Preview
FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024
EXHIBIT D
FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
ATTORNEYS AT LAW
1983 MARCUS AVENUE
LAKE SUCCESS, NEW YORK 11042-1056
(516) 488-3300
Facsimile: (516) 488-2324
Jeremy S. Rosof
jrosof@sacslaw.com
May 1, 2023
Via U.S Mail and Email
Domenique Camacho Moran, Esq.
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
dmoran@farrellfritz.com
Re: Caroline Borrino. v. RCDoB, et al.
Supreme Court, Kings County Index No. 506296/2020
SACS No.: 305-00172
Dear Ms. Camacho Moran:
As you are aware, our office is co-counsel for The Roman Catholic Diocese of Brooklyn,
New York (the “Diocese”) in the above-referenced action. In response to Defendant Sisters of the
Order of St. Dominic’s First Notice of Discovery and Inspection Directed at the Diocese of
Brooklyn, please find under cover hereof: (1) the Diocese’s Responses and Objections including
Exhibit A, which comprises the personnel file of Sr. Lora Bannon (Bates numbered SrLB000001
to SrLB000111); Exhibit B, which comprises the personnel file of Sr. Jean Albert Fry (Bates
numbered SrJAF000001 to SrJAF000018); and Exhibit C, which comprises the 1989 and 1990
census cards referencing Sr. Frances Mary Hagzan and Sr. Ann Martin Kelly (Bates numbered
OLG000001 – OLG000004); and (2) redaction logs with respect to Exhibits A and B. The exhibits
to the Response are being sent via secure document link embedded in the transmittal email for this
correspondence. Please email our paralegal, Margaret Chinapen (mchinapen@sacslaw.com), to
request the password needed to access the secure document link.
Please carefully note that Exhibits A and B have been labeled as “CONFIDENTIAL
INFORMATION” and should be treated as such in accordance with the terms of the July 6, 2022
Second Amended Confidentiality Order (“2nd ACO”). Accordingly, Confidential Information
disclosed in one CVA case cannot be redisclosed in another CVA case unless both actions share
the same alleged abuser. Moreover, no fewer than 20 days prior to such redisclosure, the Receiving
Party must provide notice of the intended disclosure to the Producing Party, specifying the date
thereof, identity of the intended recipient(s), and nature of the documents to be redisclosed.
Consequently, on penalty of contempt of court, there should be no sharing or dissemination of
50 Main Street, Suite 1000, White Plains, New York 10606
(914) 948-5666/Facsimile: (914) 682-7787
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NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
Caroline Borrino. v. RCDoB, et al.
Supreme Court, Kings County Index No. 506296/2020
SACS No.: 305-00172
Page 2
any Confidential Information outside of the within action except as permitted within the
parameters of the 2nd ACO. Please note that the 2nd ACO was uploaded to all CVA cases in New
York City.
Should you have any questions regarding the above, please do not hesitate to contact me.
Very truly yours,
Jeremy S. Rosof
Encls. (attachments to transmittal email)
cc: James R. Marsh, Esq.
Marsh Law Firm PLLC
31 Hudson Yards, 11th Floor
New York, New York 10001
jamesmarsh@marsh.law
Anelga Doumanian, Esq.
Pfau Cochran Vertetis Amala PLLC
31 Hudson Yards, 11th Floor
New York, New York 10001
adoumanian@pcvalaw.com
Francis J. Scahill, Esq.
Scahill Law Group, P.C.
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
frank@scahillpc.com
Randall L. Morrison, Esq.
Kelley Drye & Warren LLP
3 World Trade Center
175 Greenwich Street
New York, New York 10007
rmorrison@kelleydrye.com
4884-6910-3713, v. 1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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CAROLINE BORRINO, : Index No.: 506296/2020
:
Plaintiff, : DEFENDANT THE ROMAN
: CATHOLIC DIOCESE OF
- against - : BROOKLYN, NEW YORK’S
: RESPONSES AND OBJECTIONS
DIOCESE OF BROOKLYN, OUR LADY OF : TO DEFENDANT SISTERS OF
GUADALUPE CHURCH AND SCHOOL, : THE ORDER OF ST. DOMINIC’S
SISTERS OF ST. JOSEPH, and SISTERS OF ST. : FIRST NOTICE OF DISCOVERY
DOMINIC, : AND INSPECTION DIRECTED AT
: THE DIOCESE OF BROOKLYN
Defendants. :
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C O U N S E L :
PLEASE TAKE NOTICE that defendant, The Roman Catholic Diocese of Brooklyn, New
York s/h/a DIOCESE OF BROOKLYN (hereinafter the “Diocese”), by its attorneys, SHAUB,
AHMUTY, CITRIN & SPRATT, LLP, hereby responds and objects pursuant to CPLR 3101, 3120
and 3122 to defendant, Sisters of the Order of St. Dominic’s First Notice of Discovery and
Inspection Directed at Defendant Diocese of Brooklyn, dated March 2, 2023 (the “SSD First
Notice”) as follows.1
GENERAL OBJECTIONS AND RESERVATIONS OF RIGHTS
1. In providing these responses and objections, the Diocese does not in any way waive,
or intend to waive, but rather intends to preserve and is preserving:
a. all objections as to competency, relevancy, materiality, privilege and
admissibility of the requests (or responses) or the subject matter thereof;
b. all objections as to vagueness, ambiguity and undue burden;
c. all rights to object on any ground to the use of any of said documents or
responses, or the subject matter thereof, in any motions and/or other
subsequent proceedings, including the trial of this or any other action; and
1
By emails dated March 24, April 10 and April 19, 2023, the Sisters of the Order of St. Dominic extended the
Diocese’s time to respond and object to the SSD First Notice through and including May 1, 2023.
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d. all rights to object on any ground to any request for further responses to
these or any other discovery requests involving or related to the subject
matter of the SSD First Notice.
