Schoolcraft v. The City Of New York et al

Filing 672

RESPONSE in Opposition to Motion re: 641 MOTION for Reconsideration re; 638 Memorandum & Opinion,,,, THE COURTS ORDER ON ATTORNEYS FEES. Surreply in Support of City's Opposition to Motion for Reconsideration. Document filed by The City Of New York. (Attachments: # 1 Affidavit Declaration of Judith Bronsther, # 2 Exhibit Exhibit A to Brosnther Dec., # 3 Exhibit Exhibit B to Bronsther Dec., # 4 Exhibit Exhibit C to Bronsther Dec., # 5 Exhibit Exhibit D to Bronsther Dec., # 6 Exhibit Exhibit E to Bronsther Dec.)(Scheiner, Alan)

Exhibit C: General Deposition Time

Date

Timekeeper Journal Entry

1809

05/09/11

NB

3745

05/19/11

GMC

655

05/19/11

JLN

653

05/19/11

JLN

1816

05/20/11

NB

893

08/13/12

JLN

4001

08/16/12

GMC

4014
4015
4024

08/22/12
08/22/12
08/29/12

GMC
GMC
GMC

923

08/29/12

JLN

2940

08/29/12

JPF

4051

09/26/12

GMC

Drafted Deposition notices for all
defendants
Email from JN re: dep notices to be
served
E-mail from GC re: additional dep
noT/ces to be served
Drafted Schoolcraft deposition
notices.
Formatted final draft of Deposition
Notices for City Defendants; copied
same for courtesy copy to all parties;
prepared letter enclosing said
documents; sent to all parties via
regular mail
Review of E-mail from SP re:
scheduling AS depo
Discussion w/ JN & JF re City's
suggestion on multiple dates for
deps
Email from JN re dep dates
Email from Kretz re AS dep date
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
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
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
Review of email from JN adjourning

Allocated Aggregate
Hours
Hours
0.10
0.10
0.10

0.10

0.10

0.10

0.40

0.40

0.40

0.40

0.10

0.10

0.75

0.75

0.10
0.10
0.80

0.10
0.10
0.80

0.80

0.80

0.80

0.80

0.10

0.10

Date

Timekeeper Journal Entry

4049

09/26/12

GMC

954

09/26/12

JLN

956
959

09/26/12
09/26/12

JLN
JLN

952

09/26/12

JLN

3283

09/26/12

JPF

2996

09/26/12

JPF

1953

3/23/2013

NBS

1974
4429

4/22/2013
05/09/13

NBS
JL

2005

6/6/2013

NBS

2040

8/21/2013

NBS

4819

8/22/2013

HS

2041

8/22/2013

NBS

2069

10/4/2013

NBS

AS dep
Meeting w/ JN & JF & AS re
adjorning dep due to father's medical
emergency
E-mail from JF adjourning dep of
AS
E-mail to JF adjourning dep of AS
Review of E-mail from GC
adjourning AS dep
Meeting w/ JF & GC & AS re
adjorning dep due to father's medical
emergency
Email from JN adjourning dep of AS
re: medical issues he was having
Meeting w/ JN & GC & AS re
adjorning dep due to father's medical
emergency
Review of motion and motion letter;
research on taking high-level
government employee's deposition.
Review of testimony in discovery
Meeting with Nat Smith to review
and prepare discovery, engage
investigator and prepare depositions
Review of emails; review of
proposed order; review of notes on
defendant's examination before trial;
email co-counsel; prepare for
meeting with experts.
Telephone conference with 'cocounsel; 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);
conference with Adrian Schoolcraft
re: same.
Preparing for Marino and Mauriello

