UNITED STATES DISTRICT COURT

 SOUTHERN DISTRICT OF NEW YORK

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GINA ANNE NOEL PANE,

Case Number:

Plaintiff, 07 CV 3216

(WP4) (LMS)

-againstTHE TOWN OF GREENBURGH, JOHN KAPICA,

in his capacity as CHIEF OF THE GREENBURGH TOWN DEFENDANT’S

NEW YORK POLICE DEPARTMENT, ERIK WARD, SECOND DEMAND 

POLICE OFFICER MICHAEL MUESSER, SERGEANT FOR DOCUMENTS

ROBERT GRAMAGLIA, SERGEANT FRANCIS 

PUMILLO, DETECTIVE FERTIG, JOHN DOE

POLICE OFFICERS 1-10, SO NAMED Assigned Judge:

AS THEIR IDENTITIES HAVE YET TO Hon Lisa Margaret Smith

BE ESTABLISHED U.S.M.J.

 

 

Defendants.

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PLEASE TAKE NOTICE that pursuant to Rules 26 and 34 of the Federal Rules of

Civil Procedure, defendants, TOWN GREENBURGH, and JOHN KAPICA (hereinafter

collectively referred to as "Town Defendants") by their attorneys STECICH MURPHY &

LAMMERS, L.L.P., hereby requests that plaintiff serve a written response to these

requests within thirty (30) days of the date of service.

Case 7:07-cv-03216-LMS Document 47 Filed 05/15/2008 Page 1 of 6
 DEFINITIONS AND INSTRUCTIONS

I. For purposes of this document, request, the terms "Town Defendants",

shall mean John Kapica and the Town of Greenburgh, as well as any of its officers,

directors, employees, or other agents, any of its divisions, operating groups or units, and

any of its corporate parents, affiliates or subsidiaries.

ii. The terms "plaintiff" or “Gina Anne Noel Pane" shall be deemed to

include Gina Anne Noel Pane, as well as any of her agents, representatives, attorneys or

assigns, or any other person acting at her direction or on her behalf.

iii."Document" means (a) "document" as that term is used in Rule 34 of the

Federal Rules of Civil Procedure and (b) "writings" and "recordings" as those terms are

used in Rule 1001(a) of the Federal Rules of Evidence. "Document" also means a

"duplicate" of a "document" as that term is used in Rule 101(d) of the Federal Rules of

Evidence.

iv "Employment" as used herein shall include any job, position, function, or

responsibility for which plaintiff would expect to receive or received compensation

including consulting, advising and self-employment.

v. In responding to this request, all requested documents in plaintiff's

possession, custody or control are to be produced. This includes documents in the

possession, custody or control of plaintiff's attorneys or their investigators or of any third

party or parties to whom plaintiff has surrendered possession, custody or control, or who

are acting on plaintiff's behalf, or who have otherwise obtained possession, custody or

Case 7:07-cv-03216-LMS Document 47 Filed 05/15/2008 Page 2 of 6
control, or who upon plaintiff's request, would surrender possession, custody or control to

her.

vi Each request herein for documents to be produced contemplates

production of the document in its entirety, without abbreviation or expurgation. If

plaintiff is unable to produce a complete version of a document, so state in writing and

produce whatever portion of said document that she is able to produce, specifying his

inability to produce the remaining portion of said document and stating whatever

information or knowledge he has concerning the documents he is unable to produce

including, but not limited to, the content of such document. If any such document was,

but is no longer in plaintiff's possession, custody or control, state what disposition was

made of it, the individual or entity currently in possession of the document and the reason

for such disposition.

vii In the event that any document called for by this request has been

destroyed, that document is to be identified in writing as follows: addressor, addressee,

indicated or blind copies, date, subject matter, number of pages, attachments, exhibits or

appendices, al persons to whom distributed, shown, explained or discussed, date of

destruction, manner of destruction, person who authorized destruction and person who

destroyed the document.

viii The term "communication" means the transmittal of information (in the

form of facts, ideas, inquiries or otherwise).

ix The term "concerning" means relating to, referring to, describing,

evidencing or constituting.

Case 7:07-cv-03216-LMS Document 47 Filed 05/15/2008 Page 3 of 6
x The following rules of construction apply to all discovery requests: the

terms "all" and "each" shall be construed as all and each.

xi The connectives "and" and "or" shall be construed either disjunctively

or conjunctively as necessary to ring within the scope of the discovery request all

responses that might otherwise be construed to be outside of its scope. The use of the

singular form of any word includes the plural and vice versa.

xii Where a claim of privilege is asserted in objecting to any document

demand, or sub-part thereof, and an answer is not provided on the basis of such assertion,

please (a) identify the nature of the privilege which is being claimed and if the privilege is

being asserted in connection with a claim or defense governed by state law, indicate the

state's privilege rule being invoked; and (b) provide the following information: (I) the

type of document; (ii) general subject matter of the document; (iii) the date of the

document; and (iv) such other information as is sufficient to identify the document for a

subpoena duces tecum, including, where appropriate, the author of the document, the

addressee of the document, and, where not apparent, the relationship of the author and

addressee to each other.

xiii This document request is continuing and requires further and

supplemental production of all responsive documents which are obtained after the date of

the initial production.

Case 7:07-cv-03216-LMS Document 47 Filed 05/15/2008 Page 4 of 6
DOCUMENT REQUESTS

1. Any and all documents prepared in connection with plaintiff’s request for,

consent to, or acceptance of an Adjournment in Contemplation of Dismissal in connection

with any charges brought in the Town of Greenburgh Justice Court, including affidavits,

returns and any copies of correspondence to the court or the Westchester County District

Attorney’s Office, made in connection with any case pending before that court. 

2. Copies of any and all transcripts of any proceedings held in connection with

plaintiff’s prosecution in the Greenburgh Town Justice Court.

3. Copies of all correspondence sent to or received from the New York State

Attorney General’s Office in connection with the complaint herein, or any advisal to the

Attorney General of the plaintiff’s action or any complaint about the treatment that

Plaintiff received as a result of the conduct alleged in the Complaint. 

Dated: Tarrytown, New York

 May 14, 2008

 MURPHY STECICH & POWELL, LLP

Attorneys for the Town of Greenburgh

and John Kapica

 S/ 

Brian D. Murphy (BDM 1017)

828 South Broadway, Suite 300

Tarrytown, New York 10591

(914) 674-4100

Case 7:07-cv-03216-LMS Document 47 Filed 05/15/2008 Page 5 of 6
To: Law Offices of Ravi Batra, P.C.

 Counsel for Plaintiff

 The Batra Building

 142 Lexington Avenue

 New York, New York 10016

Thomas J. Troetti, Esq.

 305 Old Tarrytown Road

White Plains, New York 10603-2825

Quinn & Mellea, LLP

Attn: Andrew Quinn, Esq.

Counsel for Erik Ward

399 Knollwood Road

White Plains, New York 10603-1931

Case 7:07-cv-03216-LMS Document 47 Filed 05/15/2008 Page 6 of 6