Preview
FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022
EXHIBIT H
FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022
. .
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
N.J.S., an infant, by and through his NOTICE FOR DISCOVERY
Parent, and Natural Guardian, AND INSPECTION
MICHELE SARDO, and
MICHELE SARDO, Individually, Index No.: 805265/2020
Plaintiff,
-vs.-
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Defendants.
COUNSELOR:
PLEASE TAKE NOTICE, that the Defendants herein, pursuant to CPLR 3101 et seq.,
and CPLR 3120, are required to produce and allow discovery, inspection and copying to be made
by the plaintiffs and the attorney for the plaintiffs of the following items, writings and objects
maintained, controlled or supervised by said Defendants.
In lieu of strictcompliance with the terms and conditions of this Notice, the undersigned
will accept clearly legible photocopies of the said items if received by the undersigned at least
five days prior to the return date hereof, together with a letter from the attorneys for the
Defendants advising as to the completeness of the items provided.
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PLACE OF DISCOVERY: CANTOR WOLFF NICASTRO & HALL
350 Main Street, Suite 2140
Buffalo, New York 14202
TIME AND DATE OF DISCOVERY: December 13, 2020, at 10:00 a.m.
ITEMS TO BE PRODUCED RELATED TO INCIDENT COMPLAINED OF HEREIN:
1. A copy of any electronic transcripts, documents, or any other materials, created in
connection with any District Defendant hearing(s) and/or suspension hearing(s) for the
perpetrator named C.L.S. relative to the incident of May 10, 2019 involving the plaintiff.
2. Copies of the minutes of any meetings held by the District defendants, or agents
thereof, relative to the incident of May 10, 2019, involving the plaintiff.
3. A copy of any electronic transcripts, documents, or any other materials, created in
connection with any District Defendant hearing(s) and/or suspicion hearing(s) relative to any
incidents involving a student named C.L.S. and plaintiff, as testified to by the plaintiff at her
50-h hearing, including but not limited to, any incident/police/security/school reports, and all
other prior incidents involving C.L.S.
4. Copies of the minutes of any meetings held by the District Defendants relative
any incidents involving C.L.S. and the infant plaintiff.
5. All incident/accident reports, written correspondence, memoranda, emails, forms,
or any other written memorialization prepared by or submitted to Defendants as a result of any
incidents involving C.L.S.
6. Complete copies of each view of the cameras at the subject school on May 10,
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2019, with audio, from the moment school let out that day until the moment the subject school
closed its doors to the public on the day of the incident.
7. The names of any and allDefendants, or agents thereof, who reviewed any
surveillance or photographs relative to the incident of May 10, 2019.
8. The names of any and all Defendants, or agents thereof, who reviewed any
documents relative to the incident of May 10, 2019.
9. Copies of any contracts, with any amendments, between the District Defendants
and/or itsrelated entities, and any third-party entity providing security at the subject school
on May 10, 2019.
10. The name(s) and address(es) of any third-party, or District employee, that you
have in your possession who were performing, and/or were contracted to perform, by or on
behalf of the District Defendant, security at the subject school on May 10, 2019, and the
identification of any Defendant employees and/or supervisors who were in charge of security
and/or on location on the day of the incident.
11. Identify any security guard(s) and/or school sentry on the subject premises on
May 10, 2019 by name and provide a complete copy of the entire personnel file maintained by
the District Defendants, and/or its related entities, with respect to the security guard(s) and/or
sentry in their capacity as an agent, servant and/or employee or, in the alternative, as an
independent contractor, including without limitation thereto, all records, correspondence,
writings, memoranda, employment contracts or agreements, employment applications,
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background investigation or inquiries, criminal background inquiries or printouts, operating
schedules, payroll timecards, and employee time sheets for the subject security guard(s).
12. The job posting and/or job criteria necessary for applicants to work and/or
provide security for the District Defendants, or on behalf of Defendants, in the West Seneca
Central School District during a three-year period up to and including the date of the incident
herein.
13. A complete copy of the security guard handbook and/or manual in effect and/or
relied upon by Defendants, and/or itsagents, on May 10, 2019.
14. The identification of all school District employees on location at the subject
school at the time of the incident.
15. All accident and/or investigative reports, records, memoranda, correspondence,
writings, emails, forms, or other documents prepared by the District Defendants, or on behalf of
the District Defendants, with respect to the happening of the subject incident in the normal
course of business or in the furtherance of any rule, regulation, law and/or statute.
