Opinion
19-CV-5995 (CM)(RWL)
09-13-2022
MARCUS THORPE, Plaintiff, v. CITY OF NEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, NEW YORK CITY POLICE DEPARTMENT, HARLEM HOSPITAL, NYCHHC POLICE OFFICER FRANCIS SENATOR. SHIELD #435, NYCHHC POLICE OFFICER JONATHAN CARDONA, NYCHHC LIEUTENANT THERESA BRITTO and NYCHHC SERGEANT TYRONE JOSEPH, Defendants.
ORDER
McMahon, J.:
The Court, for its rulings on the admissibility of trial exhibits, decides as follows:
A. PLAINTIFF'S EXHIBITS
1. The following Plaintiff s exhibits are admitted into evidence:
• PX-3 • PX-7
• PX-4 • PX-8
• PX-5 • PX-11
• PX-6
2. The following Plaintiffs exhibits are not admitted:
• PX-1 • PX-14
• PX-2 • PX-15
• PX-9 • PX-16
• PX-10 • PX-17
• PX-12 • PX-18
• PX-13 • PX-19
B. DEFENDANTS'EXHIBITS
1. The following Defendants' exhibits are admitted into evidence:
• DX-A
• DX-B
• DX-E, with the proper foundation and authentication by witness Carole Dominique
• DX-F, with the proper foundation and authentication by witness Rosaline Fonkem
• DX-G
2. Defendants' proposed defense exhibit D is not admitted.
3. The following proposed defense exhibits are admitted on Plaintiffs case:
• The video surveillance footage at proposed defense exhibit C is admitted as Plaintiffs exhibits PX-3, PX-4, PX-5, and PX-6.
• The Plaintiffs Harlem Hospital medical records at proposed defense exhibit H are admitted as Plaintiffs exhibit PX-11.
4. In the Final Pre-trial Conference, Defendants state that they withdraw proposed exhibit DX-I in light of this Court's ruling on Defendants' third motion in limine. (See Dkt. No. 172, at 2). DX-I was only designated in the event that the motion in limine was denied. It was granted. Accordingly, exhibit DX-I is withdrawn.