to prepping for trial, including exhibits, experts, jury
charges, voir dire, speaking to landlord, prepping client and
comp stat clips

1.90

03/27/15

JLN

T/c with NS, JL and GC regarding multiple issues related to
prepping for trial, including exhibits, experts, jury charges,
voir dire, speaking to landlord, prepping client and comp stat
clips

1.90

03/30/15

JLN

E-mail from GC w/AB report

0.10

03/30/15

GMC

Email from JN w/IAB report

0.10

03/30/15

JLN

Phone call w/GC re: Citys request to adjourn

0.30

03/30/15

GMC

Phone call w/JN re: Citys request to adjourn

0.30

03/30/15

JPF

Phone call with JN & GC regarding admissibility of tape
recorded statements of persons interviewed by IAB

0.30

03/30/15

JLN

T/c GC & JF regarding admissibility of tape recorded
statements of persons interviewed by IAB

0.30

03/30/15

JPF

Phone call with JN regarding motion limine issues and recent
filings by NS regarding striking affidavit and request for
conference

0.30

03/30/15

JLN

T/c JF regarding motion in limine issues and recent filings by
NS regarding striking affidavit and request for conference

0.30

03/31/15

GMC

Email correspondence w/NS and JN re trial witnesses and
exhibits

0.25

03/31/15

JLN

E-mail correspondence w/NS and GC re trial witnesses and
exhibits

0.20

04/01/15

JLN

E-mail exchange regarding setting up meeting for tomorrow
with trial team

0.10

04/01/15

JLN

E-mail re: meeting w/GC, and NS team

0.10

04/01/15

GMC

Email re: meeting w/JN, and NS team

0.10

4/1/2015

JLN

T/c with GC regarding important points from Valenti and
Broschart and additional grounds for impeaching Huffman
and difference between "administrative leave" and "lost time"

0.5

4/1/2015

GMC

0.5

04/02/15

JPF

Phone Call with JN regarding important points from Valenti
and Broschart and additional grounds for impeaching
Huffman and difference between Administrative leave and
lost time
Phone call with JN regarding area of expertise and scope of
testimoy for Eterno

04/02/15

JLN

T/c with JF regarding area of expertise and scope of
testimoy for Eterno

0.10

04/02/15

JPF

Follow up phone call with JN locating does relevant for
motion in Limine, including plaintiff IAB/CCRB transcripts,
Affidavits for spoilation, and Eterno deposition testimony

0.30

04/02/15

JLN

Follow up t/c with JF locating does relevant for motion in
limine, including plaintiff IAB/CCRB transcripts, Affidavits for
spoilation, and Eterno deposition testimony

0.30

04/02/15

JLN

Drafted and sent follow up E-mails w/NS team and GC after
meeting re: exhibits

0.50

04/02/15

GMC

Drafted and sent follow up emails w/NS team and JN after
meeting re: exhibits

0.50

04/02/15

JPF

Phone call with JN regarding several issues in motion in
limine and admissibility of Marino's steroid investigation
under R. 608 (b)

0.50

04/02/15

JLN

T/c with JF regarding several issues in motion in limine and
admissibility of Marino's steroid investigation under R. 608
(b)

0.50

04/02/15

JLN

Meeting with GC and NS team

1.90

04/02/15

GMC

Meeting with JN and NS team

1.90

04/02/15

JPF

Meeting with JN and NS team

1.90

0.10

4/3/2015

JLN

T/c with JF regarding progress on motion in limine and
clarification of certain factual issues
Phone call with JN regarding progress on motion in limine
and clarification of certain factual issues
Phone call JN regarding important point from Broschart
testimony and defendants' of obsession to suspend and real
reason for entering apartment (illegal search and destroy
evidence)

0.2

4/3/2015

JPF

04/03/15

GMC

04/03/15

JLN

T/c GC regarding important point from Broschart testimony
and real reason for entering apartment (illegal search and
destroy evidence)