16. Copies of all accident and/or incident reports involving any and all prior incidents
involving sexual assaults on the grounds of the subject school and all disciplinary reports and all
records pertaining to any prior sexual assault incidents on school grounds, if any, during a
ten-year period up to and including the date of the incident herein.
17. Copies of all accident and/or incident reports involving any and all prior incidents
involving sexual assaults in the basement of the subject school and all disciplinary reports and
allrecords pertaining to any prior sexual assault incidents in the basement of the subject school,
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during a ten-year period up to and including the date of the incident herein.
18. Any and allmaterials in the infant student plaintiff's file in possession of the
District Defendants during her entire tenure as a West Seneca Public School student.
19. Copies of any written correspondence, either by letter,email, memoranda, form,
or any other written memorialization, in the possession of the District Defendants regarding after
school security, during a ten-year period up to and including the date of the incident herein,
including, but not limited to, copies of any documentation regarding any after school security
issues identified by the District Defendant, or agents thereof, and/or security measures taken at
the subject school during the aforementioned time-period in response to any security issues
identified by the District Defendants, or on behalf of the District, or by parents of students or the
Community.
20. Copies of any written correspondence, either by letter,email, memoranda, form,
or any other written memorialization, in the possession of the District Defendants regarding
school security in the basement of the subject school, during a ten-year period up to and
including the date of the incident herein, including, but not limited to, copies of any
documentation regarding any security issues identified by the District Defendant, or agents
thereof, and/or security measures taken at the subject school during the aforementioned
time-period in response to any security issues identified by the District Defendants in the
basement of the school, or on behalf of the District, or by parents of students or the community.
21. Any document Defendants will rely upon in furtherance of their affumative
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defenses not already disclosed by Plaintiff during discovery.
22. A complete copy of any training manuals promulgated by the District Defendants
in effect on or before May 10, 2019, with respect to proper procedures to take in the event that a
student is sexually assaulted on school grounds.
23, A complete copy of the rules, regulations, directives, instructions, guidelines,
policies and/or other similar written materials promulgated by or relied upon by the District
Defendants and in effect on May 10, 2019, regarding the course of conduct or measures to be
taken in the event that a student is sexually assaulted on school grounds.
24. Copies of any statements made by the infant plaintiff and/or the plaintiff's parents
to any District Defendant employee(s) during her entire tenure as West Seneca Schools Public
Student.
25. Copies of any written correspondence, either by letter,email, memoranda, form,
or any other written memorialization, made to Defendants regarding any complaints by any
parent/community member on the issue of school security, including but not limited, to after
school security during a ten-year period up to and including the date of the incident herein.
26. Copies of any written correspondence, either by letter,email, memoranda, form,
or any other written memorialization, made to District Defendants regarding any complaints by
any parent/community member on the issue of sexual assault at the subject school during a
ten-year period up to and including the date of the incident herein.
27. Copies of any written correspondence, either by letter,email, memoranda, form,
FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020
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or any other written memorialization, made to District Defendants regarding any complaints by
member on the issue of sexual assault at the subject school a ten-
any parent/community during
year period up to and including the date of the incident herein, including without limitation in the
basement of the subject school prior to the incident complained of.
28. Copies of any written correspondence, either by letter,email, memoranda, form,
or any other written memorialization, made to District Defendants regarding any complaints by
any parent/community member and/or school employee/representative on the issue of sexual
assault and/or rape at the subject school, including during a ten-year period up to and including
the date of the incident herein.
29. Copies of any written correspondence, either by letter,email, memoranda, form,
or any other written memorialization, made to Defendants regarding any complaints by any
parent/community member and/or school employee/representative on the issue of whether to
have more security at the subject school during after school hours during a ten-year period up to
and including the date of the incident herein.
30. A copy of all the rules, regulations, directives, instructions, guidelines and/or
other similar written materials promulgated by the District Defendants and in effect on the date
of the incident relative to the hiring, employing, managing, routing, supervising, disciplining,
Defendants'
firing and/or terminating said employees, including without limiting thereto, those
employees and/or independent contractors engaged to provide security at the subject school.
