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INDEX NO. 50629672020"
FILED: KINGS COUNTY CLERK 01/08/2024 09:56 PM
NYSCEF DOC. NO. 145 RECEIVED NYSCEF 01/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTIES OF NEW YORK, KINGS, QUEENS, BRONX, and RICHMOND
In re: ALL CHILD VICTIMS ACT NYC CASES
INVOLVING THE DIOCESE OF BROOKLN
ORDER- DEPOSITION
PROTOCOLS
X
WHEREAS the court directed counsel in actions pertaining to Monsignor Otto Garcia to
conduct a joint initial deposition and counsel have formulated protocols for same; and
WHEREAS the court intends for these protocols to be binding in every active CVA case
where Mr. Garcia’s testimony may be sought as a fact witness; and
WHEREAS counsel will circulate this order among the PLC listserv and the court will
upload to every CVA action where the Diocese of Brooklyn is a named defendant,
IT IS HEREBY ORDERED,
(1) Monsignor Otto Garcia will be produced for an initial deposition, in person, at Gair,
Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, 80 Pine
Street, 34"" Floor, New York, New York 10005, on February 27, 2024, at 10:00
a.m. on behalf of all cases against the Diocese of Brooklyn, its employees or agents
and parishes or schools within the Diocese’s ecclesiastical territory (the “Initial
Deposition”). For good cause shown, the Initial Deposition may, with leave of
court, exceed seven hours in length.
(2) Monsignor Garcia is being produced for the Initial Deposition as a fact witness
only, and specifically not as a corporate witness'on behalf of the Diocese of
Brooklyn, its employees or agents and parishes or schools within the Diocese’s
ecclesiastical territory. Accordingly, his testimony concerning the topics identified
below will be based on his personal knowledge, if any, of the referenced topics.
(3) The Initial Deposition will address topics applicable to all cases involving the
Diocese of Brooklyn, the parishes, schools, agents, and/or employees within the
ecclesiastical territory of the Diocese of Brooklyn in which Monsignor Garcia may
be a fact witness with personal knowledge. Those topics include, but are not limited
to:
a. Monsignor Garcia’s background, education, and employment history;
b. Monsignor Garcia’s relationship, if any, with the Diocese of Brooklyn, and
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parishes and schools within the ecclesiastical territory of the Diocese of
Brooklyn;
Monsignor Garcia’s positions, if any, within the Diocese of Brooklyn,
including, if any, within the parishes and schools within its ecclesiastical
territory;
Any training Monsignor Garcia received while serving in positions, if any,
within the Diocese of Brooklyn regarding child safety, including policies
and procedures involving child sext abuse, and his personal knowledge
of any such training provided by the Diocese or such policies and
procedures of the Diocese;
Monsignor Garcia’s responsibilities while serving within the Diocese of
Brooklyn with respect to preventing, reporting and investigating child
sexual abuse within the Diocese of Brooklyn, including within the parishes
and schools within its ecclesiastical territory, and his personal knowledge of
the Diocese’s policies and procedures regarding preventing, reporting and
investigating child sexual abuse;
Monsignor Garcia’s experience while serving within the Diocese of
Brooklyn with respect to allegations of child sexual abuse — as well as any
experience with handling, reporting, and documenting allegations of child
sexual abuse ~ within the Diocese of Brooklyn, the parishes, and schools
within its ecclesiastical territory, and his personal knowledge, if any, of the
Diocese’s policies and procedures for handling, reporting, and documenting
allegations of child sexual abuse.
(4) The topics of the Initial Deposition will not include specific questions relating to a
specific alleged perpetrator or specific allegations of child sexual abuse involving a
specific alleged perpetrator. Specific questioning regarding a specific alleged
perpetrator and allegations of child sexual abuse involving specific alleged
perpetrators may be conducted at subsequent deposition(s) of Monsignor Garcia.
Monsignor Garcia shall not be required to answer any such questions at the Initial
Deposition.
(5) Two plaintiffs’ attorneys may appear in person and will take the lead in the Initial
Deposition on behalf of the group of plaintiffs’ attorneys appearing by Zoom. In
addition to Monsignor Garcia’s personal attorney, two defense attorneys may
appear in person and will take the lead in the Initial Deposition on behalf of the group
of defense attorneys appearing by Zoom.
