Motion to Quash Service of Subpoena in Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic| Trellis.Law

On March 12, 2020 a Party Discovery was filed involving a dispute between Caroline Borrino, and Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Dominic, Sisters Of St. Joseph, for Torts - Child Victims Act in the District Court of Kings County.

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FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

EXHIBIT E
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
CAROLINE BORRINO, Index No. 506296/2020

Plaintiff, NOTICE OF SERVICE
OF SUBPOENA DUCES TECUM
-against-

DIOCESE OF BROOKLYN,OUR LADY OF
GUADALUPE CHURCH AND SCHOOL,
SISTERS OF ST. JOSEPH,and SISTERS OF ST.
DOMINIC,

Defendants.
x

PLEASE TAKE NOTICE that on June 9, 2023, Defendant Sisters of the. Order of St. Dominic

(incorrectly sued herein as Sisters of St. Dominic), by its attorneys, Farrell Fritz, P.C., served the

attached Subpoena Duces Tecum on Diocese of Rockville Centre, Department of Education.

Dated: Uniondale, New York
June 13, 2023

Respectfully submitted,
FARRELL FRITZ, P.C.
By: s/ Do-ntenvizitte/Ca-macho- Marcurt
.
Domenique Camacho Moran
Irene Zoupaniotis
Jana A. Schwartz
Attorneysfor Defendant
Sisters ofthe Order ofSt. Dominic
400 RXR Plaza
Uniondale, NY 11556
516.227.0700
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

TO: Marsh Law Firm PLLC
James R. Marsh
Attorneysfor Plaintiff
31 Hudson Yards, 11th Floor
New York, NY 10001
212.372.3030

Pfau Cochran Vertetis Amala PLLC
Anelga Doumanian
Attorneysfor Plaintiff
31 Hudson Yards, 11th Floor
New York, NY 10001
212.300.2444

Shaub, Ahmuty, Citrin & Sprat, LLP
Jeremy S. Rosof
Attorneysfor Defendant
The Roman Catholic Diocese ofBrooklyn, New York
1983 Marcus Avenue, Suite 260
Lake Success, NY 11042
516.488.3300

Scahill Law Group P.C.
Francis J. Scahill
Attorneysfor Defendants
Our Lady ofGuadalupe Church and School and
Sisters ofSt. Joseph
1065 Stewart Avenue, Suite 210
Bethpage, NY 11714
516.294.5200

FF\I 3602704.1
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
BO= Index No. /2020

Plaintiff, SUBPOENA DUCES TECUM

-against-

DIOCESE OF BROOKLYN,OUR LADY OF
GUADALUPE CHURCH AND SCHOOL,SISTERS
OF ST. JOSEPH,and SISTERS OF ST. DOMINIC,

Defendants.
x
TO: Diocese of Rockville Centre
Department of Education
128 Cherry Lane
Hicksville, New York 11801

WE COMMAND YOU,that all business and excuses being laid aside, you produce within

20 days after service thereof, at 9:30 a.m., at the offices of Farrell Fritz, P.C, 400 RXR Plaza,

Uniondale, New York 11556, Attn: Domenique Camacho Moran, Esq., complete and accurate

copies of the documents identified on the attached Schedule A, now in your possession, custody

or control concerning these matters, for purposes of inspection and/or copying and/or testing

and/or photographing, after which they will be returned.

PLEASE TAKE NOTICE that your production of documents in response to this

Subpoena must be accompanied by a certification, pursuant to Civil Practice Law and Rules, Rule

3122-a, certifying that any documents produced in response to this Subpoena are business records

maintained by the subpoenaed business entity. Pursuant to CPLR § 3101 (a)(4), this disclosure is

sought because the witness is likely to have documents and things in its possession, custody and/or

control that cannot be obtained from other sources.

1
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

Failure to comply with this subpoena is punishable as a contempt of Court and shall make

you liable to the person on whose behalfthis subpoena was issued for a penalty not to exceed fifty

dollars and all damages sustained by reason of your failure to comply.

Dated: Uniondale, New York
June 5,2023

Respectfully submitted,
FARRELL FRITZ,P.C.