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31. A copy of the rules, regulations, directives, instructions, guidelines, policies
and/or other similar written materials promulgated by or relied upon by the District Defendants,
if any, and in effect on the date of the incident herein, regarding whether to have an aide and/or
student monitor supervise a student-victim of sexual assault following an incident involving a
sexual assault at a West Seneca Public School.
32. A copy of the rules, regulations, directives, instructions, guidelines, policies
and/or other similar written materials promulgated by and/or relied upon by the District
Defendants and in effect on May 10, 2019 for student-victims of sexual assault and/or
harassment regarding the course of conduct to be taken in the event a student is subject to sexual
assault.
33. A copy of the rules, regulations, directives, instructions, guidelines, policies
and/or other similar written materials promulgated by or relied upon by the District Defendants
and in effect on May 10, 2019 for perpetrators of sexual assault, violence, and/or harassment
regarding the course of conduct to be taken in the event that students are not complying with
rules.
34. All policy materials produced by District Defendants outlining supervision and
monitoring of students in hallways after school.
35. All policy materials produced by District Defendants outlining supervision and
monitoring of students in hallways during school hours.
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36. All policy materials provided to students of District Defendants outlining the
defendants'
code of conduct.
37. All policy materials produced by District Defendants regarding security and
safety of students of Defendants.
38. All materials outlining policies for hiring security personnel.
39. All materials outlining policies of student behavior including, but limited to,
student disciplinary procedures.
40. A map of the subject school as the school was configured on or about May 10,
2019.
41. Photographs of the basement of the school, including the immediate general area
where the incident complained of herein occurred.
42. The name of the person, or company, who installed the security cameras that were
on location at the subject school on the day of the incident.
43. The invoice and/or receipt relative to the purchase and/or installation of the
security cameras and/or system in place at the subject school on the day of the incident.
44. The year, make, and model of the security camera system in place at the subject
school on the day of the incident.
45. A complete copy of the operating instructions, policies, and/or procedures for the
security camera system in place at the subject school on May 10, 2019.
46. Any and allrecords regarding disciplinary issues involving C.L.S. during his
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tenure at the subject school.
47. Complete copies of each view of the camera(s) on the subject bus that plaintiff
and/or C.J.S. rode home after the incident, if either person rode the bus, with audio, from the
moment both plaintiff and C.J.S. entered the bus that afternoon until the bus driver exited the bus
at the end of the shift for the lasttime that day.
Please take further notice that to the extent any of the information in or documentation
requested herein cannot be produced, then you are required to provide Plaintiff with an Affidavit
from a representative of the Defendants having appropriate knowledge setting forth therein any
efforts made to locate the information and/or documentation which is not able to be produced in
compliance with thisNotice for Discovery and Inspection; the identity of the representatives who
searched for the requested information and/or documentation; the identity of each such document
unable to be located; whether or not the particular document ever existed and ifa particular
document did previously exist but was subsequently destroyed, lost and/or misplaced, the
Affidavit shall state so together with the circumstances under which any of the said documents
were destroyed or lost; or if the particular document does exist but is not presently in the
possession of the Defendants, then the Affidavit shall identify the name and address of the
present custodian of all such documents.
Please take further notice that the aforesaid Demands are continuous in nature and any
items of information and/or documentation demanded that is received subsequent to the date of
this Notice for Discovery and Inspection is required to be produced within 30 days after receipt
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thereof.
DATED: Buffalo, New York
November 16, 2020
oseph . Nicastro, Esq.
WOLFF NICASTRO HALL
Attorneys for Plaintyfs
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-800
TO: Louis B. Dingeldey, Esq.
BAXTER SMITH & SHAPIRO, P.C.
Attorneys for Defendants
182 Dwyer Street
West Seneca, New York 14224
FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
N.J.S., an infant, by and through his DEMAND FOR VERIFIED BILL
Parent, and Natural Guardian, OF PARTICULARS
MICHELE SARDO, and
MICHELE SARDO, Individually, Index No.: 805265/2020
Plaintiff,
-vs.-
WEST SENECA CENTRAL SCHOOL DISTRICT
WEST SENECA CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION
WEST SENIOR HIGH SCHOOL,
Defendants.
