Preview
FILED: NEW YORK COUNTY CLERK 12/07/2021 10:50 AM INDEX NO. 951296/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOHN DOE,
Plaintiff,
-against- Index No. 951296/2021
ARCHDIOCESE OF NEW YORK, HOLY CHILD
CHURCH, HOLY CHILD SCHOOL OF RELIGION,
and MORGAN KUHL,
Defendants.
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STANDARD AUTOMATIC DISCLOSURES DIRECTED AT PLAINTIFF
Absent good cause shown and pursuant to Section IX of Case Management Order No. 2, and any
subsequent Case Management Order issued by the Court, within 30 days of the filing of an Answer
in a CVA action, plaintiff shall serve upon the answering defendant a response to the following:
1. Response to this Standard Automatic Disclosures directed at Plaintiffs and Common
Demand for Verified Bill of Particulars.
2. Duly executed HIPAA-compliant authorizations together with the name and last known
address for the medical provider and/or facility for the following:
Item 1. Medical Records:
(a) each pediatrician, physician, specialist and/or medical, mental health or other health care
provider (e.g. nurse practitioner) or health care screener (i) that treated plaintiff with respect to any
physical or mental condition alleged in the complaint or bill of particulars from the first date of
the alleged abuse through the present, and (ii) that treated plaintiff with respect to any physical or
mental condition at any time during the two (2) years prior to the first date of the alleged abuse;
(b) each hospital, emergency room, walk-in clinic and/or urgent care clinic (i) that treated plaintiff
for any physical or mental condition alleged in the complaint or bill of particulars from the first
date of the alleged abuse through the present, and (ii) that treated plaintiff with respect to any
physical or mental condition at any time during the two (2) years prior to the first date of the
alleged abuse; 1 In processing authorizations provided by plaintiff during the course of the CVA
litigation, defendants will make best efforts not to disclose the caption of the subject litigation or
the fact that plaintiff is a party to litigation. In the event an authorization is insufficient to obtain
the records sought in this and any subsequent demands, defendants reserve their rights and will
not be precluded from issuing subpoenas or filing motions for the production of documents from
third-parties pursuant to the CPLR and existing case law.
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(c) each pharmacy (i) that has provided prescription medications to plaintiff for any physical or
mental condition alleged in the complaint or bill of particulars from the first date of the alleged
abuse through the present, and (ii) that provided prescription medications to plaintiff at any time
during the two (2) years prior to the first date of the alleged abuse to the present;
(d) each and every hospital or radiology practice where plaintiff has received x-rays; CT scans,
MR images, and/or PET scans or any other diagnostic test (i) with respect to any physical or mental
condition alleged in the complaint or bill of particulars from the first date of the alleged abuse
through the present, and (ii) with respect to any physical or mental condition at any time during
the two (2) years prior to the first date of the alleged abuse;
(e) each infirmary, health center or medical division, department or office within any jail, juvenile
detention center or penitentiary (i) that provided medical care and treatment for any physical or
mental condition alleged in the complaint or bill of particulars from the first date of the alleged
abuse through the present, and (ii) that provided medical care and treatment to plaintiff for any
physical or mental condition at any time during the two (2) years prior to the first date of the
alleged abuse;
(f) each school, college or university health services (i) that provided medical care and treatment
for any physical or mental condition alleged in the complaint or bill of particulars from the first
date of the alleged abuse through the present, and (ii) that provided medical care and treatment to
plaintiff for any physical or mental condition at any time during the two (2) years prior to the first
date of the alleged abuse.
Item 2. Mental Health Records: (a) each mental health professional or provider, who has ever
treated plaintiff or with whom plaintiff has ever consulted in any capacity at any time in plaintiff’s
life; (b) each psychiatric treatment facility, hospital, clinic and/or center where plaintiff has
received treatment and/or has been admitted at any time in plaintiff’s life; (c) each infirmary, health
center or medical division, department or office within any jail, juvenile detention center or
penitentiary where plaintiff has ever been housed at any time in plaintiff’s life; (d) each school,
college or university mental health or counseling services at any time in plaintiff’s life; (e) each
alcohol, drug and/or addiction clinic and/or treatment center providing emotional, psychiatric or
psychological or neuropsychiatric services where plaintiff has ever received treatment and/or has
been admitted at any time in plaintiff’s life.