0.30

04/03/15

JLN

E-mail to GC including AS performance report

0.10

04/03/15

GMC

Review email from JN including AS performance report

0.10

04/05/15

JLN

E-mail to GC including AS W2's

0.10

04/05/15

GMC

Review email from JN including AS W2s

0.10

04/05/15

JLN

E-mail to JF re edits to motion

0.20

04/05/15

JPF

Email from JN re edits to motion

0.25

04/05/15

JLN

E-mail correspondence w/GC and NS re revised exhibit list

0.20

04/05/15

GMC

Email correspondence w/JN and NS re revised exhibit list

0.25

4/6/2015

JLN

T/c with NS & GC regarding exhibit list, verdict sheet,
important points for opening regarding Bernier and Isakov
and failure of med departments to speak with lAB

1

4/6/2015

GMC

Phone call with NS & JN regarding exhibit list, verdict sheet,
important points for opening regarding Bernier and Isakov
and failure of med departments to speak with IAB

1

04/06/15

JLN

Phone call w/GC and NS re: trial exhibits

0.50

04/06/15

GMC

Phone call w/JN and NS re: trial exhibits

0.50

04/07/15

JLN

Review of SK comments on JF MIL draft

0.10

04/07/15

GMC

Review of SK comments on JF MIL draft

0.10

04/07/15

GMC

Phone call JN & NS regarding best strategy for handling
City's request for adjournment

0.20

04/07/15

JLN

T/c GC & NS regarding best strategy for handling City's
request for adjournment

0.20

04/07/15

GMC

Review and discuss NS letter to court re: delay of trial and
announcing our rehiring w/JN

0.30

04/07/15

JLN

Review and discuss NS's letter to court re: delay of trial and
announcing our rehiring w/GC

0.30

04/08/15

JLN

E-mail from GC to NS stressing need to ensure trial goes
forward as planned & does not get delayed

0.10

04/08/15

JLN

E-mail from GC to NS stressing need to ensure trial goes
forward as planned and does not get delayed

0.10

04/08/15

JLN

E-mail from NS re: proposing team meeting for this Friday

0.10

4/8/2015

JLN

T/c GC regarding points from Duncan deposition regarding
ESU, meat cleaver and travelling to Johnstown

0.2

0.2
0.30

4/8/2015

GMC

04/08/15

JPF

04/08/15

GMC

04/08/15

JLN

04/11/15

GMC

Phone call JN regarding points from Duncan deposition
regarding ESU, meat cleaver and travelling to Johnstown
Phone call with GC and JN regarding trial adjournment,
proposed filings, various strategies for trying to make sure
trial goes on April 20
Phone call with JN and JF regarding trial adjournment,
proposed filings, various strategies for trying to make sure
trial goes on April 20
T/c with GC and JF regarding trial adjournment, proposed
filings, various strategies for trying to make sure trial goes on
April 20
Email w/NS re Home Invasion Transcript

0.2

04/11/15

JLN

E-mail w/NS re Home Invasion Transcript

0.10

04/11/15

JLN

0.20

04/11/15

GMC

E-mail correspondence w/ GC and NS re: trial date and
schedule
Email correspondence w/JN and NS re: trial date and
schedule

4/13/2015

JPF

Conf. on trial date - case adj ourned

1

4/13/2015

GMC

Conf. on trial date- case adjourned

1

4/13/2015

JLN

1

4/13/2015

GMC

Conference before Judge Sweet regarding adjournment of
trial and next steps for moving forward
Travel from SDNY for conference re: trial date (.5)

0.25

4/13/2015

GMC

Travel to SDNY for conference re: trial date (.5)

0.25

4/13/2015

JPF

Travel from SDNY for conference re: trial date (.5)

0.25

4/13/2015

JPF

Travel to SDNY for conference re: trial date (.5)

0.25

04/13/15

JLN

E-mail w/ veritext re: changes to Home Invasion transcript

0.20

04/13/15

GMC

Email w/veritext re: changes to Home Invasion transcript

0.25

04/13/15

JPF

Meeting w/JN and GC re new trial date

0.50

04/13/15

GMC

Meeting w/JN and JF re new trial date

0.50

04/13/15

JLN

Meeting wl GC and JF re new trial date

0.50

04/15/15

GMC

Emailed w/JN and NS re mediation offer from the City

0.10

04/15/15

JLN

E-mailed wiGC and NS re mediation offer from the City

0.10

04/15/15

JLN

Phone call w/ GC re Boston unavailability

0.10

04/15/15

GMC

Phone call w/JN re Boston unavailability

0.10

04/15/15

JLN

Review of newly produced Lamstein notes

0.20

04/15/15

GMC

Review of newly produced Lamstein notes

0.25

04/17/15

JPF

Phone call with GC & JN following up on phone call and
discussing settlement position vs. going to trial