2. The Diocese objects to the SSD First Notice to the extent it seeks information or
documents outside the Diocese’s possession, custody or control.
3. The Diocese objects to the SSD First Notice to the extent it seeks documents or
information that are obtainable from another source that is more convenient and less burdensome
or expensive, including, but not limited to, documents that are matters of public record.
4. The Diocese objects to the SSD First Notice to the extent that the document requests
therein are overbroad, unduly burdensome, not material or necessary to the claims and defenses
herein, seek duplicative, redundant or cumulative information or purport to require the Diocese to
produce documents outside the scope of discovery described in Article 31 of the Civil Practice
Law and Rules and to the extent that the SSD First Notice constitutes an improper fishing
expedition seeking documents far beyond the scope of material and necessary evidence in this
action.
5. The Diocese objects to the SSD First Notice to the extent that it seeks documents
unbounded by any relevant time frame as relates to alleged abuse that ended in 1990.
6. The Diocese objects to the SSD First Notice to the extent that it improperly seeks
production of “all” documents and data relating to the subject matter of the document requests
therein.
7. The Diocese objects to the SSD First Notice to the extent that the document requests
therein call for a legal conclusion or are vague, ambiguous, confusing or incomprehensible, and
make use of numerous undefined terms, or are palpably improper.
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8. The Diocese objects to the SSD First Notice insofar as and to the extent that the
document requests therein seek disclosure of information or documents subject to the attorney-
client privilege, the work product doctrine, materials prepared in anticipation of litigation or for
trial, and/or any other privileges, immunities or protections recognized by law.
9. The Diocese objects to the SSD First Notice insofar as and to the extent that the
document requests therein seek confidential documents generated as part of Alternative Dispute
Resolution proceedings or inadmissible offers to compromise.
10. The Diocese objects to the SSD First Notice and to the document requests therein
to the extent that they seek information privileged under CPLR 4504(a), 4505, 4507, 4508 or
protected health information (“PHI”) of any kind, within the meaning of or protected by the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Americans with Disabilities
Act (“ADA”) or other similar Federal or State laws or regulations, which is immune from
disclosure.
11. The Diocese objects to the SSD First Notice and the document requests therein to
the extent that they seek documents or information privileged under the First and Fourteenth
Amendments to the United States Constitution, or analogous provisions of the New York State
Constitution.
12. The Diocese objects to the SSD First Notice and the document requests therein to
the extent that they seek documents concerning subsequent remedial measures, which are not
discoverable.
13. The Diocese objects to the SSD First Notice and the document requests therein to
the extent that they would reveal sensitive, personal and confidential or proprietary information.
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The Diocese will invoke the Second Amended Confidentiality Order as necessary to safeguard
such information.
14. The Diocese objects to the SSD First Notice and the document requests therein to
the extent that they call for production or description of documents generated by its counsel,
documents from third parties obtained by its counsel, and correspondence sent by it to counsel, in
connection with this action or any related proceeding now pending, on the ground that production
or description of such documents, many of which are privileged in any event, would be unduly
burdensome and unlikely to lead to relevant evidence.
15. The Diocese reserves its right to amend or supplement its response to the SSD First
Notice to the extent necessary and appropriate. By reserving such right, the Diocese does not
intend to assume a duty to modify or amend these answers, other than as required by CPLR
3101(h).
16. The Diocese incorporates each of the foregoing general objections in each of its
responses to each of the individual document requests contained within the SSD First Notice and,
where applicable, will state additional specific objections to each individual demand.
17. No objection or lack thereof made in response to the SSD First Notice should be
deemed as a statement by the Diocese as to the existence or non-existence of any documents
demanded in the SSD First Notice.
OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS
1. The Diocese objects to the definitions and instructions in the SSD First Notice to
the extent that they purport to impose obligations on it greater than those set forth in the CPLR.
The Diocese incorporates by reference the definitions promulgated in Local Civil Rule 26.3 of the
Local Rules of the United States District Courts for the Southern and Eastern Districts of New
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York, “Uniform Definitions in Discovery Requests,” available at
https://www.nysd.uscourts.gov/sites/default/files/local_rules/2021-10
15%20Joint%20Local%20Rules.pdf, as a reasonable and neutral set of definitions and instructions
that are deemed incorporated by reference into all discovery requests in those courts, and will
construe the SSD First Notice in this matter in accordance therewith in the event of any conflict,
including the definitions of the terms “document,” “communication,” “concerning” (including
“relating,” “referring,” etc.), “identify,” “parties” and “persons” (including pronouns such as “you”
or “your”) and instructions concerning the use of the terms “and” and “or,” “any” and “all” and
the use of the singular and plural forms of words.
2. In particular, the Diocese shall interpret the term “document” to be synonymous in
meaning and equal in scope to the usage of the term “documents or electronically stored
information” in Fed. R. Civ. P. 34(a)(1)(A), i.e., “any designated documents or electronically
stored information—including writings, drawings, graphs, charts, photographs, sound recordings,
images, and other data or data compilations—stored in any medium from which information can
be obtained either directly or, if necessary, after translation by the responding party into a
reasonably usable form. A draft or non-identical copy is a separate document within the meaning
of this term.”
3. Also, in particular, the Diocese shall interpret a party’s full or abbreviated name or
a pronoun referring to a party to mean the party and, where applicable, its officers, directors,
employees, partners, corporate parent, subsidiaries or affiliates. This definition is not intended to
impose a discovery obligation on any person who is not a party to the litigation. Bearing this
definition in mind, the Diocese specifically objects to paragraph 13 of the Definitions as overbroad
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insofar as it claims to encompass persons other than a party’s officers, directors, employees,
partners, corporate parents, subsidiaries or affiliates.
4. The Diocese objects to Instruction No. 1 to the extent that it attempts to impose a
standard for possession, custody or control in excess of the requirements of New York law and as
not temporally limited.