Item 3. Marriage/Couples’ Counseling: (a) Where plaintiff alleges damage to his/her marriage
or ability to form or maintain romantic and/or sexual relationships, or where plaintiff’s spouse or
domestic partner asserts a cause of action for loss of services, each plaintiff shall provide an
authorization for each provider, practice, group, institution, center, and/or individual practitioner
where plaintiff has sought marriage counseling, marriage therapy, couples’ counseling and/or
couples’ therapy at any time in plaintiff’s life subject to appropriate redactions where the spouse
has not placed his/her condition in controversy.
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Item 4. Employment Records:
(a) To the extent plaintiff asserts a claim for loss of earnings, plaintiff shall provide a fully executed
authorization allowing defendants to obtain plaintiff’s employment file(s), personnel file(s),
human resources file(s), performance file(s), earnings file(s), benefits file(s), and disciplinary
file(s) from plaintiff’s current employer.
(b) For any period during which plaintiff asserts a claim for loss of earnings and for five years
prior to that period, if a claim for loss of earnings is asserted, plaintiff shall provide with respect
to any employers, specifically excluding any current employer, a fully executed authorization
allowing defendants to obtain plaintiffs employment file(s), personnel file(s), human resources
file(s), performance file(s), benefits file(s), and disciplinary file(s).
Item 5. Educational Records:
Fully executed authorizations and waivers of confidentiality, including appropriate HIPAA-
compliant and/or FERPA-compliant language allowing for and directing release to defendants of
any documents and statements from each elementary, junior high/middle school, and high school
or institution of higher learning (college, university, graduate school, professional school, etc.,)
that plaintiff attended, including but not limited to documents relating to:
(a) grades, and or academic performance;
(b) parent-administration conferences;
(c) attendance records;
(d) standardized testing records;
(e) student transcripts;
(f) disciplinary records; and
(g) student health or mental health or counselling records.
Item 6. Law Enforcement/Children’s Services/Prior Claims:
(a) Fully executed and unlimited HIPAA-compliant authorizations executed by plaintiff affording
defendants unlimited access to any documents and statements relating to any past and/or ongoing
or current investigation including all files, documents, referrals and investigations into plaintiff
and/or plaintiff’s family, including foster family, and the household or foster household in which
plaintiff was residing at the time of the alleged abuse and at any time in plaintiff’s life before or
since the abuse alleged in the Complaint took place, by each private, non-profit or governmental
entity that protects and promotes the well-being of children including but not limited to the NYS
Office of Children and Family Services, NYC Administration for Children’s Services (“ACS”) or
any child welfare agency or organization or victims’ advocacy or counseling organization relating
to the allegations in the Complaint;
(b) Fully executed and unlimited HIPAA-compliant authorizations and New York Civil Rights
Law 50-b waiver executed by plaintiff affording defendants unlimited access to any documents
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and statements, including but not limited to complaints, files, documents, referrals and
investigations by each law enforcement entity, including but not limited to any police department
and any Office of the District Attorney, U.S. Attorney’s Office, State Attorneys General or relevant
public prosecutor, relating to: i. the allegations of sexual abuse of plaintiff as asserted in the
Complaint and Verified Bill of Particulars; and ii. any other allegation of abuse that plaintiff has
ever alleged or asserted against any other entity, individual, institution, employer, school, or
organization that is not a party to the CVA action;
(c) All records of any complaint of alleged sexual abuse or assault or physical abuse or assault,
including any prior claim, complaint, statement, allegation, and/or sworn statement of plaintiff
against any entity or person, including: i. a waiver of any confidentiality which may otherwise
preclude disclosure of the underlying facts of such claims; and ii. a waiver of any confidentiality
which may otherwise preclude disclosure of plaintiff’s allegations, statements and testimony;
(d) Fully executed, HIPAA-compliant authorizations and New York Civil Rights Law 50-b
waivers for all items identified in response to paragraph (c) and (d);
(e) Fully executed, HIPAA-compliant authorizations, unsealing authorizations, and New York
Civil Rights Law 50-b waivers for all Family Court records relating to plaintiff in the CVA action
and/or to plaintiff’s family of origin, household in which plaintiff resided at the time of the alleged
abuse, or foster placement family(ies), if relevant, including HIPAA-compliant and unsealing
authorizations for records of neglect, removal, PINS records, or juvenile delinquency proceedings.
