Preview
FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS: CVA PART 2
_____________________..__________________--__------__________Ç
CAROLINE BORRINO, : Motion Sequence No. 6
:
Plaintiff, : Index No.: 506296/2020
- against - : Hon. Alexander M. Tisch
DIOCESE OF BROOKLYN, OUR LADY OF : AF FIRMATION IN SUPPORT OF
GUADALUPE CHURCH AND SCHOOL, SISTERS : MOTION TO VACATE THE NOTE
OF ST. JOSEPH, and SISTERS OF ST. DOMINIC, : OF ISSUE AND CERTIFICATE
: OF READINESS
Defendants. :
____________________________________________________________Ç
FRANCIS J. SCAHILL, an attorney duly admitted to the practice of law before the
Courts of the State of New York, and not a party to the above-captioned action, affirms
the following to be true under the penalties of perjury pursuant to CPLR 2106:
1. I am a partner of the law firm of SCAHILL LAW GROUP, P.C., attorneys for
Defendants Our Lady of Guadalupe Church and School (the "Parish and School") and The
Sisters of St. Joseph (the "Sisters") (Collectively, the "Defendants") in the within action,
which is brought by the plaintiff under the Child Victims Act ("CVA"). As such and based
on my review of the litigation file maintained by my firm, I am fully familiar with the
Defendants'
matters set forth below. I submit this affirmation in support of the motion
("Motion") for an Order: pursuant to N.Y. Ct. Rules § 202.21(e), vacating plaintiff's Note
of Issue and Certificate of Readiness and striking this case from the Court's trial calendar;
and granting the Defendants such other and further relief as the Court deems just and
proper. In addition, pending the hearing and determination of this Motion, the Defendants
requests that pursuant to CPLR 3212(a) and CPLR 2201 the 90-day period for filing of
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dispositive motions in Section IV(4) of the First Compliance Conference Stipulation and
Order be suspended and/or stayed and would commence to run upon service of notice
of entry of this Court's Order determining the Motion only if the Motion were to be denied.
2. As set forth in greater detail below and in the accompanying memorandum
of law, an Order should be issued vacating plaintif f's Note of Issue and Certificate of
Readiness and striking this case from the Court's trial calendar because, by conceding
that significant discovery remains outstanding while simultaneously misstating material
facts regarding the completion of discovery , the Certificate of Readiness fails to materially
comply with the requirements of N.Y. Ct. Rules § 202.21, thereby rendering the filing of
the Note of Issue a nullity.
3. True copies of the following exhibits are annexed hereto in support of the
Defendants'
Motion:
Exhibit A: Plaintiff's Verified Bill of Particulars as to the Defendants, dated July
20 , 2021
Exhibit B: Standard Form for Second Compliance Conference Stipulation and
Order
Exhibit C: Transcript of the February 7, 2023 Deposition of Plaintiff Caroline
Borrino
Exhibit D: The Roman Catholic Diocese of Brooklyn, New York's Notice for
Discovery and Inspection of Social Media and Litigation Hold, dated
March 22, 2023, with proof of service
Exhibit E: Sisters of the Order of St. Dominic's ("SSD") June 5, 2023 Subpoena
Duces Tecum to the Diocese of Rockville Centre, Department of
Education, with proof of service
Exhibit F: SSD's June 9, 2023 Subpoena Duces Tecum to St. Brigid's School ,
with proof of service
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Exhibit G: Note of Issue and Certificate of Readiness, dated August 21, 2023
(NYSCEF No. 97)
Exhibit H: Decision & Order, entered August 21, 2023, granting the plaintiff's
motion to so-order proposed judicial subpoenas to the New York
Department of Education, East Meadow Schools, and Sewanhaka
Central High School District (NYSCEF No. 96).