0.40

04/17/15

GMC

0.40

04/17/15

JLN

Phone call with JN & JF following up on phone call and
discussing settlement position vs. going to trial
T/c with GC & JF following up on telecon and discussing
settlement position vs. going to trial

04/17/15

JLN

Conference call with team re: best strategy for responding to
City latest "offer"

0.50

0.75
0.75
0.75
0.10

0.25

0.40

04/17/15

GMC

Conference call with team re: best strategy for responding to
City latest "offer"

0.50

04/17/15

JPF

Conference call with team re: best strategy for responding to
City latest "offer"

0.50

04/17/15

GMC

Phone call w/ rest of trial team regarding City' proposal for
mediation and best strategy for responding

0.60

04/17/15

JPF

Phone call w/ rest of trial team regarding City' proposal for
mediation and best strategy for responding

0.60

04/17/15

JLN

Telecon w/ rest of trial team regarding City's proposal for
mediation and best strategy for responding to same

0.60

05/05/15

JLN

Discussion w/GC and JF re SJ decision

0.50

05/05/15

GMC

Discussion w/JN and JF re SMJ

0.50

05/05/15

JPF

Discussion WJN and GC re SMJ

0.50

05/08/15

JLN

Discussion w/ GC & JF re SJ decision and impact on trial
and motion in limine

0.80

05/08/15

JPF

Discussion w/ GC & JN re decision and impact on trial and
motion in lim

0.80

05/08/15

GMC

Discussion w/ JF & JN re decision and impact on trial and
motion in lim

0.80

5/12/2015

JLN

1

5/12/2015

GMC

Conference before Judge Sweet regarding setting new trial
date and schedule for pre-trial filings
Conf. trial adjourned to Oct. 19

5/12/2015

JPF

Conf. trial adjourned to Oct. 19

1

5/12/2015

GMC

Travel from SDNY for conf. (.5)

0.25

5/12/2015

GMC

Travel to SDNY for conf. (.5)

0.25

5/12/2015

JPF

Travel to SDNY for conf. (.5)

0.25

05/12/15

JLN

Team meeting following conf.

1.25

05/12/15

GMC

Team meeting following conf.

1.25

05/12/15

JPF

Team meeting following conf.

