JOEL KOSH, ESQ.
`(718) 620-1061 (office)
`(718) 620-1002 (fax)
`jkosh@law.nyc.gov
`
`
`
`
`P R E S E N T :
`
`HONORABLE __________________________18, J.S.C.
`
`-----------------------------------------------------------------------
`JOSE LASALLE
`
`At IAS PART 33 of the Supreme Court of
`the State of New York, held in and for the
`County of Bronx at the courthouse located at
`851 Grand Concourse, Room
`707,
`Bronx, NY, 10451 on the _____ day of
`______________18, 2018.
`
`
`
`
`
`-against-
`
`Plaintiff,
`
`
`
`
`
`
`THE CITY OF NEW YORK; POLICE OFFICER FELIX
`BAEZ, TAX ID # 953654, INDIVIDUALLY AND AS A
`POLICE OFFICER POLICE OFFICER ELVIS DURAN,
`SHIELD # 21865, INDIVIDUALLY AND AS A POLICE
`OFFICER; DET. JUAN TEJERA, TAX ID # 919967, MTS
`DET. SQUAD, INDIVIDUALLY AND AS A POLICE
`OFFICER; SGT. MIGUEL FRIAS, TAX ID # 930184,
`INDIVIDUALLY AND AS A POLICE OFFICER;
`ASSISTANT CHIEF, LARRY W. NIKUNEN,
`COMMANDING OFFICER BOROUGH BRONX, TAX ID #
`882753, INDIVIDUALLY AND AS A POLICE OFFICER; LT.
`ERIC DYM, TAX ID # 933762, INDIVIDUALLY AND AS A
`POLICE OFFICER; DEPUTY INSPECTOR JERRY P.
`O’SULLIVAN, COMMANDING OFICER, PSA 7, TAX ID #
`902151, INDIVIDUALLY AND AS A POLICE OFFICER; LT.
`JOE DOE, IDENTITY PRESENTLY UNKNOWN,
`INDIVIDUALLY AND AS POLICE OFFICER; SGT. JIM
`DOE, IDENTITY PRESENTLY UNKKNOWN,
`INDIVIDUALLY AND AS POLICE OFFICER; P.O. JOHN
`DOES # 1-10, IDENTITIES PRESENTLY UNKNOWN,
`INDIVIDUALLY AND AS POLICE OFFICERS
`
`
`Defendants.
`
`
`-----------------------------------------------------------------------
`
`
`
`1
`
`x
`
`
`
`
`
`
`ORDER TO SHOW CAUSE
`
`Index No.: 23941/2017E
`
`Law Dep’t No.: 2016-037992
`
`
`
`
`x
`
`
`(718) 620-1061 (office)
`(718) 620-1002 (fax)
`jkosh@law.nyc.gov
`
`
`
`
`P R E S E N T :
`
`HONORABLE __________________________18, J.S.C.
`
`-----------------------------------------------------------------------
`JOSE LASALLE
`
`At IAS PART 33 of the Supreme Court of
`the State of New York, held in and for the
`County of Bronx at the courthouse located at
`851 Grand Concourse, Room
`707,
`Bronx, NY, 10451 on the _____ day of
`______________18, 2018.
`
`
`
`
`
`-against-
`
`Plaintiff,
`
`
`
`
`
`
`THE CITY OF NEW YORK; POLICE OFFICER FELIX
`BAEZ, TAX ID # 953654, INDIVIDUALLY AND AS A
`POLICE OFFICER POLICE OFFICER ELVIS DURAN,
`SHIELD # 21865, INDIVIDUALLY AND AS A POLICE
`OFFICER; DET. JUAN TEJERA, TAX ID # 919967, MTS
`DET. SQUAD, INDIVIDUALLY AND AS A POLICE
`OFFICER; SGT. MIGUEL FRIAS, TAX ID # 930184,
`INDIVIDUALLY AND AS A POLICE OFFICER;
`ASSISTANT CHIEF, LARRY W. NIKUNEN,
`COMMANDING OFFICER BOROUGH BRONX, TAX ID #
`882753, INDIVIDUALLY AND AS A POLICE OFFICER; LT.
`ERIC DYM, TAX ID # 933762, INDIVIDUALLY AND AS A
`POLICE OFFICER; DEPUTY INSPECTOR JERRY P.
`O’SULLIVAN, COMMANDING OFICER, PSA 7, TAX ID #
`902151, INDIVIDUALLY AND AS A POLICE OFFICER; LT.
`JOE DOE, IDENTITY PRESENTLY UNKNOWN,
`INDIVIDUALLY AND AS POLICE OFFICER; SGT. JIM
`DOE, IDENTITY PRESENTLY UNKKNOWN,
`INDIVIDUALLY AND AS POLICE OFFICER; P.O. JOHN
`DOES # 1-10, IDENTITIES PRESENTLY UNKNOWN,
`INDIVIDUALLY AND AS POLICE OFFICERS
`
`
`Defendants.