5. The Diocese objects to Instruction No. 2 to the extent that it endeavors to impose
obligations contrary to or in excess of CPLR 3122(c).
6. The Diocese objects to Instruction Nos. 3, 4 and 7 to the extent that they endeavor
to impose obligations contrary to or in excess of New York law, including but not limited to CPLR
3122(b) and Uniform Rule 202.20-c.
7. The Diocese objects to Instruction No. 5 concerning production of electronic
records to the extent it is unduly burdensome and purports to impose obligations greater than those
set forth in the CPLR, CMO No. 1 or CMO No. 2. With regard to electronically stored information
(“ESI”), the Diocese calls attention to the Commercial Division’s Guidelines for Discovery of
Electronically Stored Information (the “ESI Guidelines”), referenced in Rule 11-c of the
Commercial Division rules, which while not binding on this matter, may serve as an advisory
neutral set of guidelines that can be applied to the extent appropriate under the circumstances.
8. The Diocese objects to Instruction No. 8 to the extent that it attempts to impose a
standard for supplementation or amendment different from or in excess of CPLR 3101(h).
SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS
DOCUMENT REQUEST No. 1:
A complete copy of Sr. Lora Bannon’s personnel file, including but not limited to, her job
application, resume, job title(s), job description(s), employment contract, human resources
records, performance appraisals and reviews, disciplinary records, medical records,
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unemployment benefits, disability benefits, payroll records, training records, and any documents
related to her termination.
RESPONSE TO DOCUMENT REQUEST No. 1:
In addition to its general objections, the Diocese specifically objects to any assumption that
Sr. Lora Bannon was an employee of the Diocese or that the Diocese has the various categories of
documents that this document request recites. Subject to and without waiver of all objections, the
Diocese is producing the records it has identified in its possession, custody or control potentially
responsive to this document request, attached hereto as Exhibit A, and Bates numbered
SrLB000001 to SrLB000111.
DOCUMENT REQUEST No. 2:
Any and all documents that reflect Sr. Lora Bannon’s employment at Our Lady of
Guadalupe Church and School.
RESPONSE TO DOCUMENT REQUEST No. 2:
In addition to its general objections, the Diocese specifically objects to the improper use of
the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to
and without waiver of all objections, please see the preceding Response to Document Request
No. 1.
DOCUMENT REQUEST No. 3:
Any and all documents that reflect Sr. Lora Bannon’s employment with, retention by,
and/or separation with the Diocese.
RESPONSE TO DOCUMENT REQUEST No. 3:
In addition to its general objections, the Diocese specifically objects to any assumption that
Sr. Lora Bannon was an employee of the Diocese. Subject to and without waiver of all objections,
please see the preceding Response to Document Request No. 1.
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DOCUMENT REQUEST No. 4:
A complete copy of Sr. Jean Albert’s personnel file, including but not limited to, her job
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 her termination.
RESPONSE TO DOCUMENT REQUEST No. 4:
In addition to its general objections, the Diocese specifically objects to any assumption that
Sr. Jean Albert was an employee of the Diocese or that the Diocese has the various categories of
documents that this document request recites. Subject to and without waiver of all objections, the
Diocese is producing the records it has identified in its possession, custody or control potentially
responsive to this document request, attached hereto as Exhibit B, and Bates numbered
SrJAF000001 to SrJAF000018.
DOCUMENT REQUEST No. 5:
Any and all documents that reflect Sr. Jean Albert’s employment at Our Lady of
Guadalupe Church and School.
RESPONSE TO DOCUMENT REQUEST No. 5:
In addition to its general objections, the Diocese specifically objects to the improper use of
the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to
and without waiver of all objections, please see the preceding Response to Document Request
No. 4.
DOCUMENT REQUEST No. 6:
Any and all documents that reflect Sr. Jean Albert’s employment with, retention by, and/or
separation with the Diocese.
RESPONSE TO DOCUMENT REQUEST No. 6:
In addition to its general objections, the Diocese specifically objects to any assumption that
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Sr. Jean Albert was an employee of the Diocese. Subject to and without waiver of all objections,
please see the preceding Response to Document Request No. 4.
DOCUMENT REQUEST No. 7:
A complete copy of Sr. Frances Mary Hagzan’s personnel file, including but not limited
to, her job 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 her termination.
RESPONSE TO DOCUMENT REQUEST No. 7:
In addition to its general objections, the Diocese specifically objects to any assumption that
Sr. Frances Mary Hagzan was an employee of the Diocese or that the Diocese has the various
categories of documents that this document request recites. Subject to and without waiver of all
objections, the Diocese is producing the records it has identified in its possession, custody or
control potentially responsive to this document request, namely census cards, attached hereto as
Exhibit C, and Bates numbered OLG000001 – OLG000004.
DOCUMENT REQUEST No. 8:
Any and all documents that reflect Sr. Frances Mary Hagzan’s employment at Our Lady
of Guadalupe Church and School.
RESPONSE TO DOCUMENT REQUEST No. 8:
In addition to its general objections, the Diocese specifically objects to the improper use of
the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to
and without waiver of all objections, please see the preceding Response to Document Request
No. 7.
DOCUMENT REQUEST No. 9:
Any and all documents that reflect Sr. Frances Mary Hagzan’s employment with, retention
by, and/or separation with the Diocese.
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RESPONSE TO DOCUMENT REQUEST No. 9:
In addition to its general objections, the Diocese specifically objects to any assumption that
Sr. Frances Mary Hagzan was an employee of the Diocese. Subject to and without waiver of all
objections, please see the preceding Response to Document Request No. 7.
DOCUMENT REQUEST No. 10:
A complete copy of Sr. Ann Martin Kelly’s personnel file, including but not limited to, her
job 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 her termination.