3. Copies of all written statements, tape recordings, videotapes or any transcripts or notes
thereof, electronic or otherwise made by or on behalf of the above-named defendant(s)
whether signed or unsigned, or the transcript of any electronically recorded statement in
accordance with CPLR 3101(e).
4. The names and addresses of all eyewitnesses and notice witnesses to the allegations set
forth in the complaint and/or bill of particulars.
Objections to discovery based on privilege, confidentiality or immunity shall state with some
specificity that the documents in each category are entitled to protected status; expressly
justify the privilege asserted for each category; and describe the nature of the documents to
be protected in a manner that will enable the other parties to assess the claim without
revealing the privileged information.
No documents or information subject to a claim of privilege, confidentiality or immunity
from disclosure shall be produced until the claim of privilege, confidentiality or immunity is
resolved by the Court.
Nothing contained in these automatic disclosures shall be considered a waiver of any party’s
rights to pursue any further discovery including, but not limited to, discovery requested
above, but for a different time frame. These demands shall be deemed to continue during the
pendency of the CVA action, including the trial thereof.
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All parties retain their rights to object and/or to move with regard to the foregoing demands
in accordance with the CPLR and existing case law.
The fact that these demands are made a part of the Case Management Order does not in any
way alter or waive a party’s right to object and/or to move with regard to any of the demands
herein.
Dated: New York, New York
December 7, 2021
McLaughlin & Stern LLP
Alan E. Sash
By:_______________________
Alan E. Sash
Attorneys for Defendant Morgan Kuhl
260 Madison Avenue
New York, NY 10016
(212) 448-1100
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Preview
FILED: NEW YORK COUNTY CLERK 12/07/2021 10:50 AM INDEX NO. 951296/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------x JOHN DOE, Plaintiff, -against- Index No. 951296/2021 ARCHDIOCESE OF NEW YORK, HOLY CHILD CHURCH, HOLY CHILD SCHOOL OF RELIGION, and MORGAN KUHL, Defendants. ----------------------------------------------------------------x STANDARD AUTOMATIC DISCLOSURES DIRECTED AT PLAINTIFF Absent good cause shown and pursuant to Section IX of Case Management Order No. 2, and any subsequent Case Management Order issued by the Court, within 30 days of the filing of an Answer in a CVA action, plaintiff shall serve upon the answering defendant a response to the following: 1. Response to this Standard Automatic Disclosures directed at Plaintiffs and Common Demand for Verified Bill of Particulars. 2. Duly executed HIPAA-compliant authorizations together with the name and last known address for the medical provider and/or facility for the following: Item 1. Medical Records: (a) each pediatrician, physician, specialist and/or medical, mental health or other health care provider (e.g. nurse practitioner) or health care screener (i) that treated plaintiff with respect to any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that treated plaintiff with respect to any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; (b) each hospital, emergency room, walk-in clinic and/or urgent care clinic (i) that treated plaintiff for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that treated plaintiff with respect to any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; 1 In processing authorizations provided by plaintiff during the course of the CVA litigation, defendants will make best efforts not to disclose the caption of the subject litigation or the fact that plaintiff is a party to litigation. In the event an authorization is insufficient to obtain the records sought in this and any subsequent demands, defendants reserve their rights and will not be precluded from issuing subpoenas or filing motions for the production of documents from third-parties pursuant to the CPLR and existing case law. {N0410771.1} 1 1 of 5 FILED: NEW YORK COUNTY CLERK 12/07/2021 10:50 AM INDEX NO. 951296/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/07/2021 (c) each pharmacy (i) that has provided prescription medications to plaintiff for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that provided prescription medications to plaintiff at any time during the two (2) years prior to the first date of the alleged abuse to the present; (d) each and every hospital or radiology practice where