4. On March 12, 2020, the plaintiff, Caroline Borrino (the "plaintiff"),
commenced this action pursuant to the New York Child Victims Act ("CVA"), CPLR 214-g,
by filing a Summons and Complaint naming as defendants the Roman Catholic Diocese
of Brooklyn, New York (the "Diocese") and Our Lady of Guadalupe Church and School
(the "Parish and School") and asserting causes of action for negligence, and outrage and
1).1
intentional infliction of emotional distress (NYSCEF No. In the Complaint, the plaintiff
alleged that between 1989 and 1990, when she was approximately 14 to 15 years old
and a student at the Parish and School, she was sexually abused on the premises of the
Parish and School by the alleged intentional tortfeasor, non-party Kenneth Pilpel ("Mr.
Pilpel"), who was then a teacher at the Parish and School. As a result of the alleged sexual
abuse, the plaintiff alleged that she sustained physical, emotional, and psychological
injuries.
5. On August 21, 2020, the Parish and School joined issue by filing a Verified
Answer in which it denied the material allegations in the plaintiff's Complaint (NYSCEF
No. 12). Along with their Verified Answer, the Defendants filed and served a Notice to
1 of papers that with the Court are
Pursuant to CPLR 2214(c), copies were filed previously electronically
referred to herein by their docket numbers on the New York State Courts Electronic Filing ("NYSCEF")
system.
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Take Deposition Upon Oral Examination wherein it notified all parties that it planned to
depose the plaintiff (fd.).
6. On or about December 18, 2020, counsel for the plaintiff, the Diocese, and
the Parish and School entered into a stipulation whereby they agreed, inter alia, to
consolidate this action with another action that the plaintiff commenced against the
Sisters of St. Joseph regarding the same allegations of abuse by Mr. Pilpel. On December
28, 2020, the Court so-ordered the stipulation and consolidated the two actions under
Index No. 506296/2020 (NYSCEF No. 17).
7. On June 18, 2021, the plaintiff filed her First Amended Complaint naming
as defendants the Diocese, the Parish and School, and the Sisters of St. Joseph and
asserting causes of action for negligence, and outrage and intentional infliction of
emotional distress (NYSCEF No. 25).
8. On or about July 20, 2021, the plaintiff served a Verified Bill of Particulars
as to the Defendants in response to the Common Demand for Verified Bill of Particulars
Plaintiffs2
Directed at (Exhibit A). In response to Section II., ¶ 5, of the Common Demand
for Verified Bill of Particulars Directed at Plaintiffs, which directed the plaintiff to set forth
the specific statute, law, rule, ordinance, or regulation that the plaintiff claims that the
Parish and School allegedly violated and the alleged acts or omissions giving rise to the
alleged violation, the plaintiff asserted various objections and responded, without waiving
her objections, that (Exhibit A [emphasis added]):
Per the Court's case management order Plaintiff has not yet been able to
pursue discovery, so Plaintiff is currently unable to provide a full and fair
2 Demand for Verified Bill of Particulars
The Common Directed at Plaintiffs is annexed as Exhibit B to Case
Management Order No. 2 (NYSCEF No. 7).
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response to this demand. The failure to protect Plaintiff from being sexually
abused may have violated statutes, laws, rules, ordinances or regulations,
particularly to the extent no effort was made to report the abuse of Plaintiff
or other children to law enforcement or the authorities, and such reporting
could have prevented the sexual abuse of Plaintiff. Plaintiff may supplement
this response as the parties engage in discovery.
9. On August 21, 2021, the Defendants joined issue by filing a Verified Answer
in which it denied the material allegations in the plaintiff's Complaint (NYSCEF No. 28).
Along with their Verified Answer, the Defendants filed and served a Notice to Take
Deposition Upon Oral Examination wherein it notified all parties that it planned to depose
the plaintiff (I .).
10. On or about January 4, 2022, counsel for the plaintiff, the Diocese, the
Parish and School, the Sisters of St. Joseph, and the Sisters of St. Dominic entered into
a stipulation whereby they agreed , inter alia, to consolidate this action with another action
that the plaintiff commenced against the Sisters of St. Dominic regarding the same
allegations of abuse by Mr. Pilpel. On January 14, 2022, the Court so-ordered the
stipulation and consolidated the two actions under the Index No. 506296/2020 (NYSCEF
No. 40).