RESPONSE TO DOCUMENT REQUEST No. 10:
In addition to its general objections, the Diocese specifically objects to any assumption that
Sr. Ann Martin Kelly was an employee of the Diocese or that the Diocese has the various categories
of documents that this document request recites. Subject to and without waiver of all objections,
the Diocese is producing the records it has identified in its possession, custody or control
potentially responsive to this document request, namely census cards, attached hereto as Exhibit C.
DOCUMENT REQUEST No. 11:
Any and all documents that reflect Sr. Ann Martin Kelly’s employment at Our Lady of
Guadalupe Church and School.
RESPONSE TO DOCUMENT REQUEST No. 11:
In addition to its general objections, the Diocese specifically objects to the improper use of
the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to
and without waiver of all objections, please see the preceding Response to Document Request
No. 10.
DOCUMENT REQUEST No. 12:
Any and all documents that reflect Sr. Ann Martin Kelly’s employment with, retention by,
and/or separation with the Diocese.
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RESPONSE TO DOCUMENT REQUEST No. 12:
In addition to its general objections, the Diocese specifically objects to any assumption that
Sr. Ann Martin Kelly was an employee of the Diocese. Subject to and without waiver of all
objections, please see the preceding Response to Document Request No. 10.
Dated: Lake Success, New York
May 1, 2023
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
By: ____________________________________
Jeremy S. Rosof
1983 Marcus Avenue, Suite 260
Lake Success, New York 11042-1056
(516) 488-3300
jrosof@sacslaw.com
Co-Counsel for Defendant The Roman
Catholic Diocese of Brooklyn, New York
To: FARRELL FRITZ, P.C.
Attn.: Domenique Camacho Moran, Esq.
400 RXR Plaza
Uniondale, New York 11556
(212) 227-0700
dmoran@farrellfritz.com
Counsel for Defendant
Sisters of the Order of St. Dominic
MARSH LAW FIRM PLLC
Attn.: James R. Marsh Esq.
31 Hudson Yards, 11th Floor
New York, NY 10001-2170
(212) 372-3030
jamesmarsh@marsh.law
-and-
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PFAU COCHRAN VERTETIS AMALA PLLC
Attn.: Anelga Doumanian, Esq.
31 Hudson Yards, 11th Floor
New York, New York 10001-2170
(212) 300-2444
adoumanian@pcvalaw.com
Co-Counsel for Plaintiff Caroline Borrino
SCAHILL LAW GROUP, P.C.
Attn.: Francis J. Scahill, Esq.
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
frank@scahillpc.com
Counsel for Defendants
The Roman Catholic Church of Our Lady of Guadalupe,
In the Borough of Brooklyn, In the City of New York
and The Sisters of Saint Joseph
Randall L. Morrison, Esq.
Kelley Drye & Warren LLP
3 World Trade Center
175 Greenwich Street
New York, New York 10007
(212) 808-7800
rmorrison@kelleydrye.com
Co-Counsel for Defendant
The Roman Catholic Diocese of Brooklyn, New York
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EXHIBIT A
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PROVIDED VIA EMAILED
SECURE DOCUMENT LINK
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EXHIBIT B
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PROVIDED VIA EMAILED
SECURE DOCUMENT LINK
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EXHIBIT C
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PROVIDED VIA EMAILED
SECURE DOCUMENT LINK
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BANNON, LORA
SrLB000001 - SrLB000111
PRIVILEGE AND REDACTION LOG
CPLR 3122 FOR PRIVILEGED
BATES NO. DATE ON DOCUMENT BASIS FOR REDACTION
DOCUMENTS
SrLB000002 5/27/2008 Confidential Personal Information; Relevancy N/A
SrLB000006 11/18/1996 Confidential Personal Information N/A
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FRY, JEAN ALBERT
SrJAF000001 - SrJAF000018
PRIVILEGE AND REDACTION LOG
BATES NO. DATE ON DOCUMENT BASIS FOR REDACTION CPLR 3122 FOR PRIVILEGED DOCUMENTS
SrJAF000011 7/1/1997 Confidential Personal Information N/A
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
Margaret Chinapen, being duly sworn, deposes and says: that deponent is not a party to this
action, is over 18 years of age and resides in Suffolk County, New York.
That on May 1, 2023 deponent served the within: Cover Letter with the Diocese's Response to
the Sisters of the Order of St. Dominic’s First Notice of Discovery and Inspection Directed at
Defendant Diocese of Brooklyn upon:
Domenique Camacho Moran, Esq. Anelga Doumanian, Esq.
Farrell Fritz, P.C. Pfau Cochran Vertetis Amala PLLC
400 RXR Plaza 31 Hudson Yards, 11th Floor
Uniondale, New York 11556 New York, New York 10001
dmoran@farrellfritz.com adoumanian@pcvalaw.com
James R. Marsh, Esq. Francis J. Scahill, Esq.
Marsh Law Firm PLLC Scahill Law Group, P.C.
31 Hudson Yards, 11th Floor 1065 Stewart Avenue, Suite 210
New York, New York 10001 Bethpage, New York 11714
jamesmarsh@marsh.law frank@scahillpc.com
Randall L. Morrison, Esq.
Kelley Drye & Warren LLP
3 World Trade Center
175 Greenwich Street
New York, New York 10007
rmorrison@kelleydrye.com
via email and mail at the address designated by said attorney(s) for that purpose, by depositing a true
copy thereof enclosed in a first class postpaid properly addressed wrapper, in an official depository
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Margaret Chinapen
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FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CAROLINE BORRINO,
Index No.: 506296/2020
Plaintiff,
- against -
DIOCESE OF BROOKLYN, OUR LADY OF
GUADALUPE CHURCH AND SCHOOL,
SISTERS OF ST. JOSEPH, and SISTERS OF
ST. DOMINIC,
Defendants.
