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Forte v. McNellis, 16 Civ. 0560. (2020)

Court: District Court, S.D. New York Number: infdco20200107766 Visitors: 14
Filed: Jan. 02, 2020
Latest Update: Jan. 02, 2020
Summary: ORDER VERNON S. BRODERICK , District Judge . Upon full discussion with counsel for the parties hereto and upon the consent of all parties, and it appearing that the files and records maintained by the Courts, Police Agencies, and the Office of the Westchester County District Attorney concerning the arrest of Plaintiff DANIEL FORTE on April 24, 2013 and the prosecution resulting therefrom are material and necessary to the issues in this action it is hereby ORDERED that said files and records
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ORDER

Upon full discussion with counsel for the parties hereto and upon the consent of all parties, and it appearing that the files and records maintained by the Courts, Police Agencies, and the Office of the Westchester County District Attorney concerning the arrest of Plaintiff DANIEL FORTE on April 24, 2013 and the prosecution resulting therefrom are material and necessary to the issues in this action it is hereby ORDERED that said files and records previously sealed pursuant to Section 160.50 of the Criminal Procedure Law be made available for inspection of and reproduction by counsel listed below and that all Courts, Police Agencies and the Office of the District Attorney of Westchester County in possession of said material shall, upon request and payment of appropriate fees, produce said materials to the following:

Lewis David Zirogiannis, Esq. Nicole Lapsatis Lech, Esq. Reed, Smith LLP Attorneys for Plaintiff 599 Lexington Avenue New York, New York 10022-7650 (212)-837-6000 Daniel Guillermo Saavedra, Esq. Assistant Corporation Counsel Special Federal Litigation New York City Law Department Attorneys for Defendants City of New York, Detectives McNellis and Garrity 100 Church Street, Room 3-151 New York, New York 10007 (212)-356-0892 John J. Walsh, Esq. Hodges Walsh & Burke, LLP Attorneys for Defendants The City of White Plains, Police Officers Tallevi and Cunningham 55 Church Street, Suite 211 White Plains, New York (914) 385-6000

It is further ORDERED that materials related to the work product of the Office of the District Attorney of Westchester County; materials reflecting testimony provided and exhibits viewed by a Grand Jury, if any; and Criminal History Reports, are NOT subject to disclosure pursuant to this Order.

It is further ORDERED that said records and materials as provided are subject to redaction of Social Security or taxpayer-identification numbers; dates of birth; and names of minor children; pursuant to Fed. R. Civ. P. 5.2, and Fed. R. Crim. P. 49.1, This requirement applies to all documents, including attachments.

SO ORDERED.

Source:  Leagle

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