PLEASE TAKE NOTICE, the plaintiffs hereby demand that you serve upon their
attorneys, within ten (10) days after the date of service hereof, a Verified Bill of Particulars of the
claims of defendants, specifying and stating the following:
defendants'
1. Particularize claim that plaintiff was under an obligation to mitigate
her damages and has failed to do so, specifying the omissions of plaintiff, the directives or
warnings plaintiff failed to follow, the actions of plaintiff which were in contravention of
mitigating her damages, and the manner in which such actions by plaintiff worsened her
condition and/or led to the cessation of any improvement in her physical condition.
defendants'
2. Particularize the claim that the complaint should be dismissed for
failure to state a cause of action against the defendants.
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. .
defendants'
3. Particularize claim that this Court lacks jurisdiction over the subject
matter of this action.
defendants'
4. Particularize the claim that the Complaint should be dismissed on the
grounds that the plaintiff's cause of action is barred by the applicable statute of limitations.
defendants'
5. Particularize the claim that the complaint should be dismissed as
defendants allegedly were not involved in tortious conduct.
defendants'
6. Particularize the claim that the plaintiff has failed to comply with a
condition precedent in failing to serve a proper and timely Notice of Claim, as to one or more of
the claims set forth in the Complaint, setting forth:
(a) The manner in which itwill be claimed at trialthat plaintiff failed to
comply with a condition precedent in allegedly failing to serve a proper a
timely Notice of Claim; and
(b) A statement identifying the specific claim(s) which forms the basis of this
defense.
defendants'
7. Particularize the claim that plaintiffs have not effectuated valid
service in light of the annexed affidavits of service upon defendants.
defendants'
8. Particularize the claim that the defendants are entitled to qualified
and/or absolute immunity from suit, specifying the manner in which it will be claimed at trial
that defendants are entitled said immunity.
defendants'
9. Particularize the claim that the actions complained of herein, were the
results of discretionary determinations, thereby affording defendants immunity from suit.
defendants'
10. Particularize the claim that this action cannot be properly brought
without a necessary party, setting forth:
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(a) A statement identifying the alleged necessary party; and
(b) The manner in which itwill be claimed at trialthat said party is necessary;
and;
(c) A statement explaining why the defendants have not impleaded any
alleged necessary party.
DATED: Buffalo, New York
November 16, 2020
Jo p . Nicastro, E .
OR WOLFF STRO HALL
Atto eys for Plaintifs
350 Main Street, Suite 2140
Buffalo, New York 14202
(716) 848-800
TO: Louis B. Dingeldey, Esq.
BAXTER SMITH & SHAPIRO, P.C.
Attorneys for Defendants
182 Dwyer Street
West Seneca, New York 14224
Preview
FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 EXHIBIT H FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 . . STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE N.J.S., an infant, by and through his NOTICE FOR DISCOVERY Parent, and Natural Guardian, AND INSPECTION MICHELE SARDO, and MICHELE SARDO, Individually, Index No.: 805265/2020 Plaintiff, -vs.- WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Defendants. COUNSELOR: PLEASE TAKE NOTICE, that the Defendants herein, pursuant to CPLR 3101 et seq., and CPLR 3120, are required to produce and allow discovery, inspection and copying to be made by the plaintiffs and the attorney for the plaintiffs of the following items, writings and objects maintained, controlled or supervised by said Defendants. In lieu of strictcompliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies of the said items if received by the undersigned at least five days prior to the return date hereof, together with a letter from the attorneys for the Defendants advising as to the completeness of the items provided. FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 PLACE OF DISCOVERY: CANTOR WOLFF NICASTRO & HALL 350 Main Street, Suite 2140 Buffalo, New York 14202 TIME AND DATE OF DISCOVERY: December 13, 2020, at 10:00 a.m. ITEMS TO BE PRODUCED RELATED TO INCIDENT COMPLAINED OF HEREIN: 1. A copy of any electronic transcripts, documents, or any other materials, created in connection with any District Defendant hearing(s) and/or suspension hearing(s) for the perpetrator named C.L.S. relative to the incident of May 10, 2019 involving the plaintiff. 2. Copies of the minutes of any meetings held by the District defendants, or agents thereof, relative to the incident of May 10, 2019, involving the plaintiff. 3. A copy of any electronic transcripts, documents, or any other materials, created in connection with any District Defendant hearing(s) and/or suspicion hearing(s) relative to any incidents involving a student named C.L.S. and plaintiff, as testified to by the plaintiff at her 50-h hearing, including but not limited to, any incident/police/security/school reports, and all other prior incidents involving C.L.S. 4. Copies of the minutes of any meetings held by the District Defendants relative any incidents involving C.L.S. and the infant plaintiff. 5. All incident/accident reports, written correspondence, memoranda, emails, forms, or any other written memorialization prepared by or submitted to Defendants as a result of any incidents involving C.L.S. 6. Complete copies of each view of the cameras at the subject school on May 10, FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 2019, with audio, from the moment school let out that day until the moment the subject school closed its doors to the public on the day of the incident. 