DEFENDANT THE ROMAN CATHOLIC DIOCESE OF BROOKLYN,
NEW YORK’S RESPONSES AND OBJECTIONS TO DEFENDANT SISTERS
OF THE ORDER OF ST. DOMINIC’S FIRST NOTICE OF
DISCOVERY AND INSPECTION DIRECTED AT THE DIOCESE
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
Attorneys for Defendant
The Roman Catholic Diocese of Brooklyn, New York
Office and Post Office Address
1983 Marcus Avenue, Suite 260
Lake Success, NY 11042-1056
Telephone (516) 488-3300
Fax (516) 488-2324
TO: ALL PARTIES
Preview
FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 EXHIBIT D FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 SHAUB, AHMUTY, CITRIN & SPRATT, LLP ATTORNEYS AT LAW 1983 MARCUS AVENUE LAKE SUCCESS, NEW YORK 11042-1056 (516) 488-3300 Facsimile: (516) 488-2324 Jeremy S. Rosof jrosof@sacslaw.com May 1, 2023 Via U.S Mail and Email Domenique Camacho Moran, Esq. Farrell Fritz, P.C. 400 RXR Plaza Uniondale, New York 11556 dmoran@farrellfritz.com Re: Caroline Borrino. v. RCDoB, et al. Supreme Court, Kings County Index No. 506296/2020 SACS No.: 305-00172 Dear Ms. Camacho Moran: As you are aware, our office is co-counsel for The Roman Catholic Diocese of Brooklyn, New York (the “Diocese”) in the above-referenced action. In response to Defendant Sisters of the Order of St. Dominic’s First Notice of Discovery and Inspection Directed at the Diocese of Brooklyn, please find under cover hereof: (1) the Diocese’s Responses and Objections including Exhibit A, which comprises the personnel file of Sr. Lora Bannon (Bates numbered SrLB000001 to SrLB000111); Exhibit B, which comprises the personnel file of Sr. Jean Albert Fry (Bates numbered SrJAF000001 to SrJAF000018); and Exhibit C, which comprises the 1989 and 1990 census cards referencing Sr. Frances Mary Hagzan and Sr. Ann Martin Kelly (Bates numbered OLG000001 – OLG000004); and (2) redaction logs with respect to Exhibits A and B. The exhibits to the Response are being sent via secure document link embedded in the transmittal email for this correspondence. Please email our paralegal, Margaret Chinapen (mchinapen@sacslaw.com), to request the password needed to access the secure document link. Please carefully note that Exhibits A and B have been labeled as “CONFIDENTIAL INFORMATION” and should be treated as such in accordance with the terms of the July 6, 2022 Second Amended Confidentiality Order (“2nd ACO”). Accordingly, Confidential Information disclosed in one CVA case cannot be redisclosed in another CVA case unless both actions share the same alleged abuser. Moreover, no fewer than 20 days prior to such redisclosure, the Receiving Party must provide notice of the intended disclosure to the Producing Party, specifying the date thereof, identity of the intended recipient(s), and nature of the documents to be redisclosed. Consequently, on penalty of contempt of court, there should be no sharing or dissemination of 50 Main Street, Suite 1000, White Plains, New York 10606 (914) 948-5666/Facsimile: (914) 682-7787 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 SHAUB, AHMUTY, CITRIN & SPRATT, LLP Caroline Borrino. v. RCDoB, et al. Supreme Court, Kings County Index No. 506296/2020 SACS No.: 305-00172 Page 2 any Confidential Information outside of the within action except as permitted within the parameters of the 2nd ACO. Please note that the 2nd ACO was uploaded to all CVA cases in New York City. Should you have any questions regarding the above, please do not hesitate to contact me. Very truly yours, Jeremy S. Rosof Encls. (attachments to transmittal email) cc: James R. Marsh, Esq. Marsh Law Firm PLLC 31 Hudson Yards, 11th Floor New York, New York 10001 jamesmarsh@marsh.law Anelga Doumanian, Esq. Pfau Cochran Vertetis Amala PLLC 31 Hudson Yards, 11th Floor New York, New York 10001 adoumanian@pcvalaw.com Francis J. Scahill, Esq. Scahill Law Group, P.C. 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 frank@scahillpc.com Randall L. Morrison, Esq. Kelley Drye & Warren LLP 3 World Trade Center 175 Greenwich Street New York, New York 10007 rmorrison@kelleydrye.com 4884-6910-3713, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X CAROLINE BORRINO, : Index No.: 506296/2020 : Plaintiff, : DEFENDANT THE ROMAN : CATHOLIC DIOCESE OF - against - : BROOKLYN, NEW YORK’S : RESPONSES AND OBJECTIONS DIOCESE OF BROOKLYN, OUR LADY OF : TO DEFENDANT SISTERS OF GUADALUPE CHURCH AND SCHOOL, : THE ORDER OF ST. DOMINIC’S SISTERS OF ST. JOSEPH, and SISTERS OF ST. : FIRST NOTICE OF DISCOVERY DOMINIC, : AND INSPECTION DIRECTED AT : THE DIOCESE OF BROOKLYN Defendants. : -----------------------------------------------------------------X C O U N S E L : PLEASE TAKE NOTICE that defendant, The Roman Catholic Diocese of Brooklyn, New York s/h/a DIOCESE OF BROOKLYN (hereinafter the “Diocese”), by its attorneys, SHAUB, AHMUTY, CITRIN & SPRATT, LLP, hereby responds and objects pursuant to CPLR 3101, 3120 and 3122 to defendant, Sisters of the Order of St. Dominic’s First Notice of Discovery and Inspection Directed at Defendant Diocese of Brooklyn, dated March 2, 2023 (the “SSD First Notice”) as follows.1 GENERAL OBJECTIONS AND RESERVATIONS OF RIGHTS 1. In providing these responses and objections, the Diocese does not in any way waive, or intend to waive, but rather intends to preserve and is preserving: a. all objections as to competency, relevancy, materiality, privilege and admissibility of the requests (or responses) or the subject matter thereof; b. all objections as to vagueness, ambiguity and undue burden; c. all rights to object on any ground to the use of any of said documents or responses, or the subject matter thereof, in any motions and/or other subsequent proceedings, including the trial of this or any other action; and 1 By emails dated March 24, April 10 and April 19, 2023, the Sisters of the Order of St. Dominic extended the Diocese’s time to respond and object to the SSD First Notice through and including May 1, 2023. FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 d. all rights to object on any ground to any request for further responses to these or any other discovery requests involving or related to the subject matter of the SSD First Notice. 2. The Diocese objects to the SSD First Notice to the extent it seeks information or documents outside the Diocese’s possession, custody or control. 