Pre-Trial Joint Letter

Case 1:13-cv-08096-GBD-RLE Document 76 Filed 05/11/15 Page 1 of 4
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
Christin Ambrocia Myles,

Plaintiff,
vs.
Brandon Marshall,
Defendant.
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13 Civ. 8096 (GBD)(RLE)

PROPOSED JOINT PRETRIAL ORDER
I.
Caption is above.
II.
Names and addresses of trial counsel

A. Plaintiff is appearing pro se.
Christin A. Myles
13145 Nighthawk Ct.
Chino, CA 91710
Phone Number: (213) 925-3891
Email: [email protected]
B. Counsel for Defendant:
Jason C. Astle, Esq.
Jeffrey A. Springer, Esq. (pro hac vice)
SPRINGER AND STEINBERG, P.C.
1600 Broadway Suite 1200
Denver, Colorado 80202
Phone Number: (303) 861-2800
Fax Number: (303) 832-7116
E-mail: [email protected]
[email protected]
III.
Statements regarding subject matter jurisdiction.

A. Plaintiffs Statement:
1
Plaintiff agrees that the court has subject matter jurisdiction pursuant to
28 U.S.C. 1332. Both the Plaintiff and the Defendant are citizens of
different states, and there is more than $75,000.00 in dispute.
B. Defendants Statement:
Defendant agrees that the court has subject matter jurisdiction pursuant
to 28 U.S.C. 1332 provided Plaintiff meets the matter in controversy
requirements.
IV.
Summary of Claims and Defenses

A. Plaintiffs Claims:
Defendant Brandon Marshall, by Intentional Torts, assaulted and
battered Plaintiff outside of Marquee nightclub in Manhattan, New York,
on March 11, 2012. Defendants actions are assault and battery under
New York State Law, which states that assault is the intent to cause
serious physical injury to another person and battery is physical contact
resulting in such injury.
Negligent Infliction of Emotional Distress by defendant Brandon Marshall
arising from assault and battery by Defendants intentional actions
outside of Marquee nightclub in Manhattan, New York, on March 11,
2012. New York State Law states that under the Direct Duty Theory,
Defendants conduct was extreme and outrageous; Plaintiff suffered
extreme emotional distress.
Intentional Infliction of Emotional Distress by defendant Brandon
Marshall arising from assault and battery by Defendants intentional
actions outside of Marquee nightclub in Manhattan, New York, on March
11, 2012. New York State Law states that Intentional Infliction of
Emotional Distress has four elements: (1) extreme and outrageous
conduct, (2) intent to cause severe emotional distress, (3) a causal
connection between the conduct and the injury, and (4) severe emotional
distress.
B. Defendants Defenses:
Defendant did not assault or batter Plaintiff, another person did.
2
Defendants conduct was not extreme or outrageous under New York

State Law and Plaintiff cannot otherwise establish the elements
necessary to support a claim for Intentional Infliction of Emotional
Distress. See generally, Conboy v. AT & T Corp., 241 F.3d 242, 258 (2d
Cir. 2001) (stating the standard for stating a valid claim of [IIED] is
rigorous, and difficult to satisfy.)
Plaintiffs own actions, to wit, advancing aggressively on Defendant and
the people with him, contributed in part or in whole to any damages
suffered by Plaintiff and provoked the incident, and her failure to seek
any treatment for claimed emotional distress also contributed in whole or
in part to her damages.
Defendants actions were justified under the circumstances.
Any actions taken by Defendant were in self-defense.
V.
Jury Trial.
This is a jury trial the parties believe will take 5 days.
VI.
All parties have not consented to trial by a magistrate judge.
VII.
Stipulations or Agreed Facts

1. Plaintiff was punched on March 11, 2012, outside the Marquee
nightclub.
2. Defendant was present at the Marquee nightclub on March 11, 2012.
3. The incident took place outside the Marquee nightclub.
4. Defendant was present outside the Marquee nightclub at the time of
the incident on March 11, 2012.
5. Security cameras captured the events in question.
VIII. Witnesses (no party will be testifying by deposition).

A. Plaintiffs Witnesses:
1. Daniel Mondelice
2. Shawn Mondelice
3. Raymond Edwards
B. Defendants Witnesses:
3
Will Call:
1. Defendant Brandon Marshall
2. Michi Nogami-Marshall
3. Dacson Sears
May Call:
4. Michael Sims-Walker
5. Cheryl LaMar
6. Reggie Stovel
IX.
No deposition testimony will be designated.
X.
Exhibits
A. Plaintiffs Exhibits
1.
2.
3.
4.
5.
Security video**
Voicemail
Pictures from Plaintiffs digital camera**
Still shots from surveillance video with markings.
Medical Records
B. Defendants Exhibits
1. Unaltered still shots from video**

Dated this 11th day of May, 2015.
Respectfully Submitted,
/s/ Christin Myles
_/s/ Jason C. Astle__________________
Christin Ambrocia Myles

13145 Nighthawk Ct.
Chino, CA 91710
Phone Number: (213) 925-3891
Email: [email protected]
Plaintiff
Jason C. Astle
SPRINGER AND STEINBERG, P.C.
1600 Broadway Suite 1200
Denver, Colorado 80202
Phone Number:
(303) 861-2800
Fax Number:
(303) 832-7116
E-mail: [email protected]
ATTORNEYS FOR DEFENDANT

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Case 1:13-cv-08096-GBD-RLE Document 76 Filed 05/11/15 Page 1 of 4

UNITED STATES DISTRICT COURT

Christin Ambrocia Myles,

13 Civ. 8096 (GBD)(RLE)

Names and addresses of trial counsel

Statements regarding subject matter jurisdiction.

Case 1:13-cv-08096-GBD-RLE Document 76 Filed 05/11/15 Page 2 of 4

Summary of Claims and Defenses

Case 1:13-cv-08096-GBD-RLE Document 76 Filed 05/11/15 Page 3 of 4

Defendants conduct was not extreme or outrageous under New York

All parties have not consented to trial by a magistrate judge.

Stipulations or Agreed Facts

VIII. Witnesses (no party will be testifying by deposition).

Case 1:13-cv-08096-GBD-RLE Document 76 Filed 05/11/15 Page 4 of 4

No deposition testimony will be designated.

1. Unaltered still shots from video**

/s/ Christin Myles

_/s/ Jason C. Astle__________________

Christin Ambrocia Myles

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