D. K. et al v. Teams et al

RESPONSE to Discovery Request from Daphne McKelvey.Document

S.D.N.Y.February 22, 2019

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K. by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian C.R., Plaintiffs, -against- CASE: 1:16-cv-03246 (PAE) TIFFANY TEAMS; SHARNELL TUCKER; DEANA LINTON; LASHONDA CONNER; SANDRA GOODWIN; DAPHNE MCKELVEY, JOHN/JANE DOE NOS. 1-10; ELIZABETH GONZALEZ; SHEILA LINDER; JONATHAN PEYTON; JOYCE WHITE; SHERYL MINTER-BROOKS; and KERRY A. DELANEY, Defendants. x DEFENDANT DAPHNE MCKELVEY’S RESPONSE TO JUDGE FREEMAN’S ORDER DATED JANUARY 25, 2019 Defendant Daphne McKelvey, by and through her undersigned counsel, hereby responds to Judge Freeman’s Order, dated January 25, 2019, as follows: Pursuant to the Court’s Order, the defendant, Daphne McKelvey, was directed to provide responsive documents in her possession, custody or control, within the categories set forth in the table contained in the Order. According to the Table in the Court’s Order, defendant McKelvey was directed to further respond to discovery regarding “Text Messages.” 1. Defendant, Daphne McKelvey, has conducted a complete and thorough search of her mobile phone, with cell phone number 347-872-4947, using provider services supplied by the AT &T network, and there were NO responsive relevant text messages contained therein. 2. Defendant Daphne McKelvey went to her service provider’s local store to have a customer service representative search her phone and download and save any text messages from the date she opened the account, on or about February 2013, until the present. The representative was unable to do this. Case 1:16-cv-03246-PAE-DCF Document 416 Filed 02/22/19 Page 1 of 4 2 3. Defendant, Daphne McKelvey, in good faith, further contacted her mobile phone service provider, AT & T, by phone, and spoke with their customer support agents to inquire how she could obtain a complete copy of any and all text messages to/from her mobile number since she obtained the phone. They were unable to access the account because of incorrect log in information. After correcting that problem, McKelvey contacted my office to assist her to try and access the text message records. After logging in, we were unable to obtain the records. We then worked with an online chat representative who also could not access the records due to technical difficulties with the account. She then referred us to an Apple supervisor, who called McKelvey back directly with me on the phone. My office and McKelvey then had a conference call with the Apple supervisor about how to retrieve the text records. After the call, we attempted to access the records as instructed and were unable to do so. We then called Apple support again and spoke to a new representative who advised us that if the text messages were not backed up or saved or had been previously deleted, they could not be recovered. She then advised to go back to McKelvey’s service provider, AT & T, and formally submit an authorization to obtain any text message records that may exist. She indicated they may have the text messages but was not sure. 4. Accordingly, my office, on behalf of Defendant, Daphne McKelvey, is mailing an authorization, issued to AT & T, provide a complete copy of any and all text messages (to her or from her) from the date she opened her account, on or about February 2013, until the present. The records, if any exist and are recoverable, have been requested to be produced and sent to my office for review. Upon receipt, said records will be reviewed with defendant McKelvey to determine which portions of the records are relevant and responsive to Plaintiffs’ request and to redact those portions of the records that are irrelevant to said request. Following that review, the relevant materials will be immediately produced to Plaintiffs’ counsel. Dated:February 22, 2019 Lexington, Kentucky LAW OFFICES OF ADAM M. THOMPSON, P.C. ADAM THOMPSON ___________________________ Adam Thompson, Esq. 48 Wall Street, 11th Floor New York, New York 10005 Phone: (212) 267-2424 amtlaw@aol.com Attorney for Defendant Daphne McKelvey Case 1:16-cv-03246-PAE-DCF Document 416 Filed 02/22/19 Page 2 of 4 3 TO: All Parties Via ECF/Email Emery Celli Brinckerhoff & Abady, LLP 600 Fifth Avenue 10th Floor New York, NY 10020 Attorneys for Plaintiffs Benjamin Hill Dreyer Boyajian LLP 75 Columbia St Albany, NY 12110 Richard Levitt Nicholas Kaizer Levitt & Kaizer 40 Fulton Street, Fl. 23 New York, NY 10038 Hugo Ortega Tanner & Onega, LLP 305 Broadway, 1400 New York, NY 10007 Royce Russell Emdin & Russell, LLP 449 Seventh Ave, 12th Floor North New York, NY 10016 Alexander Sansone Law Office of Alexander V. Sansone 245 Hillside Avenue Williston Park, NY 11596 Stephen M. Buhr Greenberg Traurig, LLP 54 State Street, 6th Floor Albany, NY 12207 Case 1:16-cv-03246-PAE-DCF Document 416 Filed 02/22/19 Page 3 of 4 4 Samuel Conroy Breslin Hinckley, Allen & Snyder LLP 30 South Pearl Street, Suite 901 Albany, NY 12227 Deveraux Cannick Aiello & Cannick 69-06 Grand Avenue Maspeth, NY 11378 David Cost Brad Gallagher Barclay Damon LLP 80 State Street Albany, NY 12207 Gerald Graves Gerald Graves and Associates 4 South Orange Avenue #1 17 South Orange, NJ 07079 Benjamin Hill Dreyer Boyajian LLP 75 Columbia St Albany, NY 12110 Case 1:16-cv-03246-PAE-DCF Document 416 Filed 02/22/19 Page 4 of 4