3. The Diocese objects to the SSD First Notice to the extent it seeks documents or information that are obtainable from another source that is more convenient and less burdensome or expensive, including, but not limited to, documents that are matters of public record. 4. The Diocese objects to the SSD First Notice to the extent that the document requests therein are overbroad, unduly burdensome, not material or necessary to the claims and defenses herein, seek duplicative, redundant or cumulative information or purport to require the Diocese to produce documents outside the scope of discovery described in Article 31 of the Civil Practice Law and Rules and to the extent that the SSD First Notice constitutes an improper fishing expedition seeking documents far beyond the scope of material and necessary evidence in this action. 5. The Diocese objects to the SSD First Notice to the extent that it seeks documents unbounded by any relevant time frame as relates to alleged abuse that ended in 1990. 6. The Diocese objects to the SSD First Notice to the extent that it improperly seeks production of “all” documents and data relating to the subject matter of the document requests therein. 7. The Diocese objects to the SSD First Notice to the extent that the document requests therein call for a legal conclusion or are vague, ambiguous, confusing or incomprehensible, and make use of numerous undefined terms, or are palpably improper. 2 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 8. The Diocese objects to the SSD First Notice insofar as and to the extent that the document requests therein seek disclosure of information or documents subject to the attorney- client privilege, the work product doctrine, materials prepared in anticipation of litigation or for trial, and/or any other privileges, immunities or protections recognized by law. 9. The Diocese objects to the SSD First Notice insofar as and to the extent that the document requests therein seek confidential documents generated as part of Alternative Dispute Resolution proceedings or inadmissible offers to compromise. 10. The Diocese objects to the SSD First Notice and to the document requests therein to the extent that they seek information privileged under CPLR 4504(a), 4505, 4507, 4508 or protected health information (“PHI”) of any kind, within the meaning of or protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Americans with Disabilities Act (“ADA”) or other similar Federal or State laws or regulations, which is immune from disclosure. 11. The Diocese objects to the SSD First Notice and the document requests therein to the extent that they seek documents or information privileged under the First and Fourteenth Amendments to the United States Constitution, or analogous provisions of the New York State Constitution. 12. The Diocese objects to the SSD First Notice and the document requests therein to the extent that they seek documents concerning subsequent remedial measures, which are not discoverable. 13. The Diocese objects to the SSD First Notice and the document requests therein to the extent that they would reveal sensitive, personal and confidential or proprietary information. 3 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 The Diocese will invoke the Second Amended Confidentiality Order as necessary to safeguard such information. 14. The Diocese objects to the SSD First Notice and the document requests therein to the extent that they call for production or description of documents generated by its counsel, documents from third parties obtained by its counsel, and correspondence sent by it to counsel, in connection with this action or any related proceeding now pending, on the ground that production or description of such documents, many of which are privileged in any event, would be unduly burdensome and unlikely to lead to relevant evidence. 15. The Diocese reserves its right to amend or supplement its response to the SSD First Notice to the extent necessary and appropriate. By reserving such right, the Diocese does not intend to assume a duty to modify or amend these answers, other than as required by CPLR 3101(h). 16. The Diocese incorporates each of the foregoing general objections in each of its responses to each of the individual document requests contained within the SSD First Notice and, where applicable, will state additional specific objections to each individual demand. 17. No objection or lack thereof made in response to the SSD First Notice should be deemed as a statement by the Diocese as to the existence or non-existence of any documents demanded in the SSD First Notice. OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS 1. The Diocese objects to the definitions and instructions in the SSD First Notice to the extent that they purport to impose obligations on it greater than those set forth in the CPLR. The Diocese incorporates by reference the definitions promulgated in Local Civil Rule 26.3 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New 4 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 York, “Uniform Definitions in Discovery Requests,” available at https://www.nysd.uscourts.gov/sites/default/files/local_rules/2021-10 15%20Joint%20Local%20Rules.pdf, as a reasonable and neutral set of definitions and instructions that are deemed incorporated by reference into all discovery requests in those courts, and will construe the SSD First Notice in this matter in accordance therewith in the event of any conflict, including the definitions of the terms “document,” “communication,” “concerning” (including “relating,” “referring,” etc.), “identify,” “parties” and “persons” (including pronouns such as “you” or “your”) and instructions concerning the use of the terms “and” and “or,” “any” and “all” and the use of the singular and plural forms of words. 2. In particular, the Diocese shall interpret the term “document” to be synonymous in meaning and equal in scope to the usage of the term “documents or electronically stored information” in Fed. R. Civ. P. 34(a)(1)(A), i.e., “any designated documents or electronically stored information—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form. A draft or non-identical copy is a separate document within the meaning of this term.” 3. Also, in particular, the Diocese shall interpret a party’s full or abbreviated name or a pronoun referring to a party to mean the party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation. Bearing this definition in mind, the Diocese specifically objects to paragraph 13 of the Definitions as overbroad 5 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 insofar as it claims to encompass persons other than a party’s officers, directors, employees, partners, corporate parents, subsidiaries or affiliates. 