Pemberton et al v. City of New York et al

Filing 162

ORDER: It is hereby ORDERED that the rulings shall apply to any deposition testimony offered on behalf of witnesses Reddick and Gant during the trial. (Signed by Judge Lorna G. Schofield on 11/13/2023) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------ X
:
DR. CLYDE PEMBERTON,
:
Plaintiff, :
-against:
:
CITY OF NEW YORK, et al.,
:
Defendants. :
------------------------------------------------------------ X

18 Civ. 7908 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on November 10, 2023, the parties submitted the attached deposition
designations for unavailable witnesses Kasseem Reddick and Gizelle Gant. The parties’
objections and responses, as well as the Court’s rulings on those objections, are noted in the
margins. It is hereby
ORDERED that the rulings shall apply to any deposition testimony offered on behalf of
witnesses Reddick and Gant during the trial.
Dated: November 13, 2023
New York, New York

22
G. GANT
1

Q.

-- to the 911 operator rather?

2

A.

No.

3

Q.

So these women are hurling these racial slurs.

4

A.

6

remember.

7

Q.

9

10
11
12
13

14
15

The
testimony at
22:18-23 is
directly
relevant to
the state of
the women
who were
allegedly
prevented
from leaving
MIST.

Was anyone responding?

5

8

I don't recall.

I'm sure they were.

I'm sure, but I don't

Were there any other patrons at the establishment
Defendants also object to
that were still there at that point?
22:18-23:8 on relevance
grounds. The specific alleged
elseofthat
we
No.
I don't remember seeing anyone
A.
actions
the complainants
toward this non-party witness
had to worry about because I know I probably would have
are not relevant to the
probable
worried about those patrons and making sure assessment
they wouldof have
cause, are cumulative of other
testimony from this witness
gotten out.
and others, and potentially
Q.
Do you recall what event or events confusing
were going
to the on
jury given the
lack of clarity as to what
that night?
events the witness is
describing
I don't remember.
A.

16

Q.

17

incident?

18

A.

What's the next thing that you recall from that
OVERRULED.

I do believe we got somebody on the phone, 911 or

19

whoever, a dispatcher to come, and I was like okay.

20

I'm going back into this whole situation .

21

that's happened -- the older one is sitting in the chair

22

now I do believe, and I'm asking if she needs water and

23

trying to defuse the situation asking the other two does

24

she need water, let's just focus on her right now, what

25

does she need because she looks a mess.
DIAMOND REPORTING

[phone]
22

Then

There's a chair

She's about to,

[e-mail]

27
G. GANT

Plaintiff
opposes
Defendants'
objection,
which gives
no basis for
any
arguments
as to
relevance,
hearsay, or
prejudice.
The
testimony is
directly
relevant to
the state of
the
complaining
witnesses
when
Defendants
believed
they had
probable
cause, and
none of the
testimony is
being
offered for
the truth of
the matters
asserted.

1

A.

I don't recall.

2

Q.

Okay.

3

When you go outside you described the

scene at mayhem?

4

A.

Yes.

5

Q.

What do you mean by that?

6

A.

The police are there, we're trying -- I see

7

people trying to explain excitedly what's happening, what's

8

going on.

9

happening a little to the left.

That sort of -- if you're exiting it's sort of
To the right the EMTs are

10

there and some police and EMTs are laughing because the

11

brown haired woman is pushing, and calling them names, and

12

fighting them.

13

into the ambulance and she's like I'm not doing anything

14

and running around, pushing them, doing all this other

15

stuff.

And they're saying that she needs to get

OVERRULED.

And they're laughing and they think it's funny.

Defendants object to 27:2-15 ;
She was pushing the police and EMTs?
Fed. R. Evid. 402, 403, and 802.
This description of events which
Mm-hmm.
occurred after the commission of
is not relevant to the
Both the police and EMTs or one the
or events
the other?
assessment of probable cause,
I'm not quite sure.
contains speculation as to the
state of mind of unidentified
Okay.
persons, and is potentially
confusing due to the vagueness of
Somebody in uniform she was pushing.
the events described.

16

Q.

17

A.

18

Q.

19

A.

20

Q.

21

A.

22

Q.

Okay.

23

A.

And everybody was laughing.

The blonde haired

24

one, her back was against the wall and she was being very

25

quiet and just looking like she wanted to cry.
DIAMOND REPORTING

[phone]
27

Which is

[e-mail]

31
G. GANT

Plaintiff
opposes
Defendants'
objection,
which gives
no basis for
any
arguments
as to
relevance,
hearsay, or
prejudice.
The
testimony is
directly
relevant to
the
information
the
Defendants
had when
they
arrested
Plaintiff, and
thus the
state of
mind of the
Defendants
at the time
Plaintiff was
arrested,
which is not
hearsay.
See, e.g.,
Guerrero v.
City of New
York, No.
14-CV-8035
(VSB), 2018
WL
4333985, at
*9 (S.D.N.Y.
Sept. 11,
2018).

