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Stinson v. City of New York

United States District Court, S.D. New York

September 23, 2014

SHARIF STINSON, et al., Plaintiffs,
v.
CITY OF NEW YORK, et al., Defendants.

COHEN & FITCH LLP, Gerald M. Cohen, Esq., Joshua P. Fitch, Esq., New York, NY, THE LAW OFFICES OF JON L. NORINSBERG, ESQ., Jon L. Norinsberg, Esq., New York, NY, QUINN EMANUEL URQUHART & SULLIVAN, LLP, Stephen R. Neuwirth, Esq., Steig D. Olson, Esq., New York, NY, Attorneys for the Plaintiffs.

ZACHARY W. CARTER Qiana C. Smith-Williams, Esq., CORPORATION COUNSEL OF THE CITY OF NEW YORK, New York, NY, Attorneys for the Defendants.

DECHERT, LLP, Edward A. McDonald, Esq., New York, NY, Attorneys for Patrick Lynch and Police Patrolmen's Benevolent Association of the City of New York, Inc.

OPINION

ROBERT W. SWEET, District Judge.

Non-party Patrick Lynch ("Lynch"), the President of the Patrolmen's Benevolent Association of the City of New York, Inc. ("PBA"), also a non-party, has moved pursuant to Federal Rule of Civil Procedure 45 (d) (3) (A) (iv) to quash the subpoena Plaintiffs have served on him for testimony as a deposition on September 29, 2014.

Based on the conclusions set forth below the motion is denied.

Prior Proceedings

The subpoena was issued on August 14, 2014 and called for the deposition of Lynch. The underlying action is described in the Court's April 23, 2012 opinion. See Stinson v. City of New York, 282 F.R.D. 360 (S.D.N.Y. 2012).

The instant motion to quash the subpoena was heard and fully submitted on September 17, 2014.

The Motion to Quash Is Denied

The Plaintiffs have cited a number of public statements made by Lynch as the PBA President on the subject of quotas for summons alleged to have been imposed by the New York Police Department.

The basis for these statements and communications with others concerning quotas or summons may lead to admissible evidence and are properly discoverable.

It is so ordered.


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