Allocated Aggregate
Hours
Hours
0.60

0.60

0.10

0.10

0.10
0.10

0.10
0.10

0.60

0.60

0.10

0.10

0.60

0.60

1.10

3.50

3.00
3.25

3.00
3.25

0.60

1.80

0.60

1.20

0.25

0.25

4.20

4.20

0.25

5.50

Date

Timekeeper Journal Entry

4896

10/14/13

MB

4897

10/15/13

MB

4899

10/17/13

MB

4901

10/21/13

MB

4830

10/22/2013 HS

4902

10/22/13

2082

10/22/2013 NBS

4903

10/23/13

MB

2092
4474

11/4/2013
11/21/13

NBS
JL

2102

11/26/2013 NBS

4929

11/29/13

MB

4482

12/02/13

JL

2104

12/2/2013

NBS

MB

examination before trial (5.0);
telephone conference with cocounsel; emails with opposing
counsel re: adjournment for
Mauriello; review of PG & Floyd
trial transcripts.
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.
Prepare medical defendants
examination before trial
Prepare medical defendants
exination before trial
meeting with Nat Smith to review
case
Prepare medical defendants
exination before trial
Meeting with H. Suckle re: medical
examination before trial preparation.
Prepare medical defendants
exination before trial.
Prepare for examination before trial.
Review and produce Marino and
Lauterborn video depositions;
reconcile Plaintiff depositions
transcript with video.
Drafting notices for depositions ;
review of email.
Rule 30(c)(2) research; issues
include: Rule 612; the production of
documents relied on during
deposition; attorney-client privilege;
relevancy under Rule 26.
Telephone conference with Smith
and client re case status of
depositions
Telephone conference with W. Krétz
re: Mauriello; telephone

Allocated Aggregate
Hours
Hours

5.00

5.00

5.00

5.00

3.00

3.00

6.00

6.00

2.50

2.50

5.00

5.00

2.50

2.50

5.00

5.00

2.50
2.75

2.50
2.75

1.00

1.00

5.00

5.00

1.50

1.50

1.50

2.50

Date

Timekeeper Journal Entry

4934

MB

4935

12/06/13

MB

4494

01/02/14

JL

2131

1/27/2014

NBS

4503

02/03/14

JL

2135

2/3/2014

NBS

2136

2/5/2014

NBS

4967

02/07/14

MB

4968

02/08/14

MB

4969

02/10/14

MB

2142

2/18/2014

NBS

2144

2/20/2014

NBS

4514

02/23/14

JL

2146

1

12/05/13

2/23/2014

NBS

Allocated Aggregate
Hours
Hours

emails with counsel re: status and
discovery deadline.
Write up on all deposition objection
issues.
Write up on all deposition objection
issues.
Telephone conference with Smith re
status and schedule of depositions
Revising letter to website
responders; sending Out same; letter
to City Defendants re: examination
before trial
Telephone conference with Smith re
deposition schedules
Telephone conference with cocounsel; 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.
Prepare for Medical Defendant's
EBTs; review medical chart,record,
and deposition summaries; review
Beiner's prior litigation testimony.
Conference with Howard Suckle re
deposition prep; prep for Medical
Defendants 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.
Email co-counsel; client review of
examination before trial for motion.
Telephone conference. Smith re
depositions
Review of examination before trial;
telephone co-counsel; telephone

Previous version of this chart had two entries totaling 3.50 hours, they have been combined.

5.00

5.00

5.00

5.00

0.75

0.75

0.60

1.20

0.50

0.50

0.50

0.50

0.80

0.80

2.50

5.00

2.87

5.75

3.12

6.25

1.30

3.80

2.80

2.80

0.75

0.75

3.501

3.50

Date

Timekeeper Journal Entry

2147

2/24/2014

NBS

2148

2/25/2014

NBS

4523

03/05/14

JL

4976

03/08/14

MB

4977

03/09/14

MB

4528

03/10/14

JL

4529

03/11/14

JL

4533

03/14/14

JL

4982

03/14/14

MB

4535

03/17/14

JL

4539

03/24/14

JL

2156

3/26/2014

NBS

4542

03/27/14

JL

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.
Review discovery and depositions;
update case status report for client
Research issues City Defendants'
March 7, 2014 letter; ten-year
limitation issue; unsubstantiated
claims issue; objections at
depositions generally; time to
depose plaintiff (Rule 30(d)(1).
Draft Memo to counsel re: City
Defendants deposition objection
issues.
Schoolcraft research for response to
discovery and deposition issues and
hearing.
Schoolcraft research and draft letter
to court re: discovery and deposition
issues (4.00); confer w/co-counsel
(1.00)
Review scheduling for examination
before trial.
Draft subject matter for NYPD
30(b)(6) notices.
Review schedule of examination
before trial w Smith and opposing
counsel.
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).
Prepare, review, and edit
correspondence re 30(b)(6)

