D. K. et al v. Teams et al

RESPONSE TO INTERROGATORIES.Document

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

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------X D.K. by her Guardian, L.K., Z.O., by her Guardian, B.M., and B.R., by her Guardian, C.R., Plaintiffs, -against- TIFFANY TEAMS, SHARNELL PEYTON, DEANA LlNTON, LASHONDA CONNER, SANDRA GOODWIN, DAPHNE MCKELVEY, JOHN/JANE DOE NOS. 1-10, ELIZABETH GONZALEZ, SHEILA LINDER, JONATHAN PEYTON, JENNIFER TOTI, JOYCE WHITE, 16-Cv-03246 (PAE) KEVIN MORLEY, SHERYL MINTER- BROOKS and KERRY A. DELANEY, Defendants. ----------------------------------------------------------------X DEFENDANT DAPHNE MCKELVEY’S RESPONSE TO PLAINTIFFS’ SECOND SET OF INTERROGATORIES Pursuant to Rules 26, 33 and 34 of the Federal Rules of Civil Procedure, Defendant, DAPHNE MCKELVEY (“MCKELVEY”), through her undersigned counsel, hereby responds to Plaintiffs’ Second Set of Interrogatories as follows: RESERVATION OF RIGHTS McKelvey’s responses are based upon her current knowledge and reserves the right to supplement these responses at a later date, including but not limited to additional exchange of discovery materials, depositions, hearings and/or trial. Case 1:16-cv-03246-PAE-DCF Document 417 Filed 02/22/19 Page 1 of 7 GENERAL OBJECTIONS 1. Defendant objects to the Plaintiffs’ Requests because they are not limited in scope to matters that are relevant to any party’s claim or defense in the lawsuits since they ask for information pertaining to Defendant’s employment after leaving Union IRA, where the circumstances giving rise to the claims in this case arose; accordingly Defendant objects to the Requests because they are overly broad, unduly burdensome, not relevant to the subject matter of this proceeding, and/or are not reasonably calculated to lead to the discovery of admissible evidence. Subject to these objections, Defendant submits her responses below. 2. McKelvey objects to each request to the extent they are vague, ambiguous, unintelligible and thus not susceptible to a response as phrased. 3. McKelvey objects each request to the extent they attempt to impose a duty on Peyton to respond with information not in Peyton's possession, custody, or control. 4. McKelvey objects to each request to the extent they attempt to impose a duty on McKelvey to respond with information which is available from other individuals or entities or is otherwise available to Plaintiffs. 5. McKelvey reserved the right to supplement any information responsive to these requests to the extent it is discovered at a later time. Case 1:16-cv-03246-PAE-DCF Document 417 Filed 02/22/19 Page 2 of 7 INTERROGATORIES INTERROGATORY NO. 1 1. Identify your current employment position, including the name of your employer, the address of your precise place of employment (for example, the address of the group home you work in, if you work in a group home), the dates of your current employment, and your title and position. Like all discovery requests, this is an ongoing request and must be updated as necessary throughout the pendency of this case. Response to Interrogatory 1. Employer: OPWDD. Name Group Home: 59th Street Group Home Location: 515 West 59th Street, New York, NY 10019 Position: Direct Support Assistant Employment Dates: Started on or about April 26, 2017 through on or about September 20, 2017 and returned on or about January 23, 2018 until the present. INTERROGATORY NO. 2 2. Identify each and every prior job (part-time or fulltime) you have had since September 14, 2014, including the name of your employer, the dates of the employment, and your title and position. Case 1:16-cv-03246-PAE-DCF Document 417 Filed 02/22/19 Page 3 of 7 Response to Interrogatory 2. Employer: Edwin Gould Services For Children and Families. 151 Lawrence Street, Brooklyn, NY 11201 Name Group Home: Group Home RFK Location: 1128 Sherman Avenue Bronx, NY 10455 Position: Developmental Aide Employment Dates: Started on or about August 1, 2016 through on or about September 29, 2016. Employer: Edwin Gould Services For Children and Families. 151 Lawrence Street, Brooklyn, NY 11201 Name Group Home: Cabrini Group Home Location: 255 Cabrini Blvd., New York, NY 10041 #1C Position: Developmental Aide Employment Dates: Started on or about September 29, 2016 through the present. Employer: OPWDD. Name Group Home: 59th Street Group Home Location: 515 West 59th Street, New York, NY 10019 Position: Direct Support Assistant Employment Dates: Started on or about April 26, 2017 through on or about September 20, 2017 and returned on or about January 23, 2018 until the present. Case 1:16-cv-03246-PAE-DCF Document 417 Filed 02/22/19 Page 4 of 7 Employer: OPWDD. Name Group Home: 123rd Street Group Home Location: 5 West 123rd Street, New York, NY 10027 Position: Direct Support Assistant Employment Dates: Started on or about September 20, 2017 through on or about January 23, 2018. INTERROGATORY NO. 3 3. Identify which of the jobs listed in response to Interrogatories No. 1-2 involve care for developmentally disabled individuals or is otherwise associated with OPWDD. Response to Interrogatory 3. All of the jobs listed in response to Interrogatories No. 1-2 involved care for developmentally disabled individuals. Her employment associated with OPWDD is listed above. INTERROGATORY NO. 4 For all positions within OPWDD, provide: a. The name of the group home, Individual Residential Alternative,Intermediate Care Facility, or other assisted living facility, at which you worked; and b. The dates of your employment in each such facility. Response to Interrogatory 4. Employer: OPWDD. Name Group Home: 59th Street Group Home Case 1:16-cv-03246-PAE-DCF Document 417 Filed 02/22/19 Page 5 of 7 Location: 515 West 59th Street, New York, NY 10019 Position: Direct Support Assistant Employment Dates: Started on or about April 26, 2017 through on or about September 20, 2017 and returned on or about January 23, 2018 until the present. Employer: OPWDD. Name Group Home: 123rd Street Group Home Location: 5 West 123rd Street, New York, NY 10027 Position: Direct Support Assistant Employment Dates: Started on or about September 20, 2017 through on or about January 23, 2018. Dated: February 22, 2019 Lexington, Kentucky Adam Thompson By: ________________________ Adam Thompson, Esq. 48 Wall Street, 11th Floor New York, NY 10005 Tel.: (212) 267-2424 Fax: (888) 279-7324 amtlaw@aol.com Attorney for Defendant Daphne McKelvey Case 1:16-cv-03246-PAE-DCF Document 417 Filed 02/22/19 Page 6 of 7 Certificate of Service I hereby certify that on February 22, 2019, I served the foregoing: DEFENDANT DAPHNE MCKELVEY’S RESPONSE TO PLAINTIFFS’ SECOND SET OF INTERROGATORIES upon counsel for Plaintiff by depositing same in a prepaid first class envelope into an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York addressed to: Ilan M. Maazel, Esq. Emerey Celli Brinkerhoff & Abady, LLP. 600 Fifth Avenue, 10th Floor New York, NY 10020 and by filing online with ECF to all counsel of record attaching a copy of same. Adam Thompson ____________________ Adam Thompson, Esq. 48 Wall Street, 11th Floor New York, NY 10005 Tel.: (212) 267-2424 Fax: (888) 279-7324 amtlaw@aol.com Attorney for Defendant Daphne McKelvey Case 1:16-cv-03246-PAE-DCF Document 417 Filed 02/22/19 Page 7 of 7