Legal Document: Edwardo Calderon v. City Of New York, New York City Police Department, Police Officer Xavier Marcus, Police Officer John Doe, Police Officer John Roe

On November 02, 2023 a ORDER - CASE MANAGEMENT - ORDER - CITY CASES DATED 1/24/2024 was filed involving a dispute between Edwardo Calderon, and City Of New York, New York City Police Department, Police Officer John Doe, Police Officer John Roe, Police Officer Xavier Marcus, for Torts - Other (FALSE ARREST) in the District Court of Bronx County.

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FILED: BRONX COUNTY CLERK 01/24/2024 03:56 PM INDEX NO. 817343/2023E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/24/2024

SUPREME COURT OF THE STATE OF NEW YORK
851 Grand Concourse
Bronx, New York 10451

DIFFERENTIATED CASE MANAGEMENT PROGRAM

PRESENT: MITCHELL J. DANZIGER, Justice Part IA - 3/33
Index No.: 817343/2023E
C.C.T.T. No.: 2023-100966
_____________________________________________________
CALDERON, EDWARDO

-against -

CITY OF NEW YORK et al
_____________________________________________________

CASE SCHEDULING ORDER - CITY CASES

A request for a preliminary conference having been filed or the court having acted on its own initiative,
IT IS HEREBY ORDERED that this case is designated a Standard matter pursuant to Uniform Rule
§202.19(b) and disclosure not already furnished shall proceed in accordance with the deadlines set forth below.
However, a party claiming to be prejudiced by this Order may seek a modification of the Standard matter designation
or the schedule by contacting the Senior Court Clerk, Ramon Medina (by email:
bxcitycasesorders@nycourts.gov phone 718 618-1824, or fax 718 618-5687) within 20 DAYS FROM THE
DATE OF THIS ORDER. The Court Clerk will provide an opportunity to the parties to be heard on the request at
a court conference and the court will take such action as is appropriate. Failure to contact the Court Clerk in a timely
manner shall constitute a waiver of any objection to the designation or schedule. The parties shall not contact the
Justice assigned.

1. Notification: After this Case Scheduling Order has been signed, it will be posted to the New York State Courts
Electronic Filing System (“NYSCEF”) if this is an e-filed case. All e-filing counsel are expected to monitor the
NYSCEF docket and their e-mail addresses for access to this Order and other e-filings in the case. I f this is a
hard-copy case, a copy of this Order will be posted on the Bronx County Clerks website, which is accessible at
no charge on the county clerk’s website, www.bronxcountyclerkinfo.com/law

2. I nsurance Coverage: The defendant City of New York and any other defendant represented by Corporation
Counsel are uninsured. All defendants (if applicable), excluding the City shall furnish to all parties evidence of
primary and excess coverage and Certificate of Insurance within 30 days from the date of this Order.

3. B ill of Particulars: If not previously served, plaintiff is to serve all parties with a bill of particulars within 30
days of this Order. Any party seeking additional particulars (including as to affirmative defenses, if any) shall
serve a demand for a bill within 21 days from the date of this Order. The party receiving the demand shall serve
a verified bill of particulars within 60 days from the date of this Order.

4. Medical Records and Authorizations:
(a) Plaintiff(s) shall provide authorizations to obtain copies of the actual records of all treating and examining health
care providers, including diagnostic tests, x-rays, MRIs, EMGs, CT Scans, for injuries specified in the
bill of particulars, within 30 days from the date of this Order.
(b) Plaintiff(s) shall provide an authorization for collateral source information, if any, within 30 days from the date of
this Order.
(c) If plaintiff is claiming a loss of income or wages, within 30 days from the date of this Order, plaintiff shall
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provide authorizations for W-2 forms or employment records for the year of, year before and year after the date of the
alleged accident, as well as for the period of time lost from work as a result of the alleged accident, or IRS records if
provided by law.
(d) If plaintiff was a student at the time of the alleged accident, within 30 days from the date of this Order, plaintiff
shall provide an authorization for school attendance records for the period of time lost from school
as a result of the alleged accident.
(e) For cases alleging police misconduct including false arrest, malicious prosecution or excessive force, IT IS
HEREBY ORDERED by this court that all records maintained by law enforcement agencies, criminal courts, and/or
district attorney’s offices in relation to the underlying incident are hereby unsealed, and all governmental agencies,
bodies and employees having custody of any records are permitted to release such records to the Office of the
Comptroller or the Office of the Corporation Counsel of the City of New York, or its authorized agent or employee.
This Order specifically authorizes the New York City Police Department; the relevant District Attorney’s Office; the
relevant New York State Supreme Court, Criminal Term; and the relevant New York City Criminal Court to disclose
any and all records in their possession relating to the underlying arrest and/or prosecution to the Office of the
Corporation Counsel of the City of New York, or its authorized agent or employee. Corporation Counsel of the City
of New York shall provide copies of such records to the plaintiff within 30 days of receipt.