7. The names of any and allDefendants, or agents thereof, who reviewed any surveillance or photographs relative to the incident of May 10, 2019. 8. The names of any and all Defendants, or agents thereof, who reviewed any documents relative to the incident of May 10, 2019. 9. Copies of any contracts, with any amendments, between the District Defendants and/or itsrelated entities, and any third-party entity providing security at the subject school on May 10, 2019. 10. The name(s) and address(es) of any third-party, or District employee, that you have in your possession who were performing, and/or were contracted to perform, by or on behalf of the District Defendant, security at the subject school on May 10, 2019, and the identification of any Defendant employees and/or supervisors who were in charge of security and/or on location on the day of the incident. 11. Identify any security guard(s) and/or school sentry on the subject premises on May 10, 2019 by name and provide a complete copy of the entire personnel file maintained by the District Defendants, and/or its related entities, with respect to the security guard(s) and/or sentry in their capacity as an agent, servant and/or employee or, in the alternative, as an independent contractor, including without limitation thereto, all records, correspondence, writings, memoranda, employment contracts or agreements, employment applications, FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 background investigation or inquiries, criminal background inquiries or printouts, operating schedules, payroll timecards, and employee time sheets for the subject security guard(s). 12. The job posting and/or job criteria necessary for applicants to work and/or provide security for the District Defendants, or on behalf of Defendants, in the West Seneca Central School District during a three-year period up to and including the date of the incident herein. 13. A complete copy of the security guard handbook and/or manual in effect and/or relied upon by Defendants, and/or itsagents, on May 10, 2019. 14. The identification of all school District employees on location at the subject school at the time of the incident. 15. All accident and/or investigative reports, records, memoranda, correspondence, writings, emails, forms, or other documents prepared by the District Defendants, or on behalf of the District Defendants, with respect to the happening of the subject incident in the normal course of business or in the furtherance of any rule, regulation, law and/or statute. 16. Copies of all accident and/or incident reports involving any and all prior incidents involving sexual assaults on the grounds of the subject school and all disciplinary reports and all records pertaining to any prior sexual assault incidents on school grounds, if any, during a ten-year period up to and including the date of the incident herein. 17. Copies of all accident and/or incident reports involving any and all prior incidents involving sexual assaults in the basement of the subject school and all disciplinary reports and allrecords pertaining to any prior sexual assault incidents in the basement of the subject school, FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 during a ten-year period up to and including the date of the incident herein. 18. Any and allmaterials in the infant student plaintiff's file in possession of the District Defendants during her entire tenure as a West Seneca Public School student. 19. Copies of any written correspondence, either by letter,email, memoranda, form, or any other written memorialization, in the possession of the District Defendants regarding after school security, during a ten-year period up to and including the date of the incident herein, including, but not limited to, copies of any documentation regarding any after school security issues identified by the District Defendant, or agents thereof, and/or security measures taken at the subject school during the aforementioned time-period in response to any security issues identified by the District Defendants, or on behalf of the District, or by parents of students or the Community. 20. Copies of any written correspondence, either by letter,email, memoranda, form, or any other written memorialization, in the possession of the District Defendants regarding school security in the basement of the subject school, during a ten-year period up to and including the date of the incident herein, including, but not limited to, copies of any documentation regarding any security issues identified by the District Defendant, or agents thereof, and/or security measures taken at the subject school during the aforementioned time-period in response to any security issues identified by the District Defendants in the basement of the school, or on behalf of the District, or by parents of students or the community. 21. Any document Defendants will rely upon in furtherance of their affumative FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 defenses not already disclosed by Plaintiff during discovery. 22. A complete copy of any training manuals promulgated by the District Defendants in effect on or before May 10, 2019, with respect to proper procedures to take in the event that a student is sexually assaulted on school grounds. 