1

everyone was -- everyone was heightened, so I'm not quite

2

sure what she said, how she said it.

3

just whatever.

She could have been

I'm not sure.

14

I know you don't remember who you spoke to, but Defendants
object to
do you recall what you said when you spoke to the person 31:4-15; Fed.
R. Evid. 402,
who was the police officer?
403, and
802. What
Paraphrasing?
A.
this witness
said to an
Sure.
Q.
unidentified
officer is not
Okay. Sorry about that.
A.
relevant to
That's okay.
It's two years ago.
Q.
I get it.
the
assessment
A.
That we called them, we were trying to get them of probable
cause nor is
here for a while, and these women were doing X, Y, and Z.
her opinion
They were pushing, kicking, they were hurling abuses, and as to the
fairness of
this is -- and you guys are going to go and arrest whoever.the arrests.

15

This is not fair.

4
5

6
7

8
9

10

11
12

13

16
17

Q.

Q.

And it just became something else.

OVERRULED.

So was that a conversation you had after

Mr. Debnam and Mr. Baptiste had been arrested?

18

A.

Yes.

19

Q.

And had Dr. Pemberton already been arrested when

20

you had that conversation?

21

A.

Yes.

22

Q.

Did you ever come to see that the blonde woman

23

was arrested?

24

A.

Yes.

25

Q.

Okay.

DIAMOND REPORTING

What did you see in terms of that?
[phone]
31

[e-mail]

10
KASSEEM REEDICK

Plaintiff
opposes
the
objection
and
disagrees
with the
proposed
alternative.
The
testimony
is directly
relevant to
the state
of the
women
who were
allegedly
prevented
from
leaving.
Any out of
court
statements
in the
statement
are not
offered for
the truth of
the
matters
asserted,
but in the
alternative,
are not
grounds to
exclude
the rest of
the
testimony.

1

A.

Yes.

2

Q.

Do you recall if they left a tip?

3

A.

Yes.

4

Q.

While they were sitting there, did you overhear

5
6
7
8
9
10
11
12
13
14

15
16

any of their conversation, that you can remember?

Defendants object to 10:15-11:9; Fed.
R Evid. 402, 403, and 802 (implicates
hearsay statements
of others). The
because she was the one ordering the rounds.
So, she was
thrust of this testimony concerns
this witness
coming to speak to me, I don't remember information
exactly which
one purports to
have learned about the complainants
it was or exactly what she was talking about.
from unidentified persons at an
unknown time. To the extent this is
But, it was, like, good energy.
You
tell
offered
as could
evidence
of the
complainants' state it is clearly offered
that something was going on because they kept buying each
for the truth of the matter asserted.
admissible
of this
other drinks like they was buying round The
after
roundportions
and
designation are largely duplicated at
round. So, they was having a good time,11:12-12:2,
I don't which
knowdefendants propose
as an alternative.
A.

Well, one of the ladies was talking to go me

exactly what was going on.

Q.

Let me ask you this, can you briefly describe any
Objection sustained from
10:22 (“But
something . . .) to 11:6.
I think one was short and heavyset and two was
Otherwise overruled.

of them sitting here today, what they looked like?

17

A.

18

slim.

19

-- I don't think I would be able to exactly remember

20

seen them.

21

I can't remember hair, but like I wouldn't be able
if I

It might come back to me like oh, yeah.
I was with them most of the night because they

22

was at the bar,

but something that took place that wasn't

23

really known about originally is that they was drinking

24

before they came to the main bar.

25

cafe originally first and we didn't find out until after

DIAMOND REPORTING

[phone]
10

They was drinking in the

info@diamondreporting corn

11
KASSEEM REEDICK

1

the incident happened.

2

And people was talking about what happened, that

3

I found out that before they even came to the main bar and

4

this is the reason why I believe they were intoxicated on

5

the level they was because they had a few rounds before

6

they even made it to the main bar

7

And I know with me they had at least four or five

8

rounds because their bill was at least a hundred and

9

something dollars and I know she tipped me at least $20

10

Q.

Do you remember which one paid the bill?

11

A.

I believe

12

Q.

So, they've been described to me by other people

Objection sustained re 11:12 18; Otherwise overruled.

it was the heavyset one.

13

as a blonde one with blonder straight hair, curly haired

14

woman who someone told me looked like she might have been

15

Mexican and the third one like older,

16

of the three.

