Stephen et al v. Hanley et al
| Daryl Stephen and Sean Stephen |
| Edgar Bourdon, Brill, City Of New York, Colemem, John Doe, Police Officer Derek Dunston, John Hanley, Captain Hayden, NYC Police Sergeant Hernandez, Iliadis, Raymond Kelly, J. Matthew, Miller, Police Lt. John Doe, Rlendeau, Warmoth and . White |
| 1:2003cv06226 |
| May 20, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Kiyo A. Matsumoto |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Filing
228
ORDER granting in part and denying in part Motions in Limine 184 , 191 , 196 , 213 : The court denies in part and grants in part the parties' motions in limine as follows: 1) plaintiffs' motion to preclude evidence of Sean Stephen' s November 20, 2003 conviction is granted; 2) plaintiffs' motion to preclude the type and quantity of the narcotics and related paraphernalia recovered during the July 2002 incident is granted; 3) plaintiffs' motion to preclude the prior ar rests of and unproven charges against Sean Stephen is granted; 4) plaintiffs' motion to preclude evidence of the youthful adjudication of Daryl Stephen is granted with regard to its use for impeachment, but is otherwise denied as it is proffered to contest causation and damages; however, evidence of the youthful adjudication is limited to the fact of the adjudication, its date, and the amount of time Daryl Stephen spent in custody related to the adjudication; 5) plaintiffs' motion to p reclude evidence of Daryl Stephen's employment records is denied with regard to the three exhibits for use in defendants' case-in-chief and the court reserves decision as to the admissibility of the additional employment records for impeach ment purposes; and 6) defendants' motion to preclude evidence of defendants' prior bad acts reflected in the CCRB documents and the Miller written deposition materials is granted, with the exception of the Iliadis Interview, the Dunston Mem orandum, and the Hanley Report (respectively, Bates Nos. 1250-52, 2347-48 and 3121-3123).The parties shall check-in with chambers and appear in-person for a final pretrial conference on May 22, 2009 at 10:00 a.m. in Courtroom 11D. The parties are re minded to bring two courtesy copies of all pre-marked trial exhibits for the court. By May 26, 2009, the parties shall submit, via ECF, supplemental jointly proposed jury instructions consistent with this Order and the court's Order of May 20, 2009. See Attached Order. Ordered by Judge Kiyo A. Matsumoto on 5/21/2009. (Maxwell, Jill)
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Filing
227
ORDER granting in part and denying in part 185 Motion for Sanctions: plaintiffs' spoliation motion and motion for sanctions due to failure to produce certain documents are denied in part and granted in part as follows: (A) Plaintiffs' spo liation motion regarding defendant White's memo book is granted. An adverse inference that defendant White was present at the July 2002 incident is permitted. Plaintiffs' spoliation motion regarding radio communications and related docume nts and the memo books of defendants Miller, Dunston, Hernandez, Coleman, and Brill is denied. (B) Plaintiffs' motion to reopen discovery and take an expedited deposition of Dr. Weintrob at defendants' expense is granted. The deposition s hall not exceed four (4) hours and shall be limited in scope to Dr. Weintrob's disclosures pursuant to Fed. R. Civ. P. 26(a)(2)(B)(v) and (vi). (C) Plaintiffs' motion for sanctions due to alleged non-disclosure of evidence concerning a 198 9 incident involving defendant Miller is denied.The parties shall check in with chambers and then appear for a final pre-trial conference on May 22, 2009 at 10:00 a.m. in courtroom 11D. The parties are reminded to bring two courtesy copies of all pre-marked trial exhibits to the pre-trial conference. Ordered by Judge Kiyo A. Matsumoto on 5/20/2009. (Maxwell, Jill)
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