12. On February 2, 2022, pursuant to the terms of the stipulation to consolidate
"so-ordered"
that the Court on January 14, 2022, the plaintiff filed her Second Amended
Complaint naming as defendants the Diocese, the Parish and School, the Sisters of St.
Joseph, and the Sisters of St. Dominic and asserting causes of action for negligence, and
outrage and intentional infliction of emotional distress (NYSCEF No. 42).
13. Thus, notwithstanding the 2020 index number, the plaintiff's repeated
complaints and consolidations mean that this action did not crystallize until last year,
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making it one of the youngest CVA actions on this Court's docket and a counterintuitive
candidate to be fast-tracked to trial.
14. Indeed, due to the plaintiff's actions, it was not until April 12, 2022, that
the Defendants filed an Answer in which it denied the material allegations in the plaintiff's
Second Amended Complaint, joining issue in the present consolidated matter (NYSCEF
No. 48). Along with its Answer to the Second Amended Complaint, the Defendants filed
and served a Notice to Take Deposition Upon Oral Examination wherein it notified all
parties for the third time under the current index number that it would depose the plaintiff
(Jd.).
15. On November 29, 2022, the Court issued the First Compliance Conference
Stipulation and Order ("CCO 1"), which provided, inter alia, that the end date for all
"TBD"
disclosure was and would be supplied by the Court and that "[t]he filing date for
the Note of Issue and Certificate of Readiness will be issued by the Court in the Second
Conference"
Compliance (NYSCEF No. 58). CCO 1 also stated that "[a]II dispositive
Issue."
motions must be filed within ninety (90) days of the Note of 15. To date, the
Court has not yet issued a Follow-Up Compliance Conference Stipulation and Order ("CCO
2") in this matter. However, the standard form for CCO 2 that is utilized in other CVA
cases in the New York City CVA regional court states that "[u]pon written approval of the
,"
Court, the Note of Issue and Certificate of Readiness shall be filed on or before
leaving a blank space where a date for the filing of the Note of Issue and Certificate of
Readiness is to be supplied in the order (Exhibit B).
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16. On February 7, 2023, the plaintiff appeared for her deposition by the
defendants in this matter (Exhibit C). At her deposition, the plaintiff testified , inter alia,
regarding the knowledge that various non-party witnesses might possess regarding her
alleged abuse by Mr. Pilpel. Specifically, the plaintiff testified that her husband, Anthony
Malewich, knows about her allegations in this lawsuit (Exhibit C at 18, 173). The plaintiff
testified that her friend, Cathy LoDuca, who was also a student at the Parish and School,
was aware that the plaintiff and Mr. Pilpel were secretly dating in the summer of 1990
and that Mr. Pilpel was making advances toward her (Exhibit C at 56-57, 63). The plaintiff
also testified that she told her cousin, Robert Bulone, that Mr. Pilpel was making her feel
very uncomfortable and that Mr. Bulone then spoke to Mr. Pilpel and told him to leave
her alone (Exhibit C at 60-62, 64-66).
17. On March 22 , 2023, the Diocese served a Notice for Discovery and
Inspection of Social Media and Litigation Hold on the plaintiff (Exhibit D). To date, the
Diocese has not received a response to this demand, which remains outstanding.
18. On or about June 2, 2023, the plaintif f served a subpoena on non-party
witness Father Anthony J. Acciarito ("Fr. Acciarito"), seeking his deposition as well as the
production of various documents and communications in his possession (NYSCEF No. 71).