5. Depositions:
(a) The depositions of all parties shall be as follows: P EBT 6/10/2024, City EBT 6/17/2024, CoD EBT . Plaintiff is
to contact the Office of the Corporation Counsel for the location of the depositions, which are to be conducted remotely
during the pendency of the pandemic, or in-person at the Office of Corporation Counsel, 260 E. 161st Street, once such
office has been reopened for this purpose. Absent prior court approval, any EBT which is not held as scheduled in this
Order must be promptly rescheduled for a date which is not later than 60 days after the original date.
(b) Defendant(s)' right to a further deposition of plaintiff(s) is reserved as to any new injuries or damages claimed in
any supplemental bill of particulars served by plaintiff(s) following the plaintiff 's deposition.

6. Physical Examination:
(a) A physical examination of the plaintiff(s) shall be noticed within 60 days after the completion of the
examination before trial of the plaintiff(s) and conducted within 60 days of such notice.
(b) A copy of the physician's report shall be furnished to plaintiff(s) within 45 days after the examination.
(c) Defendant(s)' right to a further physical examination is reserved as to any new injuries claimed in any supplemental
bill of particulars served by plaintiff(s).

7. Other Disclosure:
(a) All parties shall provide the names and addresses of any witnesses to the occurrence and notice witnesses; accident
reports; party statements; photographs; and video footage taken in the ordinary course of business and/or to be
presented at trial, within 90 days from the date of this Order.
(b) All parties shall supply expert witness disclosure pursuant to the CPLR.
(c) All defendants other than those listed in Item 7(d) shall, within 90 days from the date of this Order, provide
to all parties copies of maintenance and repair records for 2 years prior to and including the date of the occurrence.
(d) The City of New York and/or other defendants represented by Corporation Counsel, if any, shall provide the
following Additional Disclosure to all parties within 90 days from the date of this Order, subject to the date and location
specified in the notice of claim:

Refer to the following Action Type for the additional disclosure required:
CASES INVOLVING ALLEGATIONS OF POLICE MISCONDUCT
Slip and Fall Cases (Department of Sanitation):
i. District Operation Log (carting book) for period of two weeks prior to and including the date of
occurrence;
ii. District Snow Operation Book for the above period of time;
iii. Snow Removal Operation Report (SR-2) and spreading or plowing operation card for the above period
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of time, if the occurrence took place in the roadway.
Trip and Fall Cases (Department of Transportation):
i. Applications for permits and permits for 2 years prior to, and including, the date of occurrence;
ii. Cut forms, repair orders and repair records for 2 years prior to, and including, the date of occurrence;
iii. Violations issued for 2 years prior to, and including, the date of occurrence;
iv. A copy of the title and signature pages, and insurance declaration sheets and/or certificates, for all contracts
in effect for two years prior to, and including, the date of occurrence;
v. Contracts and all related contract documents (i.e. progress reports) for two years prior to, and including, the date
of occurrence will be made available for inspection and copying at either the Office of the Corporation Counsel
designated by said Counsel, or the appropriate City agency, upon a mutually convenient appointment, but in no
event more than 90 days hereafter or after a subsequent request for same by plaintiff;
vi. Complaints made for 2 years prior to, and including, the date of occurrence;
vii. A copy of the most recent Big Apple Pothole and Sidewalk Protection Corporation map filed for the area in
issue and, if the incident at issue occurred six months or less after the filing of the most recent such map, then the
City shall also produce the last such map filed before the most recent such map for that location.

Trip and Fall Cases (Tree Well) (Department of Parks):
i. Applications for permits and permits for 2 years prior to, and including, the date of occurrence;
ii. Repair orders and repair records for 2 years prior to, and including, the date of occurrence;
iii. Violations issued for 2 years prior to, and including, the date of occurrence;
iv. Complaints made for 2 years prior to, and including, the date of occurrence.