17

like,

was the oldest

That's how they've been described to me.

I'm not representing that that's what they

18

actually look like,

19

that comport with your general recollection of them?

20

A.

but based on those descriptions,

does

Yeah, I think one of them I thought was Spanish,

21

yes, but I wouldn't be able to give you -- like,

it was a

22

long time ago.

23

incident I actually remember, but I try and be tentative

24

with the customers especially if they are tipping trying to

25

remember if they come back, to give them the same good

The only reason is because there was an

DIAMOND REPORTING

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14
KASSEEM REEDICK

1

was drinking a white wine and they went one round, two

2

rounds, three rounds and then later on they was there

Plaintiff
opposes
3
the
objection.
4
The
5
objection
as to the
6
testimony
"tak[ing]
the form of 7
a
8
narrative"
is not a
9
proper
ground to 10
exclude
11
the
testimony.
Any out of
court
statements
in the
testimony
are not
offered for
the truth of
the
matters
asserted,
but in the
alternative,
are not
grounds to
exclude
the rest of
the
testimony.

talking, laughing for the whole night.
Q.

And at some point there was, I'm calling it an

incident?

A.

Yes.

Q.

Tell me what you remember of what happened?

A.

Okay.

So, I remember one of the young ladies I

believe her name was -- her -- I don't know her real name,

but one of the girls that worked there her name was Luna.
She came to me and asked me for

12

and I asked her,

13

of the female

14

influence in the bathroom and they need water. "

15

her the water.

16

"what's going on?"

a bottle

of water

And she was like,

-- one of the customers

Then one of the other girls

Defendants
object to
14:8-15:18
as it
contains
hearsay and
takes the
form of a
narrative.

"one

they're under the

So I gave

came and was like,

17

"they need a cab, do you know a New York cab number?"

18

from New Jersey so I didn't know, so I asked somebody else

19

and then one of the owners, Ms. Long, Jackie Long, she came

20

to the bar and told me to give her a bottle of water as

21

23

well and told me that one of the patrons was in the
Objection sustained from 14:18 to
bathroom and that they was under the influence. 14:24 to “shape.” Otherwise
overruled.
They was discombobulated. They couldn't

24

physically move, they was in bad shape.

25

basically cleaning up the bar, wrapping up for the night

22

DIAMOND REPORTING

[phone]
14

I'm

So, I was

info@diamondreporting. com

20
KASSEEM REEDICK

1

A.

They just -- there wasn't really a say anything

2

situation.

3

suppose to leave because this lady needs medical treatment.

4

It was basically Dr. Pemberton said they're not

These ladies trying to take this lady out without

5

getting medical treatment,

6

the owner of the establishment, most places you assume that

7

once somebody drop like that 'cause on numerous occasions I

8

had paid for Ubers out of my own pocket or gotten people

9

water and made sure they were safe and good before they

10

so basically everybody -- he's

left.

11

So, when he said it,

we just

assumed that

12

whatever he said was right.

13

educated.

He's a doctor,

14

treatment,

so that's what we was persuing to try and get

15

her the medical

16

Q.

He's an owner, he's very

he said she needed medical

treatment

she needed.

The women who were trying to leave that they were

17

preventing -- that he was preventing from leaving,

18

the

real

sick woman or the other

19

MS. SAYLOR:

20

MS. FUDIM:

21
22

Q.

25

Objection.

Objections in the transcript should not be
included. Exclude 20:16-20, 20:23-21:5.

I'll rephrase the question.

Who was it that you saw him physically try to

prevent from leaving?

23
24

women?

was that

MS. SAYLOR:
A.

Objection, you can answer.

Wait, say the question the again, that objection

just distracted

me.

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24
KASSEEM REEDICK
1

Q.

What -- I didn't

2
3
4

So, you felt like whatever the police officer
said to you might be trouble,
A.

Yes.

so you went back inside?

And this was basically now at this point

5

everybody was outside and the lady was in the ambulance.

6

She was causing some type of disturbance at that point with

7

the ambulance people.

8
9

10
11

Q.
officer

When you talked to the -- well,
inside

A.
officer

did you talk the

or outside?

I talked to the officer -- I remember talking an
outside.

12

Q.

Was it the white shirt or a different one?

13

A.

No.

14

other officers.

15

was about

16

Q.

Plaintiff
17
opposes
18
the
objection.
19
The
testimony is
20
not
speculation, 21
and rather
describes 22
the
declarant's 23
observations.

follow all the hes.

24

25

It wasn't the white shirt,

it was one of the

He had a jacket on that night I believe he

to officer.