(6) The Initial Deposition will be simultaneously transmitted by Zoom to any attorneys
wishing to participate who have pending CVA claims against or in defense of the
Diocese of Brooklyn, and/or the parishes, schools, agents, and/or their employees
within the Diocese of Brooklyn’s ecclesiastical territory. Any attorneys appearing
by Zoom reserve their right to ask non- duplicative follow-up questions after the
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INDEX NO. 506296/2020
FILED: KINGS COUNTY CLERK 01/08/2024 09:56 PM
NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 01/08/2024
completion of the questioning by the two plaintiffs’ attorneys appearing in person.
(7) After completion of the Initial Deposition, Monsignor Garcia will be produced for
subsequent deposition(s) relating to individual alleged perpetrators and allegations
concerning those alleged perpetrators.
(8) After completion of the Initial Deposition, attorneys for the PLC, the Diocese of
Brooklyn, and Monsignor Garcia’s personal attorney, agree to meet and confer in
good faith concerning the scheduling of the subsequent deposition(s) in an effort to
have Monsignor Garcia produced for subsequent depositions as few times as
reasonably practicable.
(9) All subsequent depositions of Monsignor Garcia involving a specific alleged
perpetrator will take place after defendants provide to plaintiffs written discovery
regarding the alleged perpetrator and the alleged perpetrator’s positions, if any,
including the alleged perpetrator’s personnel/clergy file, and subject to the option
of a party to request the Court conduct an in camera review of any withheld written
discovery.
(10) In all subsequent depositions of Monsignor Garcia involving a specific alleged
perpetrator, one plaintiff's attorney will take the lead in questioning, with all other
plaintiff's attorneys reserving their right to ask non-duplicative follow-up
questions.
(11) The subsequent deposition(s) of Monsignor Garcia will be scheduled based on the
approximate number of pending cases involving the alleged perpetrator, starting
with cases involving Father Robert Ferro given the pending order to show cause
that Monsignor Garcia filed in one of those cases where he is under subpoena.
(12) Any attorney in an action that is not stayed who does not appear at the Initial
Deposition may only subpoena or notice a further deposition of Monsignor Garcia
that concerns the topics of the Initial Deposition with leave of Court for good cause
shown.
(13) A further Initial Deposition and subsequent deposition, if desired, in the stayed
cases, may be the subject of a new stipulation and order once a stay currently in
effect is lifted.
(14) Monsignor Otto Garcia has been named as a defendant in one CVA action. The
topics of the Initial Deposition will not include specific questions relating to the
allegations of abuse by Monsignor Garcia, and Monsignor Garcia shall not be
required to answer any such questions at the Initial Deposition. Monsignor Garcia
will be produced separately for purposes of the one action where Garcia is a named
defendant, and those deposition(s) shall only occur after Monsignor Garcia is
produced for the Initial Deposition.
(15) All depositions of Monsignor Garcia shall be videotaped and recorded by
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NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 01/08/2024
audiovisual means, each party to bear its-own costs.
(16) Plaintiffs’ attorneys will arrange for the deposition logistics, including the court
teporter and videographer, in all depositions.
(17) Except as otherwise outlined above, the conduct and questioning at all deposition
will be governed by the CPLR and NYCRR sec. 221
(18) The transcript for each deposition of Monsignor Garcia will be submitted to the
witness for review and signing pursuantto CPLR 3116 by one plaintiff's attorney.
The Initial Deposition Transcript and errata sheet, if any, may be used in any case
with a CVA claim against the Diocese of Brooklyn and the parishes, schools,
agents, and/or their employees within the Diocese of Brooklyn’s. ecclesiastical
territory in the same way it could be used if it had been taken in the specific case in
which it is sought to be used, and all parties reserve the right to object in a specific.
case to the use of testimony from deposition of Monsignor Garcia.
(19) Any attorney representing a plaintiff in a CVA claim against the Diocese of
Brooklyn, its parishes, schools, agents, and/or employees, or any attorney
representing a defendant in any such action may appear remotely for the
aforementioned depositions. Any attomey electing to appear remotely will
maintainall of the rights set forth herein and may participate in the deposition as if
they were physically present. The plaintiffs’ attorney(s) who notice each deposition
shall provide any attorneys electing to appear remotely with login information for
the remote deposition.