On July 6, 2023, Fr. Acciarito filed a motion seeking an Order quashing the subpoena and
granting a protective order preventing the abuse of his non-party deposition pending
coordination with the plaintiff in another CVA action in which he is a named defendant
(NYSCEF Nos. 67-74). On July 21, 2023, the plaintiff filed papers opposing Fr. Acciarito's
motion and a cross-motion for sanctions against Fr. Acciarito's attorney, Frances N. Hatch,
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Esq. (NYSCEF Nos. 77-87). Both motions are currently pending and Fr. Acciarito has not
yet appeared for a deposition in this action.
19. On or about June 13, 2023, SSD served subpoenas duces tecum on the
Diocese of Rockville Centre, Department of Education (Exhibit E) and St. Brigid's School
(Exhibit F), seeking records of Mr. Pilpel's employment at St. Brigid's School prior to
teaching at the Parish and School.
20. On July 31, 2023, the Court signed the plaintiff's proposed Order to Show
Cause Regarding Issuance of Subpoenas to Public School entities, which requested the
Court to issue judicial subpoenas duces tecumto the New York Department of Education,
East Meadow Schools, and Sewanhaka Central High School District to provide records
pertaining to Mr. Pilpel while he was in their employ (NYSCEF No. 91).
21. On August 21, 2023, the plaintiff filed her Note of Issue and Certificate of
Readiness (Exhibit G). In the Note of Issue and Certificate of Readiness, the plaintiff
discovery"
stated that "[t]here are no outstanding requests for and "[t]here has been a
proceedings."
reasonable opportunity to complete the foregoing However, the plaintiff
did not certify that physical examinations (a/k/a independent medical examinations or
"IME's"
and potentially including mental examinations as well) had been completed, that
medical reports had been exchanged, or that discovery now known to be necessary had
affirmation."
been completed, but rather stated "see attorney In an affirmation annexed
to the Note of Issue and Certificate of Readiness, Anelga Doumanian, Esq., an attorney
representing the plaintiff in this matter, affirmed that "[a]s of this date, discovery has
been completed subject to the medical examinations (to the extent they will be
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conducted), the Court's so-ordered First Compliance Conference Stipulation and Order,
and the pending motion to quash the deposition of Anthony J. Acciarito (a witness
Preview
FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CVA PART 2 _____________________..__________________--__------__________Ç CAROLINE BORRINO, : Motion Sequence No. 6 : Plaintiff, : Index No.: 506296/2020 - against - : Hon. Alexander M. Tisch DIOCESE OF BROOKLYN, OUR LADY OF : AF FIRMATION IN SUPPORT OF GUADALUPE CHURCH AND SCHOOL, SISTERS : MOTION TO VACATE THE NOTE OF ST. JOSEPH, and SISTERS OF ST. DOMINIC, : OF ISSUE AND CERTIFICATE : OF READINESS Defendants. : ____________________________________________________________Ç FRANCIS J. SCAHILL, an attorney duly admitted to the practice of law before the Courts of the State of New York, and not a party to the above-captioned action, affirms the following to be true under the penalties of perjury pursuant to CPLR 2106: 1. I am a partner of the law firm of SCAHILL LAW GROUP, P.C., attorneys for Defendants Our Lady of Guadalupe Church and School (the "Parish and School") and The Sisters of St. Joseph (the "Sisters") (Collectively, the "Defendants") in the within action, which is brought by the plaintiff under the Child Victims Act ("CVA"). As such and based on my review of the litigation file maintained by my firm, I am fully familiar with the Defendants' matters set forth below. I submit this affirmation in support of the motion ("Motion") for an Order: pursuant to N.Y. Ct. Rules § 202.21(e), vacating plaintiff's Note of Issue and Certificate of Readiness and striking this case from the Court's trial calendar; and granting the Defendants such other and further relief as the Court deems just and proper. In addition, pending the hearing and determination of this Motion, the Defendants requests that pursuant to CPLR 3212(a) and CPLR 2201 the 90-day period for filing of 1 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 dispositive motions in Section IV(4) of the First Compliance Conference Stipulation and Order be suspended and/or stayed and would commence to run upon service of notice of entry of this Court's Order determining the Motion only if the Motion were to be denied. 