`
`
`-----------------------------------------------------------------------
`
`
`
`1
`
`x
`
`
`
`
`
`
`ORDER TO SHOW CAUSE
`
`Index No.: 23941/2017E
`
`Law Dep’t No.: 2016-037992
`
`
`
`
`x
`
`
`
`PLEASE TAKE NOTICE, that upon the annexed Affirmation of JOEL KOSH in
`
`Support affirmed on June 18, 2018, all exhibits annexed thereto, and all of the papers, pleadings
`
`and proceedings heretofore had and filed herein, and sufficient cause having been shown,
`
`
`
`LET the Plaintiff JOSE LASALLE or Plaintiff’s attorney (“Plaintiff”), appear and show
`
`cause before this Court at the Courthouse located at 851 Grand Concourse, Room 707, Bronx,
`
`New York, on the ____ day of ________________18, 2018, at 9:30 o’clock in the forenoon of
`
`that day, or as soon thereafter as counsel can be heard,
`
`WHY an order should not be made pursuant to Section 3103 of the Civil Practice Laws
`
`and Rules (“CPLR”):
`
`(1) vacating the Preliminary Conference Order, dated May 2, 2018 (the “Order“), insofar as
`
`it requires Defendants to produce:
`
`(a) the affidavit in support of a search warrant as it was sealed by the issuing court;
`
`(b) monthly stop, question and frisk reports for 2014-2016 of PO Felix Baez, PO
`
`Elvis Duran, and Sgt. Miguel Frias since these records are irrelevant because
`
`plaintiff does not allege he was stopped and questioned; and
`
`(c) Police Service Area 7 stop and frisk reports for 5 year period preceding this
`
`incident for the same reasons stated above;
`
`(d) “call log from the precinct to members of District Attorney Office” as there are no
`
`such logs or records maintained by Defendants;
`
`(e) “communication log with members of the Bronx District Attorney’s office” as
`
`there are no such logs or records maintained by Defendants; and
`
`(2) modifying Defendants’ obligation pursuant to the Order insofar as it requires them to
`
`produce:
`
`
`
`2
`
`
`
`(a) “reports generated by [Lt. Eric] Dym, [Assistant Chief Larry] Nikunen, and/or
`
`[Deputy Inspector Jerry] O’Sullivan” by limiting the time period and clarifying
`
`the nature of the vague term “reports” to be searched for;
`
`(b) “complete Civilian Complaint Review Board and Internal Affairs Bureau files for
`
`the subject incident” by permitting Defendants to withhold voting sheets
`
`privileged under the deliberative process privilege and ordering all produced
`
`records to be deemed confidential and subject to use only in this litigation; and
`
`(3) in the alternative, if this Court does not vacate and/or modify the Order as requested
`
`above, this Court should bificurate Plaintiff’s 42 U.S.C. § 1983 claim for municipal
`
`liability against the City of New York and stay all Monell discovery until if and when
`
`liability for an underlying constitutional violation is established at trial in the interest of
`
`judicial economy, to avoid burdensome discovery and potential prejudice to the
`
`individual officers;
`
`(4) extending the time by which Defendants must comply with those components of the
`
`Order Defendants seek to vacate and/or modify to 60 days from the resolution of this
`
`motion; and
`
`(5) granting for such other and further relief as this Court may deem just and proper.
`
`PENDING THE RESOLUTION OF THIS MOTION IT IS ORDERED THAT, the
`
`Order is stayed insofar as it requires disclosure of the:
`
`(1) affidavit in support of a search warrant;
`
`(2) monthly stop and frisk reports for 2014-2016 of PO Felix Baez, PO Elvis Duran, and
`
`Sgt. Miguel Frias;
`
`(3) Police Service Area 7 stop and frisk reports for 5 year period preceding this incident;
`
`
`
`3
`
`
`
`(4) reports generated by Lt. Eric Dym, Assistant Chief Larry Nikunen, and/or Deputy
`
`Inspector Jerry O’Sullivan;
`
`(5) call log from the precinct to members of District Attorney Office;
`
`(6) communication log with members of the Bronx District Attorney’s office; and
`
`(7) complete Civilian Complaint Review Board and Internal Affairs Bureau files for the
`
`subject incident.
`
`SUFFICIENT REASONING APPEARING THEREFORE, let personal service of a
`
`copy of this Order to Show Cause, together with a copy of the papers upon which it was granted,
`
`upon Plaintiff’s counsel EMDIN & RUSSELL, LLP, located at 499 Seventh Avenue, 12N, New
`
`York, New York 10018 on or before the ___ day of ______18, 2018 be deemed good and
`
`sufficient service.
`
`The above-entitled action is for personal injuries. No previous application for the relief
`
`sought herein has been made.
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`ENTER
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`__________________________________
`J.S.C.
`
`
`
`4
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`
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