And did he ask you any questions about, like,

what these ladies were drinking or if any of,

like,

had

taken anything that you saw or anything about that?
A.

No.

Defendants
object to
24:20-25:3
with any of the officers?
as to
A.
Yes. He was speaking to the police.
I seen him speculation
as to the
trying to explain that he was the owner and stuff like
intentions
of the
that
plaintiff
and police
When Dr. Pemberton was talking to them, they
officers.
Q.

Did you see Dr. Pemberton have a conversation

DIAMOND REPORTING

[phone]
24

OVERRULED.
info@diamondreporting. com

31
KASSEEM REEDICK
What's Joel' s

1

[phone].

2

A.

3

Q.

And he was working that night?

4

A.

Yes.

5

Q.

But, you don't know if he was bartending that

6
7

night?
A.

No, he wasn't bartending -- I don't -- no, he's a

8

bartender now, he wasn't a bartender then.

9

for maintenance

10

11

closed

Q.

12

Plaintiff
objects to
31:19-21
as
hearsay.

contact?

that's

at

how I

the

time

because

we are

He was working
the

ones that

remember.

Because the two of you closed.
Did you hear -- so, other people who were there

13

that night have told us, you know, come in and met with us

14

and some people have said that the women were hurling like

15

racial

slurs

--

16

A.

They were

17

Q.

-- did you hear that?

18
19

20
21

OVERRULED.
22

23
24
25

31:19-21 is
not hearsay
A.
Yeah, I know that for a fact, that's true.
as it is a
literal
That's one hundred percent true.
It started with something
description
of a word
--it wasn't something I was familiar with, it was
the witness
something with a G or something.
heard used
and is
And when she said it, that was another thing
offered as
evidence of
that, like, shook the room, "okay, we're going that way
his
with it. "
When you hear something racist, it's like, how observations
, not the
do you want to deal with it.
Do you want to be angry and truth of the
statement
being
DIAMOND REPORTING [phone] info@diamondreporting. com
described.
31

32
KASSEEM REEDICK

1

be hostile about it or do you just want to brush it away.

2

was,

like,

oh.

It wasn't

3

towards me, it was towards Dr. Pemberton, but we all felt

4

it.

5
6

Plaintiff
objects to
32:7-14
as
hearsay.

So, when it was said it

7

8
9
10

OVERRULED.

11

12

13
14
15
16

17
18
19

It was, like, okay.
Q.

And you said the word was one you didn't even

know the word?

32:7-14 is
not
A.
I knew it was racist, but I hadn't heard it in a hearsay as
the
while
Like, you don't hear unless you're watching
witness is
something, like I try not to be around people that believe describing
his
observatio
or live like that.
ns and
So, when I heard it, I was like, "Oh, " it was
knowledge,
not
like I hadn't heard this in a while.
Like, wow, that's
relaying
an out of
where you're going with it.
It wasn't the N word, it was
court
something else.
It was something I don't remember what it. statement
for the
truth of
Q.
Which one of three women said it?
its
A.
If I had to guess.
contents.
Q.

I don't want you to guess, if you don't know, you

could say you don't kn.
A.

I don't know, but I think it

was the same one

20

that hit Doc because she was in his face, she set it off

21

basically

22

Q.

23

24
25

Well, what was the affect of that, what was Dr.

Pemberton's

A.

reaction

to

that?

His face got -- like, his fate was real serious.

He just looked like and everybody kind of looked around
DIAMOND REPORTING

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32

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38
KASSEEM REEDICK

1
2

Q.

Just to clarify,

you never saw anyone blocking

the women in exiting through the bar door?

3

MS. FUDIM:

Exclude 38:1-4

Objection to form.

4

A.

Wait, say that again.

5

Q.

Did you ever see anyone blocking the women from

6
7

exiting through the bar doors?
A.

No.

There's another exit as well.

8

exit in the restaurant,

9

emergency exit.

10

two double doors, but it's like an

Like, if you was in the restaurant you

could just walk right, but you can't get in.

11

MS. SAYLOR:

12

I have no further

questions.

13

MS. FUDIM:

14

FURTHER EXAMINATION BY

15

MS. FUDIM:

16

There's an

Q.

I just have one follow-up.

You were asked by Ms. Saylor if

the bar door was

17

open and you said yes and I just want to clarify when you

18

say open, does that mean, like, physically,

19

unlock?

20
21

22
23

24
25

A.

It was unlocked.

like,

open or

Anybody could have left in and

out the bar at any time.

Q.

But, you don't mean, like, physically open, like,

air is coming in and out?

A.

No, it wasn't physically open like that, no
MS. FUDIM:

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I have nothing else.

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38

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