2. As set forth in greater detail below and in the accompanying memorandum of law, an Order should be issued vacating plaintif f's Note of Issue and Certificate of Readiness and striking this case from the Court's trial calendar because, by conceding that significant discovery remains outstanding while simultaneously misstating material facts regarding the completion of discovery , the Certificate of Readiness fails to materially comply with the requirements of N.Y. Ct. Rules § 202.21, thereby rendering the filing of the Note of Issue a nullity. 3. True copies of the following exhibits are annexed hereto in support of the Defendants' Motion: Exhibit A: Plaintiff's Verified Bill of Particulars as to the Defendants, dated July 20 , 2021 Exhibit B: Standard Form for Second Compliance Conference Stipulation and Order Exhibit C: Transcript of the February 7, 2023 Deposition of Plaintiff Caroline Borrino Exhibit D: The Roman Catholic Diocese of Brooklyn, New York's Notice for Discovery and Inspection of Social Media and Litigation Hold, dated March 22, 2023, with proof of service Exhibit E: Sisters of the Order of St. Dominic's ("SSD") June 5, 2023 Subpoena Duces Tecum to the Diocese of Rockville Centre, Department of Education, with proof of service Exhibit F: SSD's June 9, 2023 Subpoena Duces Tecum to St. Brigid's School , with proof of service 2 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 Exhibit G: Note of Issue and Certificate of Readiness, dated August 21, 2023 (NYSCEF No. 97) Exhibit H: Decision & Order, entered August 21, 2023, granting the plaintiff's motion to so-order proposed judicial subpoenas to the New York Department of Education, East Meadow Schools, and Sewanhaka Central High School District (NYSCEF No. 96). 4. On March 12, 2020, the plaintiff, Caroline Borrino (the "plaintiff"), commenced this action pursuant to the New York Child Victims Act ("CVA"), CPLR 214-g, by filing a Summons and Complaint naming as defendants the Roman Catholic Diocese of Brooklyn, New York (the "Diocese") and Our Lady of Guadalupe Church and School (the "Parish and School") and asserting causes of action for negligence, and outrage and 1).1 intentional infliction of emotional distress (NYSCEF No. In the Complaint, the plaintiff alleged that between 1989 and 1990, when she was approximately 14 to 15 years old and a student at the Parish and School, she was sexually abused on the premises of the Parish and School by the alleged intentional tortfeasor, non-party Kenneth Pilpel ("Mr. Pilpel"), who was then a teacher at the Parish and School. As a result of the alleged sexual abuse, the plaintiff alleged that she sustained physical, emotional, and psychological injuries. 5. On August 21, 2020, the Parish and School joined issue by filing a Verified Answer in which it denied the material allegations in the plaintiff's Complaint (NYSCEF No. 12). Along with their Verified Answer, the Defendants filed and served a Notice to 1 of papers that with the Court are Pursuant to CPLR 2214(c), copies were filed previously electronically referred to herein by their docket numbers on the New York State Courts Electronic Filing ("NYSCEF") system. 3 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 Take Deposition Upon Oral Examination wherein it notified all parties that it planned to depose the plaintiff (fd.). 6. On or about December 18, 2020, counsel for the plaintiff, the Diocese, and the Parish and School entered into a stipulation whereby they agreed, inter alia, to consolidate this action with another action that the plaintiff commenced against the Sisters of St. Joseph regarding the same allegations of abuse by Mr. Pilpel. On December 28, 2020, the Court so-ordered the stipulation and consolidated the two actions under Index No. 506296/2020 (NYSCEF No. 17). 7. On June 18, 2021, the plaintiff filed her First Amended Complaint naming as defendants the Diocese, the Parish and School, and the Sisters of St. Joseph and asserting causes of action for negligence, and outrage and intentional infliction of emotional distress (NYSCEF No. 25). 