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    Tiffany Letter To MJ Re Settlement Information (9.15.03)

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    Joanna Schwartz
    This letter from an attorney requests that the court compel the defendants to provide information about the source of funds used to satisfy a $200,001 settlement agreement. Specifically, the plaintiff's attorney seeks to determine whether the settlement was paid by the Village of Briarcliff Manor, and if so, whether the village received any consideration from the defendant in exchange. This information would be relevant to the village's defense that the defendant was not acting within the scope of his employment, and to assessing the credibility and potential bias of the defendant. The attorney argues this information is necessary to oppose the defendant's efforts to amend its legal response to the case.

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    Tiffany Letter To MJ Re Settlement Information (9.15.03)

    Uploaded by

    Joanna Schwartz
    2K views3 pages
    This letter from an attorney requests that the court compel the defendants to provide information about the source of funds used to satisfy a $200,001 settlement agreement. Specifically, the plaintiff's attorney seeks to determine whether the settlement was paid by the Village of Briarcliff Manor, and if so, whether the village received any consideration from the defendant in exchange. This information would be relevant to the village's defense that the defendant was not acting within the scope of his employment, and to assessing the credibility and potential bias of the defendant. The attorney argues this information is necessary to oppose the defendant's efforts to amend its legal response to the case.

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    Tiffany Letter to MJ re Settlement Information (9.15.03)

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    Tiffany Letter to MJ re Settlement Information (9.15.03)

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    This letter from an attorney requests that the court compel the defendants to provide information about the source of funds used to satisfy a $200,001 settlement agreement. Specifically, the plaintiff's attorney seeks to determine whether the settlement was paid by the Village of Briarcliff Manor, and if so, whether the village received any consideration from the defendant in exchange. This information would be relevant to the village's defense that the defendant was not acting within the scope of his employment, and to assessing the credibility and potential bias of the defendant. The attorney argues this information is necessary to oppose the defendant's efforts to amend its legal response to the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views3 pages

    Tiffany Letter To MJ Re Settlement Information (9.15.03)

    Uploaded by

    Joanna Schwartz
    This letter from an attorney requests that the court compel the defendants to provide information about the source of funds used to satisfy a $200,001 settlement agreement. Specifically, the plaintiff's attorney seeks to determine whether the settlement was paid by the Village of Briarcliff Manor, and if so, whether the village received any consideration from the defendant in exchange. This information would be relevant to the village's defense that the defendant was not acting within the scope of his employment, and to assessing the credibility and potential bias of the defendant. The attorney argues this information is necessary to oppose the defendant's efforts to amend its legal response to the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    The plaintiff's lawyer is requesting information from the court about the source of funds used to satisfy a $200,001 settlement and any agreements between the settling defendant and the village regarding this payment.

    The plaintiff is requesting an order from the court compelling the defendants to provide information about the source of funds used to pay the settlement, the circumstances of the payment, and any agreements between the settling defendant and the village regarding the payment.

    The plaintiff believes information about the source of settlement funds and any related agreements would be relevant to several aspects of their case, including the village's defense, challenges to the plaintiff's Monell claim, and the defendants' efforts to offset liability by asserting the settling defendant is solely responsible for injuries.

    EMERY CELLI CUTI BRINCKERHOFF &

    RICHARD D. EMERY
    ABADY
    MATTHEW D. BRINCKERHOFF TELEPHONE
    A PROFESSIONAL CORPORATION
    JONATHAN S. ABADY (212) 763-5000
    ATTORNEYS AT LAW TELECOPIER
    JOHN R. CUTI
    545 MADISON AVENUE
    ANDREW G. CELLI, JR. NEW YORK, NEW YORK 10022 (212) 763-5001

    ILANN M. MAAZEL E-MAIL

    ERIC HECKER [email protected]


    SARAH NETBURN
    JOANNA C. SCHWARTZ
    MARIANN MEIER WANG

    September 15, 2003

    By U.S. Mail

    Magistrate Judge Lisa Margaret Smith


    United States Courthouse for the
    Southern District of New York
    300 Quarropas Street
    White Plains, NY 10601

    Re: Tiffany v. Tartaglione, et al., 00 Civ. 2283 (CM)(LMS)

    Dear Magistrate Judge Smith:

    As this Court is aware, Clay Tiffany accepted a $200,001 Rule 68 offer by


    defendant Nicholas Tartaglione on June 24, 2003. At the time Tiffany accepted the Rule 68
    offer, it was plaintiff’s counsel’s expectation that Tartaglione would pay Tiffany out of the
    approximately $300,000 in backpay he was owed by the Village of Briarcliff Manor.