Dated: January3, 2024 (hi rer
Hon. AlexanderM. Tisch, JSC
2
he sabesa B. Kraus, JSC
Aof a
Preview
SS aA TO INDEX NO. 50629672020" FILED: KINGS COUNTY CLERK 01/08/2024 09:56 PM NYSCEF DOC. NO. 145 RECEIVED NYSCEF 01/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTIES OF NEW YORK, KINGS, QUEENS, BRONX, and RICHMOND In re: ALL CHILD VICTIMS ACT NYC CASES INVOLVING THE DIOCESE OF BROOKLN ORDER- DEPOSITION PROTOCOLS X WHEREAS the court directed counsel in actions pertaining to Monsignor Otto Garcia to conduct a joint initial deposition and counsel have formulated protocols for same; and WHEREAS the court intends for these protocols to be binding in every active CVA case where Mr. Garcia’s testimony may be sought as a fact witness; and WHEREAS counsel will circulate this order among the PLC listserv and the court will upload to every CVA action where the Diocese of Brooklyn is a named defendant, IT IS HEREBY ORDERED, (1) Monsignor Otto Garcia will be produced for an initial deposition, in person, at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, 80 Pine Street, 34"" Floor, New York, New York 10005, on February 27, 2024, at 10:00 a.m. on behalf of all cases against the Diocese of Brooklyn, its employees or agents and parishes or schools within the Diocese’s ecclesiastical territory (the “Initial Deposition”). For good cause shown, the Initial Deposition may, with leave of court, exceed seven hours in length. (2) Monsignor Garcia is being produced for the Initial Deposition as a fact witness only, and specifically not as a corporate witness'on behalf of the Diocese of Brooklyn, its employees or agents and parishes or schools within the Diocese’s ecclesiastical territory. Accordingly, his testimony concerning the topics identified below will be based on his personal knowledge, if any, of the referenced topics. (3) The Initial Deposition will address topics applicable to all cases involving the Diocese of Brooklyn, the parishes, schools, agents, and/or employees within the ecclesiastical territory of the Diocese of Brooklyn in which Monsignor Garcia may be a fact witness with personal knowledge. Those topics include, but are not limited to: a. Monsignor Garcia’s background, education, and employment history; b. Monsignor Garcia’s relationship, if any, with the Diocese of Brooklyn, and 1 lof 4 INDEX NO. 506296/2020 NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 01/08/2024 parishes and schools within the ecclesiastical territory of the Diocese of Brooklyn; Monsignor Garcia’s positions, if any, within the Diocese of Brooklyn, including, if any, within the parishes and schools within its ecclesiastical territory; Any training Monsignor Garcia received while serving in positions, if any, within the Diocese of Brooklyn regarding child safety, including policies and procedures involving child sext abuse, and his personal knowledge of any such training provided by the Diocese or such policies and procedures of the Diocese; Monsignor Garcia’s responsibilities while serving within the Diocese of Brooklyn with respect to preventing, reporting and investigating child sexual abuse within the Diocese of Brooklyn, including within the parishes and schools within its ecclesiastical territory, and his personal knowledge of the Diocese’s policies and procedures regarding preventing, reporting and investigating child sexual abuse; Monsignor Garcia’s experience while serving within the Diocese of Brooklyn with respect to allegations of child sexual abuse — as well as any experience with handling, reporting, and documenting allegations of child sexual abuse ~ within the Diocese of Brooklyn, the parishes, and schools within its ecclesiastical territory, and his personal knowledge, if any, of the Diocese’s policies and procedures for handling, reporting, and documenting allegations of child sexual abuse. (4) The topics of the Initial Deposition will not include specific questions relating to a specific alleged perpetrator or specific allegations of child sexual abuse involving a specific alleged perpetrator. Specific questioning regarding a specific alleged perpetrator and allegations of child sexual abuse involving specific alleged perpetrators may be conducted at subsequent deposition(s) of Monsignor Garcia. Monsignor Garcia shall not be required to answer any such questions at the Initial Deposition. (5) Two plaintiffs’ attorneys may appear in person and will take the lead in the Initial Deposition on behalf of the group of plaintiffs’ attorneys appearing by Zoom. In addition to Monsignor Garcia’s personal attorney, two defense attorneys may appear in person and will take the lead in the Initial Deposition on behalf of the group of defense attorneys appearing by Zoom. (6) The Initial Deposition will be simultaneously transmitted by Zoom to any attorneys wishing to participate who