plaintiff has received x-rays; CT scans, MR images, and/or PET scans or any other diagnostic test (i) with respect to any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) with respect to any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; (e) each infirmary, health center or medical division, department or office within any jail, juvenile detention center or penitentiary (i) that provided medical care and treatment for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that provided medical care and treatment to plaintiff for any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; (f) each school, college or university health services (i) that provided medical care and treatment for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that provided medical care and treatment to plaintiff for any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse. Item 2. Mental Health Records: (a) each mental health professional or provider, who has ever treated plaintiff or with whom plaintiff has ever consulted in any capacity at any time in plaintiff’s life; (b) each psychiatric treatment facility, hospital, clinic and/or center where plaintiff has received treatment and/or has been admitted at any time in plaintiff’s life; (c) each infirmary, health center or medical division, department or office within any jail, juvenile detention center or penitentiary where plaintiff has ever been housed at any time in plaintiff’s life; (d) each school, college or university mental health or counseling services at any time in plaintiff’s life; (e) each alcohol, drug and/or addiction clinic and/or treatment center providing emotional, psychiatric or psychological or neuropsychiatric services where plaintiff has ever received treatment and/or has been admitted at any time in plaintiff’s life. Item 3. Marriage/Couples’ Counseling: (a) Where plaintiff alleges damage to his/her marriage or ability to form or maintain romantic and/or sexual relationships, or where plaintiff’s spouse or domestic partner asserts a cause of action for loss of services, each plaintiff shall provide an authorization for each provider, practice, group, institution, center, and/or individual practitioner where plaintiff has sought marriage counseling, marriage therapy, couples’ counseling and/or couples’ therapy at any time in plaintiff’s life subject to appropriate redactions where the spouse has not placed his/her condition in controversy. {N0410771.1} 2 2 of 5 FILED: NEW YORK COUNTY CLERK 12/07/2021 10:50 AM INDEX NO. 951296/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/07/2021 Item 4. Employment Records: (a) To the extent plaintiff asserts a claim for loss of earnings, plaintiff shall provide a fully executed authorization allowing defendants to obtain plaintiff’s employment file(s), personnel file(s), human resources file(s), performance file(s), earnings file(s), benefits file(s), and disciplinary file(s) from plaintiff’s current employer. (b) For any period during which plaintiff asserts a claim for loss of earnings and for five years prior to that period, if a claim for loss of earnings is asserted, plaintiff shall provide with respect to any employers, specifically excluding any current employer, a fully executed authorization allowing defendants to obtain plaintiffs employment file(s), personnel file(s), human resources file(s), performance file(s), benefits file(s), and disciplinary file(s). Item 5. Educational Records: Fully executed authorizations and waivers of confidentiality, including appropriate HIPAA- compliant and/or FERPA-compliant language allowing for and directing release to defendants of any documents and statements from each elementary, junior high/middle school, and high school or institution of higher learning (college, university, graduate school, professional school, etc.,) that plaintiff attended, including but not limited to documents relating to: (a) grades, and or academic performance; (b) parent-administration conferences; (c) attendance records; (d) standardized testing records; (e) student transcripts; (f) disciplinary records; and (g) student health or mental health or counselling records. Item 6. Law Enforcement/Children’s Services/Prior Claims: (a) Fully executed and unlimited HIPAA-compliant authorizations executed by plaintiff affording defendants unlimited access to any documents and statements relating to any past and/or ongoing or current investigation including all files, documents, referrals and investigations into plaintiff and/or plaintiff’s family, including foster family, and the household or foster household in which plaintiff was residing at the time of the alleged