Schoolcraft v. The City Of New York et al

Filing 621

REPLY AFFIRMATION of Nathaniel B. SMith in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Smith Reply Exh 1 - witness lists, # 2 Exhibit Smith Reply Exh 2 - cover, # 3 Exhibit Smith Reply Exh 3 - original time sheets)(Smith, Nathaniel)

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LAW OFFICE OF

1''-JATHANIEL

B.

SMITH

ATTORNEY AT LAW
111 BROADWAY

NEw YonK, NEw YoHK 10006
NATHANIEL

B.

SMITH

TEL: [phone]

FAX (212) a46-4665

September 12. 2014
Suzanna P. Mettham
NYC Law Department
I 00 Church Street, Room 3-203
New York. NY 10007
Gregory John Radomisli
Martin Clearwater & Bell LLP
220 East 42nd Street, 13th Floor
New York., NY 10017
Brian E. Lee
Ivone, Devine 8.: Jensen, LLP
2001 Marcus Avenue, Suite NlOO
Lake Success, NY II 042
Bruce Morgan Brady
Callan, Koster Brady & Brennan, LLP
One Whitehall Street
New York, NY I 0004
Walter Aoysius Kretz, Jr.
Scoppetta Seiff Kretz & Abercrombie
444 Madison A venue, 30th Floor
New York.. NY I 0022
Schoolcrafi v. The City of New York, et a!.,
10-cv-6005 (RWS)

Dear Counsel:
Based on our discussions on September 10, 2014, I have scheduled the following
depositions ofthe plaintiff's experts: (1) Dr. Lubit for September 23,2014 (the entire day); Dr.
Eterno for September 26, 2014 (the entire day); and Dr. Halpern-Ruder for September 30,2014
(the entire day). Based on their fees (set forth in our supplemental disclosures) and based on
Rule 26, please remit to me three checks payable to "Nathaniel B. Smith, Esq." which I will

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2

LAW OFFICE OF

NATHANIEL

B.

SMITH

deposit into my lOLA account on behalf of each expert. My tax identification number is 134065879.
The amount of each check must include compensation for the time for the deposition; the
time reasonably required of the expert to prepare for the deposition; the expert's reasonable
travel time (at one-half the hourly rate) and any out-of-pocket expenses. ,)'ee Fed. R. Civ. Pro.
26(b)(4)(c); Cary Oil Co. v. MG Ref"& MKtg, Inc., 2003 U.S. Dist. Lexis 6267 (S.D.N.Y. Apriil
15, 2003) ("The district courts in the Second Circuit have consistently held that [a reasonable
amount of] time spent by an expert preparing for his deposition is compensable under Rule
26(b)(4)(c)") (citing New York v Solvent C'hemical Co., Inc., 210 F.R.D. 462,471 (W.D.N.Y.
2002)).
Accordingly, please tender the following.
1. A check in the total amount of$8,500 for Dr. Lubit for his testimony ($7,000 at $3,500
per half day); for his preparation time ($1 ,500 for 3 hours at $500 per hour); and for his
travel time ($250). Any balance will be remitted to the payor.
2. A check in the total amount of$3,600 for Dr. Halpern-Ruder for his testimony ($2,100
for seven hours at $300 per hour); for his preparation time ($600 for 3 hours at $200 per
hour); for his travel time ($700 for seven hours of travel time at $1 00 per hour); and $200
for out-of-pocket travel expenses Cor his travel by train from Providence, Rhode Island to
New York City. Any balance willl be remitted to the payor.
3. A check in the total amount of $2,950 for Dr. Eterno for his testimony ($2, 100 for seven
hours at $300 per hour); for his preparation time ($600 for three hours at $200 per hour);
and his travel time ($250 for 2.5 hours at $1 00 per hour).
Thank you for your prompt attention to this. Please note that we require that these funds
be deposited in my account hejhre the expert's appearance.

*

*

*

In addition, pursuant to the plaintiff's obligation to supplement his disclosures and
pursuant to Judge Sweet's Order, dated August 29, 2014, I am providing the following
information: (a) since the plaintiff was last deposed he has received no additional wages or other
income from employment and has not received any additional governmental benefits other than
those associated with his position as a Police Oflicer with the NYPD or his benefits as a military
veteran; (b) since the plaintiff was last deposed the only relevant medical or mental health visits
or discussions that he has had are those set forth in the Expert Reports by Dr. Lubit and Dr.
Halpern-Ruder, which were served on you last month; and (c) the following individuals who
may have information relevant to this action (i) the individuals identified in paragraph 6 of
Plaintiff's February 7, 2014 Supplemental Discovery Demands and in paragraph 2 of Plaintiff's

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LAW OFFICE
NATHANIEL

B.

3

mr
SMITH

Supplemental Interrogatories*; and (ii) the individuals identified in the QAD Report (NYC 51535248); (iii) Poliice Officer Philip Fioranelli, who worked at the 81 ~;t Precinct under Defendant
Mauriello's command and was assigned to the Queens Court Section (See NYC 5211 ); (iv)
Tyrell or Tyron Gardenhire; and (v) Sergeant Pilerre Hyppolite (917-232-7119).

Sincerely,

~#

Encl.
cc:
All Counsel
(by email)

* Craig Matthews; James Griffin; Adyhl Polanco; Pedro Serrano; Eileen Barry; Daisy Boria;
Robert Leuci; Jeffery Baird; Willis Crosland; Clifford Rigaud; Paula White-Ruiz; and Joseph
Gray.

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