1.25

05/12/15

JLN

Meeting w/NS team GC and JF pre-conf

1.50

05/12/15

JPF

Meeting w/NS team JN and GC pre-conf

1.50

05/12/15

GMC

Meeting w/NS team JN and JF pre-conf

1.50

05/13/15

GMC

Email correspondence w/SK re conference

0.10

05/13/15

JLN

E-mail correspondence w/SK re conference

0.10

05/14/15

GMC

Email correspondence all parties re: pretrial submissions
schedule

0.10

05/15/15

GMC

Email correspondence all parties re: pretrial submissions
schedule

0.10

05/18/15

JLN

Review of letter motion filed by City re: JPTO dates

0.10

05/18/15

GMC

Review of letter motion titled by City re JPTO dates

0.10

05/21/15

JLN

E-mail from NS re settlement offer from City

0.10

1

05/21/15

GMC

Email NS resettlement offer from City

0.10

05/28/15

JLN

E-mail GC re Veritext bill

0.10

05/28/15

GMC

Email JN re Veritext bill

0.10

05/29/15

GMC

Email correspondence all parties re: pretrial submissions
schedule

0.10

05/29/15

JLN

E-mail exchange w/ all parties re: pretrial submissions
schedule

0.10

05/29/15

JLN

E-mail w/GC and NS re: City bifurcation request

0.20

05/29/15

GMC

Email w/JN and NS re: City bifurcation request

0.25

06/01/15

GMC

Review and comment on NS draft reconsideration

0.40

06/01/15

JLN

Reviewed NS draft reconsideration

0.40

06/02/15

JLN

Review of citys motion to bifurcate

0.20

06/02/15

GMC

Review of citys motion to bifurcate

0.25

06/03/15

GMC

Review of email correspondence w/court re motions

0.25

06/03/15

JLN

Review of E-mail correspondence w/court re motions

0.20

6/4/2015

GMC

Review of Mauriello's motion for reconsideration

0.5

6/4/2015

JLN

Reviewed Mauriello's motion for reconsideration

0.5

06/10/15

JLN

Phone call with Schoolcrafts and GC re: Mauriello recon. and
bifurcation

0.80

06/10/15

GMC

Phone call with Schoolcrafts and JN

0.80

06/23/15

GMC

Review of email correspondence re: opposition to
reconsideration motions

0.10

06/23/15

GMC

Review of email correspondence re: opposition to
reconsideration motions

0.10

06/24/15

GMC

Review of email corresponclence re: opposition to
reconsideration motions

0.10

06/24/15

GMC

Review of email correspondence w SK re: motion schedules

0.10

06/24/15

JLN

Review of E-mail correspondence w SK re: motion
schedules

0.10

06/29/15

JLN

E-mail from JF to team adding case law to oppose
bifurcation

0.10

06/29/15

JLN

E-mail to NS /JL adding case law for opposing bifurcation

0.10

07/02/15

JLN

E-mail from Scheiner to all counsel re: City's latest doc
production

0.10

07/02/15

JLN

Letter from Scheiner to NS re: latest City productions

0.10

07/03/15

JLN

E-mail from NS forwarding City's latest production

0.10

07/07/15

GMC

Review of email correspondence between NS team re
Eterno

0.10

07/07/15

JLN

0.10

07/13/15

JLN

Review of E-mail correspondence between NS
team re Eterno & Silvennan
Review of JHMC to NS motion for recon

0.30

07/13/15

GMC

Review of JHMC to NS motion for recon

0.30

07/20/15

GMC

Review of Email correspondence between JN and NS re:
John Eterno

0.10

07/20/15

JLN

Sent GC E-mail correspondence between Myself and NS re:
John Eterno

0.10

7/23/2015

GMC

Review of City Defendants reply affirmations recon motions

0.5

7/23/2015

JLN

Review of City Defendants' reply affirmations recon motions

0.5

07/23/15

GMC

Review of City Defendants reply affirmations recon motions

0.50

07/23/15

JLN

Review of City Defendants' reply affirmations recon motions

0.50

07/23/15

JLN

Review of reply memo for AS

0.70

07/23/15

GMC

Review of reply memo for AS

0.75

07/24/15

GMC

Follow up email Schoolcraft team re trial docs

0.30

07/24/15

JLN

Follow up e-mail to trial team retrial docs

0.30

07/24/15

JPF

Phone call with JN & GC regarding issues to discuss at
meeting today with rest of trial team

0.50

07/24/15

GMC

Phone call with JN & JF regarding issues to discuss at
meeting today with rest of trial team

0.50

07/24/15

JLN

T/c with JF & GC regarding issues to discuss at meeting
today with rest of trial team

0.50

07/24/15

JLN

Meeting with rest of trial team regarding various strategic
issues and timeline for pre-trial filings

2.90

07/24/15

GMC

Schoolcraft team meeting

2.90

07/24/15

JPF

Schoolcraft team meeting

2.90

07/24/15

GMC

Follow up email Schoolcraft team re trial docs

0.30

07/24/15

JLN

Follow up e-mail to trial team retrial docs

0.30

07/27/15

GMC

Email w MS re: master exhibit list

0.10

07/27/15

JLN

E-mail w/ MS re: master exhibit list

1.75

07/27/15

JLN

E-mail GC re Polanco as witness

1.70

07/27/15

GMC

Email JN re Polanco as witness

0.10

07/29/15

GMC

Emails with Schoolcraft team re: settlement

0.10

07/29/15

JLN

E-mails with Schoolcraft team re: settlement

0.10

07/30/15

GMC

Emails with Schoolcraft team re: settlement

0.10

07/30/15

GMC

Phone call JN regarding settlement position & response to
City's settlement position and response to City's settlement
overtures