abuse and at any time in plaintiff’s life before or since the abuse alleged in the Complaint took place, by each private, non-profit or governmental entity that protects and promotes the well-being of children including but not limited to the NYS Office of Children and Family Services, NYC Administration for Children’s Services (“ACS”) or any child welfare agency or organization or victims’ advocacy or counseling organization relating to the allegations in the Complaint; (b) Fully executed and unlimited HIPAA-compliant authorizations and New York Civil Rights Law 50-b waiver executed by plaintiff affording defendants unlimited access to any documents {N0410771.1} 3 3 of 5 FILED: NEW YORK COUNTY CLERK 12/07/2021 10:50 AM INDEX NO. 951296/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/07/2021 and statements, including but not limited to complaints, files, documents, referrals and investigations by each law enforcement entity, including but not limited to any police department and any Office of the District Attorney, U.S. Attorney’s Office, State Attorneys General or relevant public prosecutor, relating to: i. the allegations of sexual abuse of plaintiff as asserted in the Complaint and Verified Bill of Particulars; and ii. any other allegation of abuse that plaintiff has ever alleged or asserted against any other entity, individual, institution, employer, school, or organization that is not a party to the CVA action; (c) All records of any complaint of alleged sexual abuse or assault or physical abuse or assault, including any prior claim, complaint, statement, allegation, and/or sworn statement of plaintiff against any entity or person, including: i. a waiver of any confidentiality which may otherwise preclude disclosure of the underlying facts of such claims; and ii. a waiver of any confidentiality which may otherwise preclude disclosure of plaintiff’s allegations, statements and testimony; (d) Fully executed, HIPAA-compliant authorizations and New York Civil Rights Law 50-b waivers for all items identified in response to paragraph (c) and (d); (e) Fully executed, HIPAA-compliant authorizations, unsealing authorizations, and New York Civil Rights Law 50-b waivers for all Family Court records relating to plaintiff in the CVA action and/or to plaintiff’s family of origin, household in which plaintiff resided at the time of the alleged abuse, or foster placement family(ies), if relevant, including HIPAA-compliant and unsealing authorizations for records of neglect, removal, PINS records, or juvenile delinquency proceedings. 3. Copies of all written statements, tape recordings, videotapes or any transcripts or notes thereof, electronic or otherwise made by or on behalf of the above-named defendant(s) whether signed or unsigned, or the transcript of any electronically recorded statement in accordance with CPLR 3101(e). 4. The names and addresses of all eyewitnesses and notice witnesses to the allegations set forth in the complaint and/or bill of particulars. Objections to discovery based on privilege, confidentiality or immunity shall state with some specificity that the documents in each category are entitled to protected status; expressly justify the privilege asserted for each category; and describe the nature of the documents to be protected in a manner that will enable the other parties to assess the claim without revealing the privileged information. No documents or information subject to a claim of privilege, confidentiality or immunity from disclosure shall be produced until the claim of privilege, confidentiality or immunity is resolved by the Court. Nothing contained in these automatic disclosures shall be considered a waiver of any party’s rights to pursue any further discovery including, but not limited to, discovery requested above, but for a different time frame. These demands shall be deemed to continue during the pendency of the CVA action, including the trial thereof. {N0410771.1} 4 4 of 5 FILED: NEW YORK COUNTY CLERK 12/07/2021 10:50 AM INDEX NO. 951296/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/07/2021 All parties retain their rights to object and/or to move with regard to the foregoing demands in accordance with the CPLR and existing case law. The fact that these demands are made a part of the Case Management Order does not in any way alter or waive a party’s right to object and/or to move with regard to any of the demands herein. Dated: New York, New York December 7, 2021 McLaughlin & Stern LLP Alan E. Sash By:_______________________ Alan E. Sash Attorneys for Defendant Morgan Kuhl 260 Madison Avenue New York, NY 10016 (212) 448-1100 {N0410771.1} 5 5 of 5