Cases involving allegations of defective traffic signals (DOT):
i. Maintenance and repair records for 30 days prior to, and including, date of occurrence;
ii. Complaints made for 30 days prior to, and including, date of occurrence;
iii. The name and addresses of the contractor responsible for maintenance of the traffic signals on date of the
occurrence;
iv. A copy of title and signature pages, and insurance declaration sheets and/or certificates, for all contracts in effect
for two years prior to, and including, the date of the occurrence;
v. Contracts and all related contract documents (i.e., progress reports) for two years prior to, and including, the
date of the occurrence will be made available for inspection and copying at either the Office of the Corporation
Counsel designated by said Counsel, or the appropriate City agency, upon a mutually convenient appointment,
but in no event more than 90 days hereafter or after a subsequent request for same by plaintiff.

Cases involving allegations of police misconduct:
The City will provide the following within 90 days from the date of this order or within 60 days of receipt of the
records as outlined in Section 4(e):
i. Complaint Report;

ii. Complaint Follow Up Report(s);
iii. Arrest Report;
iv. Memo Book entries for incident in question;
v. On-line Booking Sheet;

ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED:

vi. Copies of the applicable Patrol Guide shall be made available by the City for inspection and copying
within 90 days from the date of this Order;
vii. Copies of all 911 tapes, if still in existence, and all sprint printouts for any 911 calls and radio
transmissions related to the events of the action.

Inmate assault cases (Department of Correction):
i. Department of Correction incident report, subject to redaction of privileged information, including any
information regarding criminal acts of other inmates and/or personal information regarding DOC employees;
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ii. Injury to inmate report (within 90 days after receipt of an authorization from plaintiff);
iii. In camera review of redactions to be made upon request of plaintiff's attorney.

Premises Liability Cases:
i. Departmental accident/incident report from respective City agency;
ii. For non-transitory conditions (including recurrent condition), maintenance and repair records and written
complaints regarding the condition complained of for 18 months prior to and including the date of occurrence;
iii. For transitory conditions, maintenance records and written complaints regarding the condition complained
of for one month prior to and including the date of the occurrence;
iv. If applicable, lease and/or sublease for the City-owned building.

Department of Education Cases:
i. Department of Education Comprehensive Accident Report for the occurrence, subject to redaction of privileged
information pursuant to the Family Education and Privacy Act, 20 U.S. Code Ch. 31. Extent and nature of the
redaction, if questioned, are subject to motion under the statute;
ii. Witness statements, subject to redaction of privileged information pursuant to the Family Education and Privacy
Act. Extent and nature of the redaction, if questioned, are subject to motion under the statute;
iii. For non-transitory conditions (including recurrent conditions), maintenance and repair records, written
complaints and, to the extent applicable, related contracts for the situs of plaintiff's accident, regarding the
condition complained of for 18 months prior to, and including, the date of occurrence.
iv. For transitory conditions, maintenance records and written complaints regarding the condition complained of
for two months prior to, and including, the date of the occurrence.
v. Defendants shall furnish to the court the records for all students alleged to be involved in an incident/accident
for an in camera inspection within 60 days from the date of this Order.

Motor vehicle accidents involving City-owned vehicles:
i. Departmental Accident Report from respective City agency;
ii. Maintenance and repair records for the department vehicle involved for one year prior to, and including, the
date of the occurrence, if a vehicular defect is alleged in either the departmental accident report or the MV-
104;
iii. Photos of damage to City vehicle;
iv. Record regarding post-accident repairs shall be supplied by the City unless determined by the court not to be
relevant an issue in the case.

Department of Environmental Protection Cases:
i. Accident/Incident report for the occurrence, including any photos;
ii. Applications for permits and permits for two (2) years prior to, and including, the date of occurrence;
iii. Repair orders for two (2) years prior to, and including, the date of occurrence;
iv. Complaints made for two (2) years prior to, and including, the date of occurrence.

7. O ther Disclosure (CONTINUED):
(e) Surveillance videos to be provided in accordance with CPLR §3101(i).
(f) Any party who wishes to obtain prior notices of claim, pursuant to GML §50-g, may do so by contacting the
Division Chief of Claims Support at (212) 669-4118 to set up an appointment to search the index maintained at 1
Centre Street, New York, New York.
(g) The New York City Police Department no longer maintains MV-104s beyond 30 days for accidents
occurring after April 15, 1995.
(h) All searches shall be conducted based upon the date and location as described in the notice of claim.

