On April 12, 2021 a
Request,Application
was filed
involving a dispute between
Ronnie King,
and
Our Lady Of Victory Church,
Saint Martin De Porres Parish,
The Roman Catholic Diocese Of Brooklyn,
for Torts - Child Victims Act
in the District Court of Kings County.
Preview
SUPREME COURT OF THE STATE OF NEW YORK
KINGS COUNTY
PRESENT: Alexander M. Tisch PART
Justice
INDEX NO. _508534/2021
RONNIE KING,
Plaintif{(s), FIRST COMPLIANCE
CONFERENCE
-V- STIPULATION AND ORDER
THE ROMAN CATHOLIC DIOCESE OF BROOKLYN,
OUR LADY OF VICTORY CHURCH and
SAINT MARTIN DE PORRES PARISH,
Defendant(s).
-. -X
Case Management Orders (“CMO”) No. 1 and No. 2 and the Second Amended
Confidentiality Order (“2d ACO”), applying to all Child Victims Act Cases filed within the City
of New York, were issued in this action. CMO No. 2 specifically modified the deadlines set forth
in §§ VII, VIII, and IX of CMO No. 1. By entering into this Stipulation and Order the parties do
not waive any of their rights or obligations as provided by CMO No. | and No. 2 and the 2d
ACO. The parties to the above captioned action agree that the dates provided herein are
commensurate to the schedule provided in CMO No. 2 or extended on consent of the parties to
the action as follows:
RTY APPEARANCES
1 Plaintiff(s):
a. Plaintiff RONNIE KING Counsel: Madeleine L. Skaller, Esq.
LEVY KONIGSBERG LLP
Email: mskaller@levylaw.com
b. Plaintiff Counsel:
Email:
Defendant(s):
a. Defendant
THE ROMAN CATHOLIC Counsel Charles Martin Peknic, Esq.
DIOCESE OF BROOKLYN PEKNIC, PEKNIC & SCHAEFER
Email: cpeknic@pekniclaw.com
b. Defendant OUR LADY OF Counsel Francis J. Scahill, Esq. Ashley Hughes, Esq.
VICTORY CHURCH SCAHILL LAW GROUP P.C.
Email: frank@scahillpc.com
ahugh ahillpe.com
c. Defendant SAINT MARTIN DE Counsel Francis J. Scahill, Esq. Ashley Hughes, Esq.
PORRES PARISH SCAHILL LAW GROUP P.C.
Email: frank@scahillpc.com
ahughes@scahillpe.com
d. Defendant Counsel
Email:
e. Defendant Counsel
Email:
II. CMO MANDATED DISCOVERY - Exhibits A through E to CMO No. 2
1 Plaintiff(s) will serve [[_]] or served ix] responses and/or objections to the
Standard Automatic Disclosures Directed at Plaintiffby or on June 25, 2021 .
2 Plaintiff(s) will serve Ch or served responses and/or objections to the Verified
Bill of Particulars Directed at Plaintiff by or on June 25, 2021
3 Defendant(s) will serve (Cc or served [[X]] responses and/or objections to the
Standard Automatic Disclosures Directed at Defendant by or on July 29, 2022 - Diocese only
5/5/2023 - Def. St. Martin to Serve SADD
4 Defendant(s) will serve (CF or served Co responses and/or objections to the
Verified Bill of Particulars Directed at Defendant by or on
5 Plaintiff(s) will serve J or served o responses and/or objections to the Standard
July 30, 2023,
Combined Demands Directed at Plaintiff by or on
2
6. Defendant(s) will
serve i or served responses and/or objections to the Standard Combined Demands
August 30, 2023
Directed at Defendants by or on
7
Other (e.g. request for a supplemental Bill of Particulars, outstanding authorizations,
outstanding records):
Plaintiffto respond to defendant Diocese of Brooklyn’s letter dated July 29, 2022 by June 30, 2023.
Ill. ADDITIONAL DISCOVERY
November 20, 2023
Deposition of plaintiff on or before (unless waived)
Deposition of defendant(s) on or before (unless waived)
TBD, subject to potential coordination pursuant to agreement and/or Court Order
The parties may contact the court if interested in scheduling coordinated deposition
with a common defendant in separate matters.
IV. DISCLOSURE END DATE & FUTURE COMPLIANCE CONFERENCE DATE
1 End date for all disclosure listed above, and other than expert witness disclosure and
independent medical examinations, will be
a Defendant(s) reserve their right to designate independent physical,
psychological, psychiatric examination(s) of Plaintiff(s) up to 120 days before
trial or within 60 days of a post-Note of Issue exchange of a damages expert by
Plaintiff pursuant to CPLR 3101(d), whichever is later.