23, A complete copy of the rules, regulations, directives, instructions, guidelines, policies and/or other similar written materials promulgated by or relied upon by the District Defendants and in effect on May 10, 2019, regarding the course of conduct or measures to be taken in the event that a student is sexually assaulted on school grounds. 24. Copies of any statements made by the infant plaintiff and/or the plaintiff's parents to any District Defendant employee(s) during her entire tenure as West Seneca Schools Public Student. 25. Copies of any written correspondence, either by letter,email, memoranda, form, or any other written memorialization, made to Defendants regarding any complaints by any parent/community member on the issue of school security, including but not limited, to after school security during a ten-year period up to and including the date of the incident herein. 26. Copies of any written correspondence, either by letter,email, memoranda, form, or any other written memorialization, made to District Defendants regarding any complaints by any parent/community member on the issue of sexual assault at the subject school during a ten-year period up to and including the date of the incident herein. 27. Copies of any written correspondence, either by letter,email, memoranda, form, FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 or any other written memorialization, made to District Defendants regarding any complaints by member on the issue of sexual assault at the subject school a ten- any parent/community during year period up to and including the date of the incident herein, including without limitation in the basement of the subject school prior to the incident complained of. 28. Copies of any written correspondence, either by letter,email, memoranda, form, or any other written memorialization, made to District Defendants regarding any complaints by any parent/community member and/or school employee/representative on the issue of sexual assault and/or rape at the subject school, including during a ten-year period up to and including the date of the incident herein. 29. Copies of any written correspondence, either by letter,email, memoranda, form, or any other written memorialization, made to Defendants regarding any complaints by any parent/community member and/or school employee/representative on the issue of whether to have more security at the subject school during after school hours during a ten-year period up to and including the date of the incident herein. 30. A copy of all the rules, regulations, directives, instructions, guidelines and/or other similar written materials promulgated by the District Defendants and in effect on the date of the incident relative to the hiring, employing, managing, routing, supervising, disciplining, Defendants' firing and/or terminating said employees, including without limiting thereto, those employees and/or independent contractors engaged to provide security at the subject school. FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 31. A copy of the rules, regulations, directives, instructions, guidelines, policies and/or other similar written materials promulgated by or relied upon by the District Defendants, if any, and in effect on the date of the incident herein, regarding whether to have an aide and/or student monitor supervise a student-victim of sexual assault following an incident involving a sexual assault at a West Seneca Public School. 32. A copy of the rules, regulations, directives, instructions, guidelines, policies and/or other similar written materials promulgated by and/or relied upon by the District Defendants and in effect on May 10, 2019 for student-victims of sexual assault and/or harassment regarding the course of conduct to be taken in the event a student is subject to sexual assault. 33. A copy of the rules, regulations, directives, instructions, guidelines, policies and/or other similar written materials promulgated by or relied upon by the District Defendants and in effect on May 10, 2019 for perpetrators of sexual assault, violence, and/or harassment regarding the course of conduct to be taken in the event that students are not complying with rules. 34. All policy materials produced by District Defendants outlining supervision and monitoring of students in hallways after school. 35. All policy materials produced by District Defendants outlining supervision and monitoring of students in hallways during school hours. FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 36. All policy materials provided to students of District Defendants outlining the defendants' code of conduct. 37. All policy materials produced by District Defendants regarding security and safety of students of Defendants. 38. All materials outlining policies for hiring security personnel. 39. All materials outlining policies of student behavior including, but limited to, student disciplinary procedures. 40. A map of the subject school as the school was configured on or about May 10, 2019. 41. Photographs of the basement of the school, including the immediate general area where the incident complained of herein occurred. 42. The name of the person, or company, who installed the security cameras that were on location at the subject school on the day of the incident. 43. The invoice and/or receipt relative to the purchase and/or installation of the security cameras and/or system in place at the subject school on the day of the incident. 44. The year, make, and model of the security camera system in place at the subject school on the day of the incident. 45. A complete copy of the operating instructions, policies, and/or procedures for the security camera system in place at the subject school on May 10, 2019. 