8. Third-Party Actions/Impleader: Shall be completed within 60 days of the last Examination Before Trial.

9. Compliance Conference: Shall be held in-person on: 6/25/2024
10. Note of Issue Date: Shall be filed upon the completion of all discovery.
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11. Plaintiff shall, within 15 days after the note of issue is filed and request from defense counsel is received, provide
HIPAA-compliant authorizations to defense counsel for medical records, to be attached to subpoenas directing
that those records be sent to the courthouse. If there is any dispute, it shall be promptly brought to the attention of
the Case Management Office for resolution.

12. Summary Judgment Motions: Shall be filed no later than 90 days after filing of the Note of Issue unless otherwise
directed by the court.

13. Summary Jury Trials: Parties are encouraged to consider a Summary Jury Trial. Summary Jury Trial Procedures
can be found at https://ww2.nycourts.gov/COURTS/12jd/BRONX/Civil/filingrules.shtml#summary

14. ADR: Parties are encouraged to utilize one of the various Alternative Dispute Resolution options available to
resolve the matter as early, equitably and efficiently as possible. Information regarding ADR can be found at
www.nycourts.gov/adr and by contacting Lisa Denig, ADR Coordinator, at ADR-12JD@nycourts.gov.

This Case Scheduling Order supersedes any and all prior combined demands, notices of discovery and
inspection, and discovery orders and is the singular governing discovery order to date.

If disputes arise about compliance with this Order, the parties shall promptly confer in an effort to resolve them.
If that effort fails, the parties or any party aggrieved shall, in advance of deadlines and prior to initiating motion practice,
bring the dispute to the attention of the Senior Court Clerk, Ramon Medina (not the assigned Justice), who will schedule
a conference shortly thereafter to resolve the dispute. The parties may adjourn the deadlines set forth in Items 5 through
8 above provided that all disclosure called for by this Order shall be furnished prior to the compliance conference set
forth in Item 9. The date of the compliance conference will normally not be adjourned and any adjournment requires
advance permission of the court. Absent good cause, failure to comply with this Order may result in the imposition of
penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of discovery,
preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees.

This constitutes the Order of the court.

Dated: 1/24/2024

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PART IA 33 ADDENDUM TO THE CASE SCHEDULING ORDER
In all cases against the City of New York, where an officer is named AND there is a cause of action pleaded for
negligent hiring, retention, and training AND/OR pursuant to 42 U.S.C. §1983, the City is ordered to exchange the following:
1. Personnel Files for the named officers
2. IAB Resumes for the named officers
3. CCRB histories for the named officers
4. Central Personnel Indexes for the named officers
These records are to span from the date of hire to the present. These records are subject to redaction of personal
identifying information, HIPAA protected information, and the information specified in Public Officers Law 89 2(b)i-v
ONLY. The Court need not conduct an in camera inspection of these documents. (Zhang v. City of New York, 198 A.D.3d 504
[1st Dept. 2021]).
Upon receipt of said documents, plaintiff may seek additional records related to any misconduct that is material to his
claims for negligent hiring and retention and his federal claims as against the named officers.
The City is ordered to provide the aforementioned discovery to the plaintiff within 120 days of this order. Should the
City be unable to produce said discovery within 120 days, the City shall, upon motion, seek an extension of time, prior to the
expiration of the 120 days. Said application shall include an affidavit and/or affirmation by a person with knowledge that
details the efforts made to comply, what remains outstanding, why they were unable to timely comply with the order, and
when such outstanding discovery will be obtained and turned over pursuant to CPLR §§2004 and/or 2005. Failure to timely
move for an extension prior to the expiration of the 120 period may result in the denial of any extension request made.
Per CPLR §3103, the Court may at any time on its own initiative…may make a protective order denying, limiting,
conditioning, or regulating the use of any disclosure device. Such order shall be designed to prevent unreasonable annoyance,
expense, embarrassment, disadvantage, or other prejudice to any person or the courts.
As such, plaintiff is to:
1. use the aforementioned discovery during the course of the within litigation for the within litigation ONLY,
2. may disclose the discovery to the plaintiff’s expert needed for litigation, but not to any other third-party,
3. shall not duplicate the discovery for any purpose other than one related to this litigation,
4. shall not publish the discovery by any means, including in Court filings, unless under seal, including deposition
transcripts.

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Case Info

Judge

Mitchell J Danziger Track Judge’s New Case

Case No.

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Document Filed Date

January 24, 2024

Case Filing Date

November 02, 2023

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Document for Edwardo Calderon v. City Of New York, New York City Police Department, Police Officer Xavier Marcus, Police Officer John Doe, Police Officer John Roe

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