Defendants agree to serve reports of such examinations, if conducted, up to 60
days before trial.
The parties may modify the discovery due dates provided herein by stipulation
filed on NYSCEF without court approval provided that the discovery is
completed before the end date for disclosure.
d. Court approval shall be required to modify the end date for disclosure.
2 The parties shall submit a Second Compliance Conference Stipulation and Order on
If unable to do so parties are to notify the Court a week before the submission
date.
3 The filing date for the Note of Issue and Certificate of Readiness will be issued by
the Court in the Second Compliance Conference.
4 All dispositive motions must be filed within ninety (90) days of the Note of Issue.
Vv. REQUEST FOR CONFERENCES A) ‘(OR ADR REFERRAL
1 The parties request a conference with the Court: [[]] Yes No.
a Tf“Yes”:
1. Parties are expected to meet and confer on disputed issues and confer in good
faith before requesting a conference (22 NYCRR § 202.11);
ii. The parties are directed to jointly describe the issue using the lines below.
iii. E-mail a copy of this form to cvanyc@nycourts.gov.
4
b. If“No”, e-mail a copy of this form to cvanye@nycourts.gov in addition to
posting to NYSCEF within 30 days of issuance of the request by the Court.
2 The parties request referral to court managed ADR: |L] Yes [EX] No. If yes, the
parties wish to apply the automatic stay provision of CMO No. 1, sec. X(1) during the ADR
proceedings: [_] Yes oO No. Please use additional pages to provide information and/or
describe a particular request and, if applicable, to request a further stay of proceedings pursuant
to CMO No. 1, sec. X(1).
VI. DISCOVERY MOTIONS
1 No motions related to discovery may be made without permission of the Court.
2 The parties are expected to meet and confer on disputed issues and confer in good
faith before requesting a pre-motion conference. The failure to meet and confer in good faith
may result in the denial of any requests for a pre-motion conference or any motions made.
NOTE: The discovery deadline dates are subject to amendment by the Court; the Court may
reject any stipulation and/or schedule a conference sua sponte to discuss the foregoing.
SO ORDERED:
Date 5 SS.C
IMPORTANT: THE PARTIES HAVE SIXTY (60) DAYS
FROM THE DATE THIS STIPULATION AND ORDER IS
UPLOADED TO SUBMIT A COMPLETED VERSION TO
NYSCEF.
Document Filed Date
April 17, 2023
Case Filing Date
April 12, 2021
Category
Torts - Child Victims Act
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SUPREME COURT OF THE STATE OF NEW YORK KINGS COUNTY PRESENT: Alexander M. Tisch PART Justice INDEX NO. _508534/2021 RONNIE KING, Plaintif{(s), FIRST COMPLIANCE CONFERENCE -V- STIPULATION AND ORDER THE ROMAN CATHOLIC DIOCESE OF BROOKLYN, OUR LADY OF VICTORY CHURCH and SAINT MARTIN DE PORRES PARISH, Defendant(s). -. -X Case Management Orders (“CMO”) No. 1 and No. 2 and the Second Amended Confidentiality Order (“2d ACO”), applying to all Child Victims Act Cases filed within the City of New York, were issued in this action. CMO No. 2 specifically modified the deadlines set forth in §§ VII, VIII, and IX of CMO No. 1. By entering into this Stipulation and Order the parties do not waive any of their rights or obligations as provided by CMO No. | and No. 2 and the 2d ACO. The parties to the above captioned action agree that the dates provided herein are commensurate to the schedule provided in CMO No. 2 or extended on consent of the parties to the action as follows: RTY APPEARANCES 1 Plaintiff(s): a. Plaintiff RONNIE KING Counsel: Madeleine L. Skaller, Esq. LEVY KONIGSBERG LLP Email: mskaller@levylaw.com b. Plaintiff Counsel: Email: Defendant(s): a. Defendant THE ROMAN CATHOLIC Counsel Charles Martin Peknic, Esq. DIOCESE OF BROOKLYN PEKNIC, PEKNIC & SCHAEFER Email: cpeknic@pekniclaw.com b. Defendant OUR LADY OF Counsel Francis J. Scahill, Esq. Ashley Hughes, Esq. VICTORY CHURCH SCAHILL LAW GROUP P.C. Email: frank@scahillpc.com ahugh ahillpe.com c. Defendant SAINT MARTIN DE Counsel Francis J. Scahill, Esq. Ashley Hughes, Esq. PORRES PARISH SCAHILL LAW GROUP P.C. Email: frank@scahillpc.com ahughes@scahillpe.com d. Defendant Counsel Email: e. Defendant Counsel Email: II. CMO MANDATED DISCOVERY - Exhibits A through E to CMO No. 2 1 Plaintiff(s) will serve [[_]] or served ix] responses and/or objections to the Standard Automatic Disclosures Directed at Plaintiffby or on June 25, 2021 . 