Tardif v. City of New York et al

Filing 493

ORDER: The Court has received copies of videos that the parties seek to introduce at trial. Defendant seeks to introduce "D12_2_March_21_2012.mp4" and "D12_3_March_21_2012.mp4." Plaintiff seeks to introduce "Exhibit 15 ( Exhibit 19 at the first trial) Police Brutality Union Square M21 Watch how a woman who tripped and fell, 03/21/2012," "Exhibit 18 (Exhibit 22 at the first trial) OWS Medic Shoved to the ground by NYPD sustains concussion, 03/21/2012," ; and "Exhibit 23 (Exhibit 26 at the first trial) Video of Union Square Park showing Mattera and O'Connell, 03/21/2012." On May 19, 2022, the parties must submit a joint letter containing the following: 1) One still photo from each separate sequence in which Mattera, Tardif, or anyone else the parties may identify at trial appears on video, identifying those individuals; as further set forth in this Order. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/19/2022) (vfr)

Case 1:13-cv-04056-KMW-KNF Document 493 Filed 05/19/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------X
MARY TARDIF,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __________________
DATE FILED:
5/19/2022

Plaintiff,
13-CV-4056 (KMW)

-v-

ORDER

CITY OF NEW YORK,
Defendant.
-------------------------------------------------------X
KIMBA M. WOOD, United States District Judge:
The Court has received copies of videos that the parties seek to introduce at trial.
Defendant seeks to introduce “D12_2_March_21_2012.mp4” and
“D12_3_March_21_2012.mp4.” Plaintiff seeks to introduce “Exhibit 15 (Exhibit 19 at the first
trial) Police Brutality Union Square M21 Watch how a woman who tripped and fell,
03/21/2012,” “Exhibit 18 (Exhibit 22 at the first trial) OWS Medic Shoved to the ground by
NYPD sustains concussion, 03/21/2012,” and “Exhibit 23 (Exhibit 26 at the first trial) Video of
Union Square Park showing Mattera and O’Connell, 03/21/2012.” On May 19, 2022, the parties
must submit a joint letter containing the following:
1) One still photo from each separate sequence in which Mattera, Tardif, or anyone else
the parties may identify at trial appears on video, identifying those individuals;
2) A list giving the timestamps denoting the beginning and end of each segment of the
videos that Plaintiff will seek to introduce; whether Plaintiff seeks to introduce that
segment with or without audio; why that segment should or should not have audio;
why Plaintiff believes that segment is relevant; and Defendant’s objections to the
admissibility of that segment;

Case 1:13-cv-04056-KMW-KNF Document 493 Filed 05/19/22 Page 2 of 3

3) A list giving the timestamps denoting the beginning and end of each segment of the
videos that Defendant will seek to introduce; whether Defendant seeks to introduce
that segment with or without audio; why that segment should or should not have
audio; why Defendant believes that segment is relevant; and Plaintiff’s objections to
the admissibility of that segment;
4) For numbers 2 and 3 above:
As stated above, do not provide information as it pertains to the entirety of each
video. Please subdivide each video into discrete timestamped segments per
argument. For example, if Defendant wants to introduce 1:00–2:00 of a video,
including audio from 1:15–1:30, and Plaintiff objects only to 1:52–2:00,
Defendant should provide the information as follows:
1:00–1:14
• Whether Defendant seeks to introduce that segment with or without audio
• Why Defendant believes that segment should or should not have audio
• Why Defendant believes that segment is relevant
• Plaintiff’s objections to that segment
1:15–1:30
• Same
1:31–1:51
• Same
1:52–2:00
• Same
5) If more than one video depicts the same scene from different angles, please provide
the corresponding timestamps from each video;

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Case 1:13-cv-04056-KMW-KNF Document 493 Filed 05/19/22 Page 3 of 3

6) The time of day, if known, at which each portion of the video begins, e.g., 1:30:17
a.m.; and
7) The exhibit number for each video file. Hereafter the Court and the parties shall refer
to the files by their designated exhibit numbers only.
SO ORDERED.
Dated: New York, New York
May 19, 2022

/s/ Kimba M. Wood
KIMBA M. WOOD
United States District Judge

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