Allocated Aggregate
Hours
Hours

0.40

0.40

4.75

5.00

1.25

1.25

4.65

4.65

6.66

6.66

3.50

3.50

5.00

5.00

0.75

.75

5.67

5.67

1.50

1.50

1.87

3.75

2.20

3.80

1.50

1.50

Date

Timekeeper Journal Entry

2157

3/27/2014

NBS

4543

03/28/14

JL

2158

3/28/2014

NBS

2181

5/2/2014

NBS

4580 05/15/14

JL

2210

6/19/2014

NBS

4612

07/04/14

JL

4614

07/08/14

JL

4615

07/09/14

JL

4617

07/11/14

JL

5027

07/13/14

MB

4618

07/14/14

JL

examination before trial.
Telephone conference with client
(twice) re subject matters of
numerous 30(b)(6) notices; revising
same.
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.
Telephone conference with Gregory
Radomsile reference examination
before trial; emails to opposing
counsel' re: same.
Review of EBT; review case and
settlement strategy with client and
Smith
Review of scheduling order; email
with team re: schedule; email Dr
Lubit; review of Patrol Guide;
prepare for Duncan examination
before trial (3.0)
Prepare for 30(b)(6) depositions and
other JHC witnesses.
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.
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)

Allocated Aggregate
Hours
Hours
3.50

3.50

3.25

3.25

2.25

4.50

0.80

0.80

0.88

1.75

1.50

4.50

3.75

3.75

2.00

4.50

0.87

1.75

0.87

1.75

6.00

6.00

2.25

2.25

Date

Timekeeper Journal Entry

2222

7/14/2014

NBS

4619

07/15/14

JL

2223

7/15/2014

NBS

4620

07/16/14

JL

4621

07/17/14

JL

2225

7/17/2014

NBS

4623

07/21/14

JL

2229

7/23/2014

NBS

2237

8/3/2014

NBS

5037

08/04/14

MB

4630

08/06/14

JL

4631

08/07/14

JL

4636

08/14/14

JL

4637

08/15/14

JL

4638

08/16/14

JL

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 quatoa issues;
prepare for City examination before
trial on training; disciplines and
crime reporting.
Conduct two City 30(b)(6)
examination before trial.
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.
Review of discovery and
depositions.
Prepare for examination before trial
on Thursday; review of recent City
production, emails with opposing
counsel re: examination before trial.
Review and revise letter to Court;
research on deposition conduct re:
definition of harassment.
Research re: 8/4/14 letter to Judge
Sweet; analyze defendants'
instruction to witness not to answer
questions beyond scope of 30 (b)(6)
subject matter issue.
Review and summarize depositions;
confer w/Smith re: expert reports.
Review depositions; prepare index
and summaries; confer re: expert
testimony and reports.
Research and review existing
material re: expert depositions and
dispositive motions.
Prepare for depositions of plaintiff's
experts
Telephone conference with Nat
Smith re: expert report follow up

Allocated Aggregate
Hours
Hours
1.50

1.50

3.75

7.50

3.20

3.20

7.00

7.00

7.00

7.00

6.50

6.50

1.50

1.50

2.25

4.50

5.80

5.80

3.10

3.10

1.75

1.75

2.50

2.50

1.50

1.50

1.50

1.50

1.00

1.00

Date

Timekeeper Journal Entry

4639

08/18/14

JL

4640

08/19/14

JL

4641

08/20/14

JL

4643

08/22/14

JL

4646

09/02/14

JL

2244 9/3/2014

NBS

4648

09/05/14

JL

4652

09/10/14

JL

4671

10/02/14

JL

4673

10/06/14

JL

2297

11/11/2014 NBS

2299

11/14/2014 NBS

and deposition.
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 co-counsel on expert
discovery response, schedule of
depositions.
Email to all counsel re: schedule;
telephone call with Eli Silverman.
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 with all counsel expert
witness deposition schedule and
outstanding discovery production;
review research material for
depositions.
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).
Review of discovery correspondence
and scheduling of remaining
depositions.
Telephone conference with paralegal
(JS) re: case; review of ebt
summaries.
Review of examination before trial