4. The Diocese objects to Instruction No. 1 to the extent that it attempts to impose a standard for possession, custody or control in excess of the requirements of New York law and as not temporally limited. 5. The Diocese objects to Instruction No. 2 to the extent that it endeavors to impose obligations contrary to or in excess of CPLR 3122(c). 6. The Diocese objects to Instruction Nos. 3, 4 and 7 to the extent that they endeavor to impose obligations contrary to or in excess of New York law, including but not limited to CPLR 3122(b) and Uniform Rule 202.20-c. 7. The Diocese objects to Instruction No. 5 concerning production of electronic records to the extent it is unduly burdensome and purports to impose obligations greater than those set forth in the CPLR, CMO No. 1 or CMO No. 2. With regard to electronically stored information (“ESI”), the Diocese calls attention to the Commercial Division’s Guidelines for Discovery of Electronically Stored Information (the “ESI Guidelines”), referenced in Rule 11-c of the Commercial Division rules, which while not binding on this matter, may serve as an advisory neutral set of guidelines that can be applied to the extent appropriate under the circumstances. 8. The Diocese objects to Instruction No. 8 to the extent that it attempts to impose a standard for supplementation or amendment different from or in excess of CPLR 3101(h). SPECIFIC OBJECTIONS AND RESPONSES TO DOCUMENT REQUESTS DOCUMENT REQUEST No. 1: A complete copy of Sr. Lora Bannon’s personnel file, including but not limited to, her job application, resume, job title(s), job description(s), employment contract, human resources records, performance appraisals and reviews, disciplinary records, medical records, 6 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 unemployment benefits, disability benefits, payroll records, training records, and any documents related to her termination. RESPONSE TO DOCUMENT REQUEST No. 1: In addition to its general objections, the Diocese specifically objects to any assumption that Sr. Lora Bannon was an employee of the Diocese or that the Diocese has the various categories of documents that this document request recites. Subject to and without waiver of all objections, the Diocese is producing the records it has identified in its possession, custody or control potentially responsive to this document request, attached hereto as Exhibit A, and Bates numbered SrLB000001 to SrLB000111. DOCUMENT REQUEST No. 2: Any and all documents that reflect Sr. Lora Bannon’s employment at Our Lady of Guadalupe Church and School. RESPONSE TO DOCUMENT REQUEST No. 2: In addition to its general objections, the Diocese specifically objects to the improper use of the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 1. DOCUMENT REQUEST No. 3: Any and all documents that reflect Sr. Lora Bannon’s employment with, retention by, and/or separation with the Diocese. RESPONSE TO DOCUMENT REQUEST No. 3: In addition to its general objections, the Diocese specifically objects to any assumption that Sr. Lora Bannon was an employee of the Diocese. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 1. 7 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 DOCUMENT REQUEST No. 4: A complete copy of Sr. Jean Albert’s personnel file, including but not limited to, her job 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 her termination. RESPONSE TO DOCUMENT REQUEST No. 4: In addition to its general objections, the Diocese specifically objects to any assumption that Sr. Jean Albert was an employee of the Diocese or that the Diocese has the various categories of documents that this document request recites. Subject to and without waiver of all objections, the Diocese is producing the records it has identified in its possession, custody or control potentially responsive to this document request, attached hereto as Exhibit B, and Bates numbered SrJAF000001 to SrJAF000018. DOCUMENT REQUEST No. 5: Any and all documents that reflect Sr. Jean Albert’s employment at Our Lady of Guadalupe Church and School. RESPONSE TO DOCUMENT REQUEST No. 5: In addition to its general objections, the Diocese specifically objects to the improper use of the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 4. DOCUMENT REQUEST No. 6: Any and all documents that reflect Sr. Jean Albert’s employment with, retention by, and/or separation with the Diocese. RESPONSE TO DOCUMENT REQUEST No. 6: In addition to its general objections, the Diocese specifically objects to any assumption that 8 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 Sr. Jean Albert was an employee of the Diocese. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 4. DOCUMENT REQUEST No. 7: A complete copy of Sr. Frances Mary Hagzan’s personnel file, including but not limited to, her job 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 her termination. RESPONSE TO DOCUMENT REQUEST No. 7: In addition to its general objections, the Diocese specifically objects to any assumption that Sr. Frances Mary Hagzan was an employee of the Diocese or that the Diocese has the various categories of documents that this document request recites. Subject to and without waiver of all objections, the Diocese is producing the records it has identified in its possession, custody or control potentially responsive to this document request, namely census cards, attached hereto as Exhibit C, and Bates numbered OLG000001 – OLG000004. DOCUMENT REQUEST No. 8: Any and all documents that reflect Sr. Frances Mary Hagzan’s employment at Our Lady of Guadalupe Church and School. RESPONSE TO DOCUMENT REQUEST No. 8: In addition to its general objections, the Diocese specifically objects to the improper use of the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 7. DOCUMENT REQUEST No. 9: Any and all documents that reflect Sr. Frances Mary Hagzan’s employment with, retention by, and/or separation with the Diocese. 9 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 RESPONSE TO DOCUMENT REQUEST No. 9: In addition to its general objections, the Diocese specifically objects to any assumption that Sr. Frances Mary Hagzan was an employee of the Diocese. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 7. DOCUMENT REQUEST No. 10: A complete copy of Sr. Ann Martin Kelly’s personnel file, including but not limited to, her job 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 her termination. RESPONSE TO DOCUMENT REQUEST No. 10: In addition to its general objections, the Diocese specifically objects to any assumption that Sr. Ann Martin Kelly was an employee of the Diocese or that the Diocese has the various categories of documents that this document request recites. Subject to and without waiver of all objections, the Diocese is producing the records it has identified in its possession, custody or control potentially responsive to this document request, namely census cards, attached hereto as Exhibit C. DOCUMENT REQUEST No. 11: Any and all documents that reflect Sr. Ann Martin Kelly’s employment at Our Lady of Guadalupe Church and School. RESPONSE TO DOCUMENT REQUEST No. 11: In addition to its general objections, the Diocese specifically objects to the improper use of the phrase “any and all documents,” which is overly broad and unduly burdensome. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 10. DOCUMENT REQUEST No. 12: Any and all documents that reflect Sr. Ann Martin Kelly’s employment with, retention by, and/or separation with the Diocese. 10 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 RESPONSE TO DOCUMENT REQUEST No. 12: In addition to its general objections, the Diocese specifically objects to any assumption that Sr. Ann Martin Kelly was an employee of the Diocese. Subject to and without waiver of all objections, please see the preceding Response to Document Request No. 10. Dated: Lake Success, New York May 1, 2023 SHAUB, AHMUTY, CITRIN & SPRATT, LLP By: ____________________________________ Jeremy S. Rosof 1983 Marcus Avenue, Suite 260 Lake Success, New York 11042-1056 (516) 488-3300 jrosof@sacslaw.com Co-Counsel for Defendant The Roman Catholic Diocese of Brooklyn, New York To: FARRELL FRITZ, P.C. Attn.: Domenique Camacho Moran, Esq. 400 RXR Plaza Uniondale, New York 11556 (212) 227-0700 dmoran@farrellfritz.com Counsel for Defendant Sisters of the Order of St. Dominic MARSH LAW FIRM PLLC Attn.: James R. Marsh Esq. 31 Hudson Yards, 11th Floor New York, NY 10001-2170 (212) 372-3030 jamesmarsh@marsh.law -and- 11 4867-6195-6449, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 PFAU COCHRAN VERTETIS AMALA PLLC Attn.: Anelga Doumanian, Esq. 31 Hudson Yards, 11th Floor New York, New York 10001-2170 (212) 300-2444 adoumanian@pcvalaw.com Co-Counsel for Plaintiff Caroline Borrino SCAHILL LAW GROUP, P.C. Attn.: Francis J. Scahill, Esq. 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 frank@scahillpc.com Counsel for Defendants The Roman Catholic Church of Our Lady of Guadalupe, In the Borough of Brooklyn, In the City of New York and The Sisters of Saint Joseph Randall L. Morrison, Esq. Kelley Drye & Warren LLP 3 World Trade Center 175 Greenwich Street New York, New York 10007 (212) 808-7800 rmorrison@kelleydrye.com Co-Counsel for Defendant The Roman Catholic Diocese of Brooklyn, New York 12 4881-3243-3504, v. 1 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 EXHIBIT A FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 PROVIDED VIA EMAILED SECURE DOCUMENT LINK FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 EXHIBIT B FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 PROVIDED VIA EMAILED SECURE DOCUMENT LINK FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 EXHIBIT C FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 PROVIDED VIA EMAILED SECURE DOCUMENT LINK FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 BANNON, LORA SrLB000001 - SrLB000111 PRIVILEGE AND REDACTION LOG CPLR 3122 FOR PRIVILEGED BATES NO. DATE ON DOCUMENT BASIS FOR REDACTION DOCUMENTS SrLB000002 5/27/2008 Confidential Personal Information; Relevancy N/A SrLB000006 11/18/1996 Confidential Personal Information N/A FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 FRY, JEAN ALBERT SrJAF000001 - SrJAF000018 PRIVILEGE AND REDACTION LOG BATES NO. DATE ON DOCUMENT BASIS FOR REDACTION CPLR 3122 FOR PRIVILEGED DOCUMENTS SrJAF000011 7/1/1997 Confidential Personal Information N/A FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Margaret Chinapen, being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age and resides in Suffolk County, New York. That on May 1, 2023 deponent served the within: Cover Letter with the Diocese's Response to the Sisters of the Order of St. Dominic’s First Notice of Discovery and Inspection Directed at Defendant Diocese of Brooklyn upon: Domenique Camacho Moran, Esq. Anelga Doumanian, Esq. Farrell Fritz, P.C. Pfau Cochran Vertetis Amala PLLC 400 RXR Plaza 31 Hudson Yards, 11th Floor Uniondale, New York 11556 New York, New York 10001 dmoran@farrellfritz.com adoumanian@pcvalaw.com James R. Marsh, Esq. Francis J. Scahill, Esq. Marsh Law Firm PLLC Scahill Law Group, P.C. 31 Hudson Yards, 11th Floor 1065 Stewart Avenue, Suite 210 New York, New York 10001 Bethpage, New York 11714 jamesmarsh@marsh.law frank@scahillpc.com Randall L. Morrison, Esq. Kelley Drye & Warren LLP 3 World Trade Center 175 Greenwich Street New York, New York 10007 rmorrison@kelleydrye.com via email and mail at the address designated by said attorney(s) for that purpose, by depositing a true copy thereof enclosed in a first class postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Margaret Chinapen Sworn to, before me this VÍ 3 day of May, ue Y Notary ry Public en | DRA NOTARY PUBLIC, STATKEWLA E OF NEW YORK Registration No, 01KE50 Qualifse ied in QUEENS CO 53670 UNTY ‘omi mission Expires DECEMBER 26, 202 5 FILED: KINGS COUNTY CLERK 02/16/2024 05:58 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 162 RECEIVED NYSCEF: 02/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CAROLINE BORRINO, Index No.: 506296/2020 Plaintiff, - against - DIOCESE OF BROOKLYN, OUR LADY OF GUADALUPE CHURCH AND SCHOOL, SISTERS OF ST. JOSEPH, and SISTERS OF ST. DOMINIC, Defendants. DEFENDANT THE ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK’S RESPONSES AND OBJECTIONS TO DEFENDANT SISTERS OF THE ORDER OF ST. DOMINIC’S FIRST NOTICE OF DISCOVERY AND INSPECTION DIRECTED AT THE DIOCESE SHAUB, AHMUTY, CITRIN & SPRATT, LLP Attorneys for Defendant The Roman Catholic Diocese of Brooklyn, New York Office and Post Office Address 1983 Marcus Avenue, Suite 260 Lake Success, NY 11042-1056 Telephone (516) 488-3300 Fax (516) 488-2324 TO: ALL PARTIES