Lane v City of New York

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Lane v City of New York 2021 NY Slip Op 31533(U) May 5, 2021 Supreme Court, New York County Docket Number: 153022/2015 Judge: J. Machelle Sweeting Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 05/05/2021 04:02 PM NYSCEF DOC. NO. 60 INDEX NO. 153022/2015 RECEIVED NYSCEF: 05/05/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. J. MACHELLE SWEETING Justice ---------------------------------------------------------------------------------X DENISE LANE, PART INDEX NO. MOTION DATE Plaintiff, MOTION SEQ. NO. IAS MOTION 62 153022/2015 01/28/2021 001 -vTHE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF CORRECTIONS, COMMISSIONER JOSEPH PONTE, WARDEN ANTONIO CUIN, MANHATTAN DETENTION COMPLEX DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 were read on this motion to/for STRIKE PLEADINGS . Pending before the court is a motion filed by plaintiff seeking to strike the Answer of the defendants (collectively, the “City”), or in the alternative, to compel discovery. This case was conferenced before the undersigned on May 4, 2021. Pursuant to such conference, it is HEREBY ORDERED that: Plaintiff’s motion seeking to strike the City’s Answer is DENIED, as the City did not engage in willful or contumacious conduct. That part of plaintiff’s motion seeking to compel discovery of records for non-party William Jones is also DENIED. Such records include the following, as described in the Affirmation of plaintiff’s counsel (NYCEF Document #40): 1) The Inmate Report on p. 2, ¶ 7, section titled “Paragraph 6” 2) The medical reports on p. 3, ¶ 7, section titled “Paragraph 7”; the medical treatment records on p. 5, ¶ 7, section titled “Paragraph 12”; the drug tests on p. 6, ¶ 7, section titled “Paragraph 13” 153022/2015 LANE, DENISE vs. CITY OF NEW YORK Motion No. 001 Page 1 of 4 1 of 4 [*FILED: 2] NEW YORK COUNTY CLERK 05/05/2021 04:02 PM NYSCEF DOC. NO. 60 INDEX NO. 153022/2015 RECEIVED NYSCEF: 05/05/2021 3) The Classification level on p. 4, ¶ 7, section titled “Paragraph 9” 4) The prior infractions on p. 4, ¶ 7, section titled “Paragraph 10”; the Rap Sheet p. 5, ¶ 7, section titled “Paragraph 11”) That part of plaintiff’s motion seeking to compel discovery of correction officers’ personnel records is also DENIED, as no officers were individually named as defendants in this lawsuit. With respect to items described in pages 9-12 of the Reply Affirmation of plaintiff’s counsel (NYCEF Document #55), which each relate to plaintiff’s October 21, 2019 Notice for Discovery and Inspection: Paragraph 1: The City is to produce the rule book, revisions or block training refresher course materials and the rules and regulations for correction s officers accompanying and/or protecting healthcare workers. Paragraph 2: The City is to produce post description for the correction officers who were assigned to escort and accompany medical personnel outside the clinic and who were assigned to the intake area where nurse Lane was escorted to when this incident took place. Paragraph 4: The City is in compliance, as the video of the incident had already been produced. Plaintiff is seeking video of 30 minutes prior, which City maintains no longer exists pursuant to the City’s retention policy. This application was withdrawn. Paragraph 5: The City is to produce the use of force log book entry (Book 10 page 14 of the MD facility). Paragraph 8: To the extent that plaintiff is seeking that part of the Supervisor’s report that includes medical records for William Jones, this request is denied. Paragraph 14: The City is to make available for inspection by plaintiff’s counsel the original of C.O. Christopher Cruz’s use of force report. 153022/2015 LANE, DENISE vs. CITY OF NEW YORK Motion No. 001 Page 2 of 4 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 05/05/2021 04:02 PM NYSCEF DOC. NO. 60 INDEX NO. 153022/2015 RECEIVED NYSCEF: 05/05/2021 With respect to items described in pages 12-17 of the Reply Affirmation of plaintiff’s counsel (NYCEF document #55), which each relate to plaintiff’s February 27, 2020 Notice for Discovery and Inspection: Paragraphs 1, 2, 3, 4: Denied, in that this request seeks personal information, namely: admission packet, inmate folder, floor cars and computer system entries of William Jones. Paragraph 5: The City is to produce a copy of the rule book referred to by Correction officers Perez and Alphonse at their EBT’s. Paragraph 6: The City is to produce a copy of the revision block training materials and refresher materials referred to by Officer Perez at his EBT. With respect to items described in pages 17-18 of the Reply Affirmation of plaintiff’s counsel (NYCEF Document #55), which each relate to plaintiff’s February 28, 2020 Notice for Discovery and Inspection: Paragraph 1: Denied. With respect to items described in pages 18-19 of the Reply Affirmation of plaintiff’s counsel (NYCEF Document #55), which each relate to plaintiff’s February 15, 2017 Notice for Discovery and Inspection: Paragraphs 7-11: Denied as overly broad in time and scope. Paragraph 13: Same, and additionally denied as it seeks records for non-party William Jones. 153022/2015 LANE, DENISE vs. CITY OF NEW YORK Motion No. 001 Page 3 of 4 3 of 4 [*FILED: 4] NEW YORK COUNTY CLERK 05/05/2021 04:02 PM NYSCEF DOC. NO. 60 INDEX NO. 153022/2015 RECEIVED NYSCEF: 05/05/2021 Paragraph 14: The City is to produce (subject to obtaining proper authorization from plaintiff), plaintiff Denise Lane’s clinic records as requested. Finally, the deposition of Corrections Officer Cai is scheduled to take place on May 5, 2021, and thus a motion to compel the deposition is denied as MOOT. This is the order of the court. 5/5/2021 DATE CHECK ONE: $SIG$ J. MACHELLE SWEETING, J.S.C. CASE DISPOSED GRANTED X DENIED NON-FINAL DISPOSITION GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 153022/2015 LANE, DENISE vs. CITY OF NEW YORK Motion No. 001 X OTHER REFERENCE Page 4 of 4 4 of 4

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