Schoolcraft v. The City Of New York et al

Filing 625

DECLARATION of Reply Declaration of Joshua Fitch in Support re: 559 MOTION for Attorney Fees , Costs and Disbursements.. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Ex. A - note from Kin mar Lwin, # 2 Exhibit Ex. B - Portions of Patel Deposition, # 3 Exhibit Ex. C - Portions of Bernier Deposition, # 4 Exhibit Ex. D - note from Khuso Tariq, # 5 Exhibit Ex. E - Portions of Lwin Deposition, # 6 Exhibit Ex. F - Report of Frank Dowling, # 7 Exhibit Ex. G - Report of Tancredi, # 8 Exhibit Ex. H - Report of Levy, # 9 Exhibit Ex. I - Report of Lubit, # 10 Exhibit Ex. J - Portion of Sawyer Deposition, # 11 Exhibit Ex. K - Section of Hospital Chart, # 12 Exhibit Ex L - Section of Hospital Chart, # 13 Exhibit Ex. M - Sgt. Chu Summary, # 14 Exhibit Ex. N - Sgt. Chu Interview, # 15 Exhibit Ex. O - Portion of Isakov JPTO, # 16 Exhibit Ex. P - Portions of Lamstein Deposition, # 17 Exhibit Ex. Q - Various Emails to and from defense counsel (redacted), # 18 Exhibit Ex. R - Various Emails (redacted), # 19 Exhibit Ex. S - Paid invoices)(Fitch, Joshua)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
ADRIAN SCHOOLCRAFT,
SUPPLEMENTAL
DECLARATION OF
JOSHUA P. FITCH, ESQ.
Plaintiff,
-against-

10 Civ. 6005 (RWS)

THE CITY OF NEW YORK, et al.,
Defendants.
---------------------------------------------------------------X
1.

I am one of the attorneys of record for plaintiff Adrian Schoolcraft. As such, I am

familiar with the facts stated below and submit this Declaration to place on the record the
relevant documents in further support of plaintiff’s motion for attorney’s fees and costs.
2.

Attached as Exhibit A is a copy of the note Kin Mar Lwin, M.D., containing Sgt.

James’ false statements to Jamaica Hospital.
3.

Attached as Exhibit B are relevant portions of the deposition transcript of

Deposition of Indira Patel, M.D.
4.

Attached as Exhibit C are relevant portions of the deposition transcript of

Lilian Aldana Bernier, M.D.
5.

Attached as Exhibit D is a copy of the note Kwaka Khusro Tariq, M.D.,

containing Sgt. James’ false statements to Jamaica Hospital.
6.

Attached as Exhibit E are relevant portions of the deposition transcript

Deposition of Khin Mar Lwin, M.D.
7.

Attached as Exhibit F is a copy of the Report of Frank Dowling, M.D.

8.

Attached as Exhibit G is a copy of the Report of Laurence R. Tancredi, M.D.

9.

Attached as Exhibit H is a copy of the Report Robert H. Levy, M.D.,

10.

Attached as Exhibit I is a copy of the Report of Roy Lubit, M.D.

11.

Attached as Exhibit J are relevant portions of the deposition transcript

Deposition Sgt. Frederick Sawyer.
12.

Attached as Exhibit K is a copy of the section of the hospital chart noting that

Sgt. Frost and Sgt. Brennan, both of whom were from the Internal Affairs Bureau, were present
in the hospital and interviewed Officer Schoolcraft on November 2, 2009.
13.

Attached as Exhibit L is a copy of the section of the NYPD’s hospital chart

noting that Detective Wachter and Sgt. Scott were present at the hospital and interviewed Officer
Schoolcraft on November 2, 2009 at 9:30 p.m., and that Detective Wachter’s business card is
actually copied into the hospital chart.
14.

Attached as Exhibit M is a copy of Sgt. Chu’s summary of the interview, of

Officer Schoolcraft and his father, Larry Schoolcraft, on November 5, 2009.
15.

Attached as Exhibit N is a copy of the actual transcript of Sgt. Chu’s interview of

Officer Schoolcraft and his father, Larry Schoolcraft, on November 5, 2009.
16.

Attached as Exhibit O is a portion of defendant Isakov’s JPTO, showing that the

medical defendants intended to rely upon Sgt. Chu’s interview of plaintiff in the hospital as part
of their defense to the medical departure claims.
17.

Attached as Exhibit P are relevant portions of the deposition transcript

Deposition Catherine Lamstein, Ph.D.
18.

Attached as Exhibit Q are redacted emails from May, 5, 2015, June 2, 2015, June

11, 2015, August 12, 2015 and August 31, 2015.

18.

Attached as Exhibit R are redacted emails from June 25, 2010, March 11, 2015,

and August 31, 2015.
19.

Attached as Exhibit S are copies of paid Veritext invoices.

Dated: New York, New York
April 29, 2016
Respectfully submitted,

_________/S_____________
Joshua P. Fitch, Esq.
Cohen & Fitch
233 Broadway, Suite 1800
New York, New York 10279
[phone]