have pending CVA claims against or in defense of the Diocese of Brooklyn, and/or the parishes, schools, agents, and/or their employees within the Diocese of Brooklyn’s ecclesiastical territory. Any attorneys appearing by Zoom reserve their right to ask non- duplicative follow-up questions after the 2 20f 4 — INDEX NO. 506296/2020 FILED: KINGS COUNTY CLERK 01/08/2024 09:56 PM NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 01/08/2024 completion of the questioning by the two plaintiffs’ attorneys appearing in person. (7) After completion of the Initial Deposition, Monsignor Garcia will be produced for subsequent deposition(s) relating to individual alleged perpetrators and allegations concerning those alleged perpetrators. (8) After completion of the Initial Deposition, attorneys for the PLC, the Diocese of Brooklyn, and Monsignor Garcia’s personal attorney, agree to meet and confer in good faith concerning the scheduling of the subsequent deposition(s) in an effort to have Monsignor Garcia produced for subsequent depositions as few times as reasonably practicable. (9) All subsequent depositions of Monsignor Garcia involving a specific alleged perpetrator will take place after defendants provide to plaintiffs written discovery regarding the alleged perpetrator and the alleged perpetrator’s positions, if any, including the alleged perpetrator’s personnel/clergy file, and subject to the option of a party to request the Court conduct an in camera review of any withheld written discovery. (10) In all subsequent depositions of Monsignor Garcia involving a specific alleged perpetrator, one plaintiff's attorney will take the lead in questioning, with all other plaintiff's attorneys reserving their right to ask non-duplicative follow-up questions. (11) The subsequent deposition(s) of Monsignor Garcia will be scheduled based on the approximate number of pending cases involving the alleged perpetrator, starting with cases involving Father Robert Ferro given the pending order to show cause that Monsignor Garcia filed in one of those cases where he is under subpoena. (12) Any attorney in an action that is not stayed who does not appear at the Initial Deposition may only subpoena or notice a further deposition of Monsignor Garcia that concerns the topics of the Initial Deposition with leave of Court for good cause shown. (13) A further Initial Deposition and subsequent deposition, if desired, in the stayed cases, may be the subject of a new stipulation and order once a stay currently in effect is lifted. (14) Monsignor Otto Garcia has been named as a defendant in one CVA action. The topics of the Initial Deposition will not include specific questions relating to the allegations of abuse by Monsignor Garcia, and Monsignor Garcia shall not be required to answer any such questions at the Initial Deposition. Monsignor Garcia will be produced separately for purposes of the one action where Garcia is a named defendant, and those deposition(s) shall only occur after Monsignor Garcia is produced for the Initial Deposition. (15) All depositions of Monsignor Garcia shall be videotaped and recorded by 3 3 0f 4 = INDEX NO. 506296/2020 NYSCEF DOC. NO. 145 RECEIVED NYSCEF: 01/08/2024 audiovisual means, each party to bear its-own costs. (16) Plaintiffs’ attorneys will arrange for the deposition logistics, including the court teporter and videographer, in all depositions. (17) Except as otherwise outlined above, the conduct and questioning at all deposition will be governed by the CPLR and NYCRR sec. 221 (18) The transcript for each deposition of Monsignor Garcia will be submitted to the witness for review and signing pursuantto CPLR 3116 by one plaintiff's attorney. The Initial Deposition Transcript and errata sheet, if any, may be used in any case with a CVA claim against the Diocese of Brooklyn and the parishes, schools, agents, and/or their employees within the Diocese of Brooklyn’s. ecclesiastical territory in the same way it could be used if it had been taken in the specific case in which it is sought to be used, and all parties reserve the right to object in a specific. case to the use of testimony from deposition of Monsignor Garcia. (19) Any attorney representing a plaintiff in a CVA claim against the Diocese of Brooklyn, its parishes, schools, agents, and/or employees, or any attorney representing a defendant in any such action may appear remotely for the aforementioned depositions. Any attomey electing to appear remotely will maintainall of the rights set forth herein and may participate in the deposition as if they were physically present. The plaintiffs’ attorney(s) who notice each deposition shall provide any attorneys electing to appear remotely with login information for the remote deposition. Dated: January3, 2024 (hi rer Hon. AlexanderM. Tisch, JSC 2 he sabesa B. Kraus, JSC Aof a