46. Any and allrecords regarding disciplinary issues involving C.L.S. during his FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 tenure at the subject school. 47. Complete copies of each view of the camera(s) on the subject bus that plaintiff and/or C.J.S. rode home after the incident, if either person rode the bus, with audio, from the moment both plaintiff and C.J.S. entered the bus that afternoon until the bus driver exited the bus at the end of the shift for the lasttime that day. Please take further notice that to the extent any of the information in or documentation requested herein cannot be produced, then you are required to provide Plaintiff with an Affidavit from a representative of the Defendants having appropriate knowledge setting forth therein any efforts made to locate the information and/or documentation which is not able to be produced in compliance with thisNotice for Discovery and Inspection; the identity of the representatives who searched for the requested information and/or documentation; the identity of each such document unable to be located; whether or not the particular document ever existed and ifa particular document did previously exist but was subsequently destroyed, lost and/or misplaced, the Affidavit shall state so together with the circumstances under which any of the said documents were destroyed or lost; or if the particular document does exist but is not presently in the possession of the Defendants, then the Affidavit shall identify the name and address of the present custodian of all such documents. Please take further notice that the aforesaid Demands are continuous in nature and any items of information and/or documentation demanded that is received subsequent to the date of this Notice for Discovery and Inspection is required to be produced within 30 days after receipt FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 thereof. DATED: Buffalo, New York November 16, 2020 oseph . Nicastro, Esq. WOLFF NICASTRO HALL Attorneys for Plaintyfs 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-800 TO: Louis B. Dingeldey, Esq. BAXTER SMITH & SHAPIRO, P.C. Attorneys for Defendants 182 Dwyer Street West Seneca, New York 14224 FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE N.J.S., an infant, by and through his DEMAND FOR VERIFIED BILL Parent, and Natural Guardian, OF PARTICULARS MICHELE SARDO, and MICHELE SARDO, Individually, Index No.: 805265/2020 Plaintiff, -vs.- WEST SENECA CENTRAL SCHOOL DISTRICT WEST SENECA CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION WEST SENIOR HIGH SCHOOL, Defendants. PLEASE TAKE NOTICE, the plaintiffs hereby demand that you serve upon their attorneys, within ten (10) days after the date of service hereof, a Verified Bill of Particulars of the claims of defendants, specifying and stating the following: defendants' 1. Particularize claim that plaintiff was under an obligation to mitigate her damages and has failed to do so, specifying the omissions of plaintiff, the directives or warnings plaintiff failed to follow, the actions of plaintiff which were in contravention of mitigating her damages, and the manner in which such actions by plaintiff worsened her condition and/or led to the cessation of any improvement in her physical condition. defendants' 2. Particularize the claim that the complaint should be dismissed for failure to state a cause of action against the defendants. FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 . . defendants' 3. Particularize claim that this Court lacks jurisdiction over the subject matter of this action. defendants' 4. Particularize the claim that the Complaint should be dismissed on the grounds that the plaintiff's cause of action is barred by the applicable statute of limitations. defendants' 5. Particularize the claim that the complaint should be dismissed as defendants allegedly were not involved in tortious conduct. defendants' 6. Particularize the claim that the plaintiff has failed to comply with a condition precedent in failing to serve a proper and timely Notice of Claim, as to one or more of the claims set forth in the Complaint, setting forth: (a) The manner in which itwill be claimed at trialthat plaintiff failed to comply with a condition precedent in allegedly failing to serve a proper a timely Notice of Claim; and (b) A statement identifying the specific claim(s) which forms the basis of this defense. defendants' 7. Particularize the claim that plaintiffs have not effectuated valid service in light of the annexed affidavits of service upon defendants. defendants' 8. Particularize the claim that the defendants are entitled to qualified and/or absolute immunity from suit, specifying the manner in which it will be claimed at trial that defendants are entitled said immunity. defendants' 9. Particularize the claim that the actions complained of herein, were the results of discretionary determinations, thereby affording defendants immunity from suit. defendants' 10. Particularize the claim that this action cannot be properly brought without a necessary party, setting forth: FILED: ERIE COUNTY CLERK 07/21/2022 02:26 PM INDEX NO. 805265/2020 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 07/21/2022 (a) A statement identifying the alleged necessary party; and (b) The manner in which itwill be claimed at trialthat said party is necessary; and; (c) A statement explaining why the defendants have not impleaded any alleged necessary party. DATED: Buffalo, New York November 16, 2020 Jo p . Nicastro, E . OR WOLFF STRO HALL Atto eys for Plaintifs 350 Main Street, Suite 2140 Buffalo, New York 14202 (716) 848-800 TO: Louis B. Dingeldey, Esq. BAXTER SMITH & SHAPIRO, P.C. Attorneys for Defendants 182 Dwyer Street West Seneca, New York 14224