By: /s/Domenique Camacho Moran
Domenique Camacho Moran
Irene Zoupaniotis
Jana A. Schwartz
Attorneysfor Defendant Sisters ofthe
Order ofSt. Dominic
400 RXR Plaza
Uniondale, NY 11556
516.227.0700

TO: Marsh Law Firm PLLC
James R. Marsh
Attorneysfir Plaint
31 Hudson Yards, 11th Floor
New York, NY 10001
212.372.3030

Pfau Cochran Vertetis Amala PLLC
Anelga Doumanian
Attorneysfor Plaintiff
31 Hudson Yards, 11th Floor
New York, NY 10001
212.300.2444

Shaub, Ahmuty, Citrin & Spratt, LLP
Jeremy S. Rosof
Attorneysfor Defendant
The Roman Catholic Diocese ofBrooklyn, New York
1983 Marcus Avenue, Suite 260
Lake Success, NY 11042
516.488.3300

2
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

Scahill Law Group P.C.
Francis J. Scahill
Attorneysfor Defendants
Our Lady ofGuadalupe Church and School and
Sisters ofSt. Joseph
1065 Stewart Avenue, Suite 210
Bethpage, NY 11714
516.294.5200

3
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

SCHEDULE A TO SUBPOENA DUCES TECUM

DEFINITIONS

The following definitions apply throughout this Subpoena:

1. "And" or "or" shall be construed either disjunctively or conjunctively as necessary

to bring within the scope ofthe disclosure request all documents that might otherwise be construed

as outside the scope. "Each" shall be construed to include the word "every," and "every" shall be

construed to include the word "each." "Any" shall be construed to include the word "all," and

"all" shall be construed to include the word "any."

2. "Communication" or "communicate" means every manner of transmitting and

receiving facts, information, opinions,and thoughts, whether orally, by document, writing or copy

thereof, in conferences or conversations, or otherwise, including but not limited to, oral

statements, telephone conversations, negotiations, conferences and meetings (however formal or

informal), transmission of data by computer, including "email" or "voice mail" or the like.

3. "Regarding," "concerning," "referring," "relating," "reflecting," "concern,"

"refer," "relate," "reflect," means and includes: with respect to, referring to, relating to,

purporting, pertaining, involving, embodying, mentioning, establishing, evidencing, comprising,

connected with, commenting on,responding to, prepared in connection with, prepared as a result

of, showing, discussing, describing, analyzing, reflecting, presenting or constituting.

4. "Document" as used herein means, but is not limited to, the following items,

whether printed or recorded or reproduced by any mechanical or electronic process, or written or

produced by hand, namely: agreements; contracts; communications, including intra-company

communications; correspondence; letters; memoranda; record books; notes; reports; opinions;

electronic mail (including any primary or back-up files); summaries, notes, memoranda, or other

4
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

records of personal conversations or interviews; diaries, electronic or otherwise (including any

primary or back-up files); calendars; organizers; forecasts; statistical statements; cost summaries;

accountants' or bookkeepers' work papers, graphs, charts or accounts; logs (including all cell

phone and land phone logs); analytical records; minutes, notes, memoranda, or other records of

meetings, conferences or telephone calls; reports, notes, memoranda,summaries, or other records

of investigations; audit reports; internal audit reports; opinions or reports of consultants'

appraisals; trade letters; notices; projections; drafts of any documents; working papers; checks,

front and back; check stubs or receipts; invoices, front and back, and any attachments thereto; or

any other documents or writing of whatever description, including, but not limited to, any

information contained in any computer although not yet in printed form in the possession, custody

or control of you, your agents, or any other persons acting or purporting to act on your behalf.

These definitions include drafts of all "documents" regardless of whether they were executed or

not.

5. "Electronic Documents" mean all work-product or activity produced or recorded

by electronic means, including but not limited to e-mails, word-processing files (including drafts,

edits, control, version histories and metadata), spreadsheets (including formulas), databases,

presentation files (e.g. PowerPoint, Director, etc.), accounting files (e.g. Peachtree, QuickBooks,

etc.), desktop publishing/graphic files (e.g. Adobe, Corel), TIFF files (e.g. electronic facsimiles,

document images, etc.), Adobe Acrobat images, JPEG files, data files, and archived media,

including any hard copies of any electronic documents that have been altered or destroyed,

whether located on disk, diskette, CD, hard drive or any other device for the storage of

computerized data.

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FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

INSTRUCTIONS

The following instructions apply throughout this Subpoena Duces Tecum:

1. You are requested to produce all responsive documents within your possession,

custody, or control or in the possession,custody, or control of your attorneys, accountants, experts,

investigators, or other agents, representatives, consultants, or trustees, wherever located.

2. Pursuant to CPLR 3122(c), you are requested to produce each document requested

herein with an indication of the particular paragraph(s) or subparagraph(s) hereof to which the

document is responsive.

3. The use of a verb in any tense shall be construed as the use of the verb in all other

tenses, wherever necessary to bring within the scope of the demand all documents that might

otherwise be construed to be outside of its scope.