2 Plaintiff(s) will serve Ch or served responses and/or objections to the Verified Bill of Particulars Directed at Plaintiff by or on June 25, 2021 3 Defendant(s) will serve (Cc or served [[X]] responses and/or objections to the Standard Automatic Disclosures Directed at Defendant by or on July 29, 2022 - Diocese only 5/5/2023 - Def. St. Martin to Serve SADD 4 Defendant(s) will serve (CF or served Co responses and/or objections to the Verified Bill of Particulars Directed at Defendant by or on 5 Plaintiff(s) will serve J or served o responses and/or objections to the Standard July 30, 2023, Combined Demands Directed at Plaintiff by or on 2 6. Defendant(s) will serve i or served responses and/or objections to the Standard Combined Demands August 30, 2023 Directed at Defendants by or on 7 Other (e.g. request for a supplemental Bill of Particulars, outstanding authorizations, outstanding records): Plaintiffto respond to defendant Diocese of Brooklyn’s letter dated July 29, 2022 by June 30, 2023. Ill. ADDITIONAL DISCOVERY November 20, 2023 Deposition of plaintiff on or before (unless waived) Deposition of defendant(s) on or before (unless waived) TBD, subject to potential coordination pursuant to agreement and/or Court Order The parties may contact the court if interested in scheduling coordinated deposition with a common defendant in separate matters. IV. DISCLOSURE END DATE & FUTURE COMPLIANCE CONFERENCE DATE 1 End date for all disclosure listed above, and other than expert witness disclosure and independent medical examinations, will be a Defendant(s) reserve their right to designate independent physical, psychological, psychiatric examination(s) of Plaintiff(s) up to 120 days before trial or within 60 days of a post-Note of Issue exchange of a damages expert by Plaintiff pursuant to CPLR 3101(d), whichever is later. Defendants agree to serve reports of such examinations, if conducted, up to 60 days before trial. The parties may modify the discovery due dates provided herein by stipulation filed on NYSCEF without court approval provided that the discovery is completed before the end date for disclosure. d. Court approval shall be required to modify the end date for disclosure. 2 The parties shall submit a Second Compliance Conference Stipulation and Order on If unable to do so parties are to notify the Court a week before the submission date. 3 The filing date for the Note of Issue and Certificate of Readiness will be issued by the Court in the Second Compliance Conference. 4 All dispositive motions must be filed within ninety (90) days of the Note of Issue. Vv. REQUEST FOR CONFERENCES A) ‘(OR ADR REFERRAL 1 The parties request a conference with the Court: [[]] Yes No. a Tf“Yes”: 1. Parties are expected to meet and confer on disputed issues and confer in good faith before requesting a conference (22 NYCRR § 202.11); ii. The parties are directed to jointly describe the issue using the lines below. iii. E-mail a copy of this form to cvanyc@nycourts.gov. 4 b. If“No”, e-mail a copy of this form to cvanye@nycourts.gov in addition to posting to NYSCEF within 30 days of issuance of the request by the Court. 2 The parties request referral to court managed ADR: |L] Yes [EX] No. If yes, the parties wish to apply the automatic stay provision of CMO No. 1, sec. X(1) during the ADR proceedings: [_] Yes oO No. Please use additional pages to provide information and/or describe a particular request and, if applicable, to request a further stay of proceedings pursuant to CMO No. 1, sec. X(1). VI. DISCOVERY MOTIONS 1 No motions related to discovery may be made without permission of the Court. 2 The parties are expected to meet and confer on disputed issues and confer in good faith before requesting a pre-motion conference. The failure to meet and confer in good faith may result in the denial of any requests for a pre-motion conference or any motions made. NOTE: The discovery deadline dates are subject to amendment by the Court; the Court may reject any stipulation and/or schedule a conference sua sponte to discuss the foregoing. SO ORDERED: Date 5 SS.C IMPORTANT: THE PARTIES HAVE SIXTY (60) DAYS FROM THE DATE THIS STIPULATION AND ORDER IS UPLOADED TO SUBMIT A COMPLETED VERSION TO NYSCEF.