8. On or about July 20, 2021, the plaintiff served a Verified Bill of Particulars as to the Defendants in response to the Common Demand for Verified Bill of Particulars Plaintiffs2 Directed at (Exhibit A). In response to Section II., ¶ 5, of the Common Demand for Verified Bill of Particulars Directed at Plaintiffs, which directed the plaintiff to set forth the specific statute, law, rule, ordinance, or regulation that the plaintiff claims that the Parish and School allegedly violated and the alleged acts or omissions giving rise to the alleged violation, the plaintiff asserted various objections and responded, without waiving her objections, that (Exhibit A [emphasis added]): Per the Court's case management order Plaintiff has not yet been able to pursue discovery, so Plaintiff is currently unable to provide a full and fair 2 Demand for Verified Bill of Particulars The Common Directed at Plaintiffs is annexed as Exhibit B to Case Management Order No. 2 (NYSCEF No. 7). 4 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 response to this demand. The failure to protect Plaintiff from being sexually abused may have violated statutes, laws, rules, ordinances or regulations, particularly to the extent no effort was made to report the abuse of Plaintiff or other children to law enforcement or the authorities, and such reporting could have prevented the sexual abuse of Plaintiff. Plaintiff may supplement this response as the parties engage in discovery. 9. On August 21, 2021, the Defendants joined issue by filing a Verified Answer in which it denied the material allegations in the plaintiff's Complaint (NYSCEF No. 28). Along with their Verified Answer, the Defendants filed and served a Notice to Take Deposition Upon Oral Examination wherein it notified all parties that it planned to depose the plaintiff (I .). 10. On or about January 4, 2022, counsel for the plaintiff, the Diocese, the Parish and School, the Sisters of St. Joseph, and the Sisters of St. Dominic entered into a stipulation whereby they agreed , inter alia, to consolidate this action with another action that the plaintiff commenced against the Sisters of St. Dominic regarding the same allegations of abuse by Mr. Pilpel. On January 14, 2022, the Court so-ordered the stipulation and consolidated the two actions under the Index No. 506296/2020 (NYSCEF No. 40). 12. On February 2, 2022, pursuant to the terms of the stipulation to consolidate "so-ordered" that the Court on January 14, 2022, the plaintiff filed her Second Amended Complaint naming as defendants the Diocese, the Parish and School, the Sisters of St. Joseph, and the Sisters of St. Dominic and asserting causes of action for negligence, and outrage and intentional infliction of emotional distress (NYSCEF No. 42). 13. Thus, notwithstanding the 2020 index number, the plaintiff's repeated complaints and consolidations mean that this action did not crystallize until last year, 5 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 making it one of the youngest CVA actions on this Court's docket and a counterintuitive candidate to be fast-tracked to trial. 14. Indeed, due to the plaintiff's actions, it was not until April 12, 2022, that the Defendants filed an Answer in which it denied the material allegations in the plaintiff's Second Amended Complaint, joining issue in the present consolidated matter (NYSCEF No. 48). Along with its Answer to the Second Amended Complaint, the Defendants filed and served a Notice to Take Deposition Upon Oral Examination wherein it notified all parties for the third time under the current index number that it would depose the plaintiff (Jd.). 15. On November 29, 2022, the Court issued the First Compliance Conference Stipulation and Order ("CCO 1"), which provided, inter alia, that the end date for all "TBD" disclosure was and would be supplied by the Court and that "[t]he filing date for the Note of Issue and Certificate of Readiness will be issued by the Court in the Second Conference" Compliance (NYSCEF No. 58). CCO 1 also stated that "[a]II dispositive Issue." motions must be filed within ninety (90) days of the Note of 15. To date, the Court has not yet issued a Follow-Up Compliance Conference Stipulation and Order ("CCO 2") in this matter. However, the standard form for CCO 2 that is utilized in other CVA cases in the New York City CVA regional court states that "[u]pon written approval of the ," Court, the Note of Issue and Certificate of Readiness shall be filed on or before leaving a blank space where a date for the filing of the Note of Issue and Certificate of Readiness is to be supplied in the order (Exhibit B). 