4. Pursuant to CPLR 3122 (b), if a claim of privilege is asserted in objecting to any

Request, or sub-part thereof, and a full response is not provided on the basis of such assertion,

respond to any part ofthe Request which is not objectionable, produce all non-privileged portions

of responsive documents in redacted form, and furnish the following information with respect to

that portion of the Request as to which the claim of privilege is asserted: (1) the nature of the

privilege (including work product) which is being claimed; (2) the type of document or thing

withheld;(3) the general subject matter of the document;(4) the date of the document;(5) such

other information as is sufficient to identify any withheld material for a subpoena duces tecum,

including where applicable, the author(s) ofthe document,the addressee(s)ofthe documents, and,

where not apparent, the relationship ofthe author and addressee to each other.

5. References to the plural shall include the singular, and references to the singular

shall include the plural.

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NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

6. In the event that any document requested has been destroyed or otherwise disposed

of, that document is to be identified by author, addressee, indicated or blind copies, date, subject

matter, number of pages, attachments or appendices, all persons to whom distributed, shown or

explained, date of destruction or other disposition, person authorizing destruction or other

disposition, and persons destroying or disposing ofthe document.

7. If any of the information requested is available in machine-readable form (such as

punch cards, paper or magnetic tapes, drums,disks, zip disks, compact discs, or core storage), state

the form in which it is available and describe the type of computer or other machinery required to

read the record. If the information requested is only available in machine-readable form, indicate

whether you have any existing program that will print the records in some form, and identify the

person(s) who are familiar with the program. Ifno program exists, state whether you could develop

one or whether an existing program could be modified to print the records in a readable form.

8. Electronic Documents should be produced electronically on hard disks, compact

discs or DVDs,or uploaded to a designated FTP site upon instruction. The data should contain all

Metadata associated with the Electronic Documents and associated Load Files. Unless otherwise

indicated, all spreadsheet documents (Microsoft Excel, CSV, etc.) should be produced in native

format, with a spacer image sheet indicating that the file was produced in native format, and

containing a Bates number for easy reference. Email should be produced in electronic form in a

manner that preserves the relationship between each email and all ofits attachments as well as the

imaged files. For any Electronic Document that is password locked or encrypted, the password or

key associated with the Electronic Document shall be provided. Each page of the Documents

produced should be marked with a unique document production (or other identification) number.

9. If you find the meaning of any term in the Request unclear, without waiver of

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FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

Defendant's right to seek a full and complete response to the Request, you shall assume a

reasonable meaning, state what that assumed meaning is, and respond to the Request according to

the assumed meaning.

10. If a document is no longer in your possession, but a copy of said document has been

maintained by an agent or consultant for you (such as, but not limited to, your accountants,

auditors, attorneys, assistants, bankers, affiliates, or any expert retained by you), identify such

document and identify the present custodian ofsuch document.

1 1. Each page of each document produced should be assigned a specific production or

"Bates" number and labeled accordingly.

12. Pursuant to CPLR 3101 (h), this Notice shall be deemed continuing so as to require

prompt, further and supplemental production (without further request by the propounder of this

Notice) if you locate or obtain possession, custody, or control or knowledge of the location of

additional responsive documents at any time prior to trial herein.

13. Unless otherwise specified, these Requests concern the time period from 1987

through present.

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FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

DOCUMENT DEMANDS

Request No.1: A complete copy of Kenneth Pilpel's personnel file, including, but not

limited to, hisjob application, resume,job title(s),job description(s), employment contract, human

resources records, performance appraisals and reviews, disciplinary records, medical records,

unemployment benefits, disability benefits, payroll records, training records, and any documents

related to his termination.

Request No.2: Any and all documents and communications that reflect Kenneth Pilpel's

employment at St. Brigid's School.

Request No.3: Any and all documents and communications that reflect Kenneth Pilpel's

employment with, retention by, and/or separation with St. Brigid's School.

FR13602670.1
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

Caroline Borrino ATTORNEY: FARRELL FRITZ, P.0
Plaintiff(s),
I NDEX NUMBER: 506296/2020
vs.
DATE OF FILING:
Diocese of Brooklyn, et al
Defendant(s).

AFFIDAVIT OF SERVICE
STATE OF New York: COUNTY OF Nassau ss:

I, Lawrence Hyman, being duly sworn deposes and says deponent is not a party to this action and is over the age of eighteen years
and resides in the State of New York.

That on 06/09/2023 at 12:30 PM at 128 CHERRY LANE, Hicksville, NY 11801,
Deponent served the Subpoena Duces Tecum upon DIOCESE OF ROCKVILLE CENTRE Witness herein

Said service was effected in the following manner;

By delivering to and leaving a true copy with Janine Illiano at the same time paying (or tendering) in advance $15.00, the authorized
traveling expenses and one day's witness fee: Recipient is a person who is known to be the Controller of said business, and who is
authorized by said business to receive said documents.