Allocated Aggregate
Hours
Hours
1.25

2.50

2.50

2.50

2.37

4.75

1.25

1.25

1.50

1.50

0.70

0.70

1.75

3.50

1.25

2.50

2.50

6.25

1.50

1.50

1.50

1.50

1.50

1.50

Date

Timekeeper Journal Entry

2307

NBS

2309

12/7/2014

NBS

4695

12/08/14

JL

2310

12/8/2014

NBS

2311

12/9/2014

NBS

2312

12/10/2014 NBS

2338

1/10/2015

NBS

2341

1/14/2015

NBS

2347

1/20/2015

NBS

4105

02/08/15

GMC

1083

02/09/15

JLN

4110
1087
4114
2

12/4/2014

02/11/15
02/11/15
02/12/15

GMC
JLN
GMC

summaries and indexes.
Revising Amended Complaint and
Memo on motion to amend; began
review of depositions for summary
judgment motion.
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.
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 examinations before trial
and Compstat videos.
Conference with client and John
Lenoir; review of examination
before trial and motions.
Review of decision on motion to
amend; review of cases on
conspiracy; review of examination
before trial for motion.
Email correspondence re: videos of
deps
E-mail exchange with NS regarding
setting up meeting and getting
Broschart Dep and Exhibits from
Maurielloi Marino Dep
Review of deposition exhibits
Started review of deposition exhibits
Review of deposition exhibits

Hours have been changed from 5.50 to 1.83 to reflect proper allocation.

Allocated Aggregate
Hours
Hours
2.25

4.50

5.50

5.50

1.50

3.00

1.75

3.50

1.832

5.50

8.50

8.50

3.75

7.50

3.75

7.50

1.84

5.50

0.25

0.25

0.10

0.10

3.10
3.40
4.40

3.10
3.40
4.40

Date

Timekeeper Journal Entry

1092

02/12/15

JLN

4120
1107
2653

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

GMC
JLN
JPF

2623

02/16/15

JPF

4122
1112

02/17/15
02/17/15

GMC
JLN

4738

02/19/15

JL

2639

02/25/15

JPF

4162

02/27/15

GMC

4160

02/27/15

GMC

1167

02/27/15

JLN

4164

03/02/15

GMC

1883

04/01/15

NB

1710

08/10/15

JJM

Continued review of deposition
exhibits
Review of deposition exhibits
Cont'd review of deposition exhibits
Review of deposition exhibits &
depositions
Review of deposition exhibits &
depositions
Review of deposition exhibits
Finished review of deposition
exhibits
Review of examination before trial
summaries.
Review of Schoolcraft
discovery/deps Lamstein/Sanganetti/Marquez
Email correspondence with NS and
JN re: dep summaries, index of all
exhibits, potential trial exhibits
Review of deposition summaries by
NS team
E-mail conespondence with NS and
GC re: dep summaries, index of all
exhibits, potential trial exhibits
Review of deposition summaries by
NS team
Printed deps of Huffman, James,
Hanlon, Halpren, Gough, Ferrara,
Duncan, Caughey, Broschart,
Bernier and bound
Continue reorganizing dep
nighlights

Allocated Aggregate
Hours
Hours
3.75
3.75
4.80
3.20
3.90

4.80
3.20
3.90

4.80

4.80

3.75
1.80

3.75
1.80

1.00

1.00

4.30

4.30

0.40

0.40

3.80

3.80

0.40

0.40

1.40

1.40

0.70

0.70

1.10

1.10

316.4

390.18