0.40

07/30/15

JLN

T/c GC regarding settlement position & response to City's
settlement overtures

0.40

07/30/15

JLN

Phone call w/GC and NS re settlement

0.40

07/30/15

GMC

Phone call w/JN and NS re settlement

0.40

08/04/15

JLN

Review of NS revised witness and exhibit list

0.30

08/04/15

GMC

Review of NS revised witness and exhibit list

0.30

08/04/15

JLN

Phone call w/GC re: witness list and exhibit list

0.40

08/04/15

GMC

Phone call w/JN re: witness list and exhibit list

0.40

08/05/15

JLN

Continued conversations with NS regarding exhibits &
witnesses

1.00

08/05/15

GMC

Phone calls with JN and NS re: exhibit and witness list

1.00

08/07/15

GMC

Phone call with JN, JL & NS regarding multiple issues in
defendants' respective JPTO's

1.00

08/07/15

JLN

T/c with GC, JL & NS regarding multiple issues in
defendants' respective JPTO's

1.00

08/09/15

JLN

E-mail correspondence re: JPTO and motion deadlines

0.10

08/10/15

JLN

E-mail correspondence re: JPTO and motion deadlines

0.10

08/09/15

GMC

Review of email correspondence re: JPTO and motion
deadlines

0.10

08/10/15

GMC

Review of email correspondence re: JPTO and motion
deadlines

0.10

08/11/15

JLN

Review of new discovery served by City

0.20

08/11/15

GMC

Review of new discovery served by City

0.25

08/11/15

JLN

Review of City defendants JPTO

0.60

08/11/15

GMC

Review of City defendants JPTO

0.75

08/13/15

JLN

Review of correspondence all parties re: JPTO

0.10

08/13/15

GMC

Review of correspondence all parties re: JPTO

0.10

08/14/15

GMC

Email re: City filing JPTO without our input

0.10

08/14/15

JLN

E-mail re: City filing JPTO without our input

0.10

08/14/15

GMC

Review of Lauterborn transcribed audio interview and
emailed to team

0.60

08/14/15

JLN

Review of Lauterborn's transcribed audio interview; 2nd IAB
interview took notes re: same

0.60

08/18/15

JLN

Phone call and e-mail w/ GC re Huffman

0.30

08/18/15

GMC

Phone call and email w/JN re Huffman

0.30

08/21/15

GMC

Email all parties re MIL due date

0.10

08/21/15

JLN

E-mail all parties re MIL due date

0.10

08/24/15

JLN

Review of NS e-mail re upstate visits to AS

0.20

08/24/15

GMC

Review of NS email re upstate visits to AS

0.25

09/08/15

JLN

Phone call w/GC re Schoolcrafts

0.30

09/08/15

GMC

Phone call w/JN re Schoolcrafts

0.30

09/08/15

JPF

Phone call with JN & GC recapping discussion with defense
counsel and clients over the weekend

0.60

09/08/15

GMC

Phone call with JN & JF recapping discussion with defense
counsel and clients over the weekend

0.60

09/08/15

JPF

Phone call with NS, GC and JN regarding best strategy for
handling settlement discussions with the City

0.60

09/08/15

GMC

Phone call with NS, JF and JN regarding best strategy for
handling settlement discussions with the City

0.60

09/11/15

JLN

E-mail to GC re Schoolcraft timeline

0.10

09/11/15

GMC

Email w/JN re Schoolcraft timeline

0.10

09/11/15

JLN

Phone calls with NS and GC re City settlement offer

0.80

09/11/15

GMC

Phone calls with NS and JN re City settlement offer

0.80

09/16/15

GMC

Review of NS email to Schoolcraft resettlement

0.10

09/16/15

JLN

Review of NS e-mail to Schoolcraft resettlement

0.10

9/16/2015

JLN

Review of new Rule 68 offer

0.5

9/16/2015

GMC

Review of new Rule 68 offer

0.5

9/16/2015

JLN

Review of NS memo to Schoolcraft re settlement

0.3

9/16/2015

GMC

Review of NS memo to Schoolcraft re settlement

0.3

09/16/15

JLN

E-mail w/ NS re memo and settlement

0.20

09/16/15

GMC

Email w NS re memo and settlement

0.25