Deponent describes the individual served to the best of deponent's ability at the time and circumstances of service as follows: Sex:
Female Skin: White Hair: Black/Gray Age (Approx): 65 Height(Approx): 5'5" Weight(Approx): 130-140 lbs Glasses: No Other:

I certify that the foregoing statements made by me are true, correct and my free act and deed. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment.

j
10
1 ‘
ti

awreke n
Sworn to before me this -
License No. Attorney # 2385235
J une 2023

ALEXANDER JAMES
NOTARY PUBLIC, STATE OF NEW YORK
REGISTRATION NO 01JA6029931
QUALIFIED IN NASSAU COUNTY
COMMISSION EXPIRES AUGUST 30, 2025
Executive Attorney Service, Inc. 585 Stewart Ave, Ste LL16, Garden City, NY 11530 516-333-3447 Lic# 142206(
Case No: 1679002
FILED: KINGS COUNTY CLERK 09/06/2023 06:44 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 09/06/2023

SUPREME COURT OF THE STATE OF NEW YORK Index No. 506296/2020
COUNTY OF KINGS

CAROLINE BORRINO,

Plaintiff,

-against-

DIOCESE OF BROOKLYN,OUR LADY OF GUADALUPE CHURCH AND SCHOOL,
SISTERS OF ST. JOSEPH,and SISTERS OF ST. DOMINIC,

Defendants.

NOTICE OF SERVICE OF SUBPOENA DUCES TECUM

FARRELL FRITZ,P.C.
Attorneysfor Defendant
Sisters ofthe Order ofSt. Dominic
400 RXR PLAZA
UNIONDALE,NY 11556-0120
(516)227-0700

This certification, pursuant to 22 NY.C.R.R. Part 130-1.1-a,
applies to thefollowing papers contained within this back:

1.Notice of Service of Subpoena Duces Tecum
2.Subpoena Duces Tecum
3. Affidavit of Service

Dated: June 13, 2023 Signature: $1DO-moniqu,e
, Camtach. 0- Marct44/
Domenique Camacho Moran

Case Info

Judge

Alexander M. Tisch Track Judge’s New Case

Case No.

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Document Filed Date

September 06, 2023

Case Filing Date

March 12, 2020

County

Parties

Anthony J. Acciarito Non Party
CAMACHO-MORAN, DOMENIQUE Attorney for the Defendant
Caroline Borrino Plaintiff
CHIARA, GIUSEPPE Attorney for the Defendant
DIOCESE OF BROOKLYN Defendant
DOUMANIAN, ANELGA ARTUN Attorney for the Plaintiff
GALLAGHER, TIMOTHY MADIGAN Attorney for the Defendant
LYNCH, MICHAEL CHARLES Attorney for the Defendant
MARSH, JAMES R. Attorney for the Plaintiff
Marsh Law Firm Attorney for the Plaintiff
MERKL, NEIL M Attorney for the Defendant
MORRISON, RANDALL L Attorney for the Defendant
ORTIZ, ROBERT Attorney for the Defendant
ORTIZ, ROBERT Attorney for the Defendants
OUR LADY OF GUADALUPE CHURCH AND SCHOOL Defendant
PCVA LAW Attorney for the Plaintiff
ROSOF, JEREMY S Attorney for the Defendant
ROSOF, JEREMY S Attorney for the Defendants
SCAHILL, FRANCIS J Attorney for the Defendant
SCAHILL, FRANCIS J Attorney for the Defendants
SCHWARTZ, JANA A Attorney for the Defendant
SISTERS OF ST. DOMINIC Defendant
SISTERS OF ST. JOSEPH Defendant
WHITE, CHRISTOPHER JOHN Attorney
ZOUPANIOTIS, IRENE APOSTOLOU Attorney for the Defendant
FRANCES HATCH Attorney
DANIEL DRAPER Attorney
GIANNA GULLI Attorney
FRANK SCARDILLI Attorneys for Defendants
CAROL LYNCH Attorneys for Plaintiffs
SALLY MONTELEONE Attorney
NATHAN WERKSMAN Attorneys for Plaintiffs
JORDAN MERSON Attorneys for Plaintiffs
JARED SCOTTO Attorneys for Plaintiffs
PATRICK GERAGHTY Attorneys for Defendants
CHARLES CORDOVA Attorneys for Defendants
MALLORY ALLEN Attorney
JOHN HANNIGAN Attorneys for Defendants
EDWARD KIM Attorneys for Defendants
James Wade Attorneys for Defendants
SHANNON GALLAGHER Attorney
JON SCAHILL Attorney
KELECHI ACHOLONU Attorney
JAMES SCAHILL Attorney
FRANCIS JUDGE Attorney
JAMES FLYNN Attorney

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Party Discovery: Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic

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