6 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 16. On February 7, 2023, the plaintiff appeared for her deposition by the defendants in this matter (Exhibit C). At her deposition, the plaintiff testified , inter alia, regarding the knowledge that various non-party witnesses might possess regarding her alleged abuse by Mr. Pilpel. Specifically, the plaintiff testified that her husband, Anthony Malewich, knows about her allegations in this lawsuit (Exhibit C at 18, 173). The plaintiff testified that her friend, Cathy LoDuca, who was also a student at the Parish and School, was aware that the plaintiff and Mr. Pilpel were secretly dating in the summer of 1990 and that Mr. Pilpel was making advances toward her (Exhibit C at 56-57, 63). The plaintiff also testified that she told her cousin, Robert Bulone, that Mr. Pilpel was making her feel very uncomfortable and that Mr. Bulone then spoke to Mr. Pilpel and told him to leave her alone (Exhibit C at 60-62, 64-66). 17. On March 22 , 2023, the Diocese served a Notice for Discovery and Inspection of Social Media and Litigation Hold on the plaintiff (Exhibit D). To date, the Diocese has not received a response to this demand, which remains outstanding. 18. On or about June 2, 2023, the plaintif f served a subpoena on non-party witness Father Anthony J. Acciarito ("Fr. Acciarito"), seeking his deposition as well as the production of various documents and communications in his possession (NYSCEF No. 71). On July 6, 2023, Fr. Acciarito filed a motion seeking an Order quashing the subpoena and granting a protective order preventing the abuse of his non-party deposition pending coordination with the plaintiff in another CVA action in which he is a named defendant (NYSCEF Nos. 67-74). On July 21, 2023, the plaintiff filed papers opposing Fr. Acciarito's motion and a cross-motion for sanctions against Fr. Acciarito's attorney, Frances N. Hatch, 7 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 Esq. (NYSCEF Nos. 77-87). Both motions are currently pending and Fr. Acciarito has not yet appeared for a deposition in this action. 19. On or about June 13, 2023, SSD served subpoenas duces tecum on the Diocese of Rockville Centre, Department of Education (Exhibit E) and St. Brigid's School (Exhibit F), seeking records of Mr. Pilpel's employment at St. Brigid's School prior to teaching at the Parish and School. 20. On July 31, 2023, the Court signed the plaintiff's proposed Order to Show Cause Regarding Issuance of Subpoenas to Public School entities, which requested the Court to issue judicial subpoenas duces tecumto the New York Department of Education, East Meadow Schools, and Sewanhaka Central High School District to provide records pertaining to Mr. Pilpel while he was in their employ (NYSCEF No. 91). 21. On August 21, 2023, the plaintiff filed her Note of Issue and Certificate of Readiness (Exhibit G). In the Note of Issue and Certificate of Readiness, the plaintiff discovery" stated that "[t]here are no outstanding requests for and "[t]here has been a proceedings." reasonable opportunity to complete the foregoing However, the plaintiff did not certify that physical examinations (a/k/a independent medical examinations or "IME's" and potentially including mental examinations as well) had been completed, that medical reports had been exchanged, or that discovery now known to be necessary had affirmation." been completed, but rather stated "see attorney In an affirmation annexed to the Note of Issue and Certificate of Readiness, Anelga Doumanian, Esq., an attorney representing the plaintiff in this matter, affirmed that "[a]s of this date, discovery has been completed subject to the medical examinations (to the extent they will be 8 of 11 FILED: KINGS COUNTY CLERK 09/08/2023 11:59 AM INDEX NO. 506296/2020 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 09/08/2023 conducted), the Court's so-ordered First Compliance Conference Stipulation and Order, and the pending motion to quash the deposition of Anthony J. Acciarito (a witness