Maldonado v. Town Of GreenburghMaldonado v. Town Of Greenburgh
New York, NY 10006
t. 212.766.1888
f. 212.766.3252
www.mdafny.com
August 4, 2026
via ECF
The Honorable Lewis F. Kaplan
United State District Court
Southern District of New York
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, New York 10007-1312
MEMO ENDORSED
Re: Maldonado v. Town of Greenburgh, et al.
Case No.: 18-cv-11077 (LFK)
Our File No.: TRI 69938
Dear Judge Kaplan:
Your undersigned represents the Town of Greenburgh in the above-captioned action. At this time, the defendants write to request leave to file certain exhibits to their Motions in Limine under seal. Thomas Troetti, the attorney representing the individual police officer defendants, joins in this request.
Specifically, there is one motion which seeks to preclude Defendant-Officer Lara‘s medical treatment following the subject incident, which included a discussion with a psychiatrist. Officer Lara‘s medical condition is not in issue in this case, and thus, his medical treatment following the incident is immaterial to this matter and is therefore privileged. Where a defendant‘s or non-party‘s medical condition is not in issue, there is no basis for inferring a waiver of any privilege. See Doe v. Smith, 2000 U.S. Dist. LEXIS 22321, at *4-7 (E.D.N.Y. Apr. 27, 2000).
In support of this motion, the defendants will need to attach Officer Lara‘s medical records and his confidential deposition testimony related to his treatment. In accordance with Your Honor‘s Rules, these documents will be filed under seal under separate cover for the Court‘s review. However, because Officer Lara‘s medical condition is not in issue, these medical records and his testimony regarding the same are privileged and should remain confidential. As such, the defendants respectfully request an order permitting them to file the exhibits related to this motion in limine, specifically, Officer Lara‘s medical records and his testimony related to his medical treatment, under seal when the motions in limine are filed.
Thank you for your time and consideration to this matter.
Memorandum Endorsement
Granted.
/s/ Lewis A. Kaplan
Hon. Lewis A. Kaplan, USDJ
Dated: August 5, 2026
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CRISTINA A. SOLLER