    It has come to our attention that the Rule 68 Judgment may have been paid by the
    Village (through its insurance carrier) separate and apart from any backpay they owe or owed to
    Tartaglione. We asked Bruce Calderon, the Village of Briarcliff Manor’s attorney, for
    information about the source of the $200,001 paid to satisfy the Rule 68 Judgment. Mr.
    Calderon refused to provide us with this information and has refused to disclose this information
    to the public. See Marcela Rojas, Activist, Briarcliff Cop Reach Brutality Settlement, The
    Journal News, Sept. 11, 2003, attached as Exhibit A.

    We now seek an order from the Court compelling defendants to provide us with
    information about the source of the $200,001 paid to satisfy the Rule 68 Judgment, the
    circumstances under which it was paid, and any agreement entered into between Tartaglione and
    the Village regarding this payment.
    W:\1309\1\JS0752.WPD
    EMERY CELLI CUTI BRINCKERHOFF & ABADY PC

    Magistrate Judge Smith


    September 15, 2003
    Page 2

    Plaintiff is entitled to know whether the Village of Briarcliff Manor used its own
    money to satisfy, in whole or in part, the Rule 68 Judgment against Tartgalione, and what
    consideration, if any, the Village received from Tartaglione in exchange for this indemnification.
    If the Village agreed to satisfy the Rule 68 Judgment against Tartaglione and Tartaglione, in
    exchange, released the Village from pending or future claims, or promised to voluntarily leave
    the Briarcliff Manor police department after this litigation is complete, or promised to testify in a
    certain manner, or made some other promise to the Village about his future conduct, this
    information would be relevant to several aspects of our case.

    The Village’s possible indemnification of Tartaglione is relevant to the Village’s


    anticipated defense at trial that Tartaglione was acting outside the scope of his employment
    during the incidents in this case. 1 See Public Officers Law § 18(4). 2 The Village’s possible
    indemnification of Tartaglione would also be relevant to defendants’ challenges to plaintiff’s
    Monell claim, and defendants’ anticipated efforts to offset their liability by asserting Tartaglione
    is solely responsible for the injuries suffered by Tiffany. 3 Information about the source of the
    $200,001 used to satisfy the Judgment against Tartaglione, and the circumstances under which it
    was paid, is also relevant to Tartaglione’s credibility or bias, or his incentives to testify in a
    particular manner. Most immediately, this information is relevant to plaintiff’s opposition to
    defendants’ belated effort to amend its answer.

    Accordingly, plaintiff asks the Court to compel immediate production of this


    information.

    1
    Defendants’ proposed amended answer to plaintiff’s Fourth Amended Complaint
    includes an affirmative defense that Tartaglione was acting outside the scope of his employment
    during the incidents alleged in Tiffany’s complaint.
    2
    Public Officers Law § 18(4) provides: “The public entity shall indemnify and save
    harmless its employees in the amount of any judgment obtained against such employees in a
    state of federal court . . . provided that the act or omission from which such judgment or claim
    arose occurred while the employee was acting within the scope of his public employment or
    duties . . . . Except as otherwise provided by law, the duty to indemnify and save harmless . . .
    shall not arise where the injury or damages resulted from intentional wrongdoing or recklessness
    on the part of the employee.”
    3
    Defendants’ proposed amended answer to plaintiff’s Fourth Amended Complaint
    includes an affirmative defense that “[a]ny recovery by plaintiff against . . . defendants must be
    reduced by the amount of plaintiff’s recent settlement with Nicholas Tartaglione or by Nicholas
    Tartaglione’s equitable and/or proportionate share of that recovery.”
    W:\1309\1\JS0752.WPD
    EMERY CELLI CUTI BRINCKERHOFF & ABADY PC

    Magistrate Judge Smith


    September 15, 2003
    Page 3

    Respectfully submitted,

    Joanna C. Schwartz

    c: Bruce Calderon (by mail)

    W:\1309\1\JS0752.WPD

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