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06-2842 - Heller v. City of New York et al


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06-2842 - Heller v. City of New York et al
April 11, 2008
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REPORT AND RECOMMENDATION. Plaintiffs motion seeking a protective order to prevent further discovery related to Dr. Rose and to quash the subpoena served on Dr. Rose by defendants counsel is hereby DENIED. Plaintiffs motion to preclude the use of Dr. Roses file at trial is denied without prejudice to renew at the time of trial. Plaintiffs request for a protective order preventing the disclosure of Ms. Netachs personal information is hereby DENIED. Objections to R&R due by 4/25/2008. Ordered by Magistrate Judge Cheryl L. Pollak on 4/11/08. (Caggiano, Diana)
April 18, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS Plaintiff relies on a claimed Fifth Amendment violation as the basis for exclusion of the testimony. The Fifth Amendment affords no basis for excluding the evidence in this action. Therefore, the motion is denied. Ordered by Judge Nina Gershon on 4/16/08.. Ordered by Judge Nina Gershon on 4/16/08. (Sica, Michele)
July 31, 2008
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ORDER denying 102 Motion to Quash: Having reviewed CCRB Investigator Alexander DeSantis' notes in camera, the Court finds no basis on which to deny plaintiff access to these notes. Accordingly, defendants are to produce these notes to plaintiff by close of business tomorrow, August 1, 2008. Nor is there any basis to limit the depositions of DeSantis and the CCRB Custodian of Records as suggested by defendants. However, plaintiff may not inquire into other specific investigations conducted by DeSantis apart from the one at issue here. In light of the exigent circumstances present in this case due to the inconvenience to DeSantis that will arise if his deposition does not go forward in the next week, the parties are directed to contact chambers by telephone if they have further questions or concerns regarding the permissible limits of the depositions of DeSantis and the CCRB Custodian of Records. Ordered by Magistrate Judge Cheryl L. Pollak on 7/31/08. (Harrington, Tim)
August 1, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 93 Report and Recommendations; The decision of Mag Pollak is adopted. In sum, Mag Pollak's R&R is adopted in its entirety and plaintiff's application are denied. Ordered by Judge Nina Gershon on 8/1/08. (Fernandez, Erica)