On March 12, 2020 a
Stipulation,Agreement
was filed
involving a dispute between
Caroline Borrino,
and
Diocese Of Brooklyn,
Our Lady Of Guadalupe Church And School,
Sisters Of St. Dominic,
Sisters Of St. Joseph,
for Torts - Child Victims Act
in the District Court of Kings County.
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SUPREME COURT OF THE STATE OF NEW YORK
____________
KINGS COUNTY
PRESENT: Hon. Alexander M. Tisch PART CVA
Justice
---------------------------------------------------------------------X INDEX NO. 506296/2020
Caroline Borrino
Plaintiff(s), FOLLOW UP CVA
COMPLIANCE CONFERENCE
-v- STIPULATION AND ORDER
Diocese of Brooklyn et al.
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. 1 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:
I. PARTY APPEARANCES
1. Plaintiff(s):
a. Plaintiff Caroline Borrino Counsel: Lesley O'Neill and Jason Amala
Email: loneill@pcvalaw.com and jason@pcvalaw.com
b. Plaintiff Caroline Borrino Counsel: Tatiana Akhund
Email: tatianaakhund@marsh.law
2. Defendant(s):
a. Defendant Diocese of Brooklyn Counsel: Randall Morrison
Email: rmorrison@kelleydrye.com
b. Defendant Diocese of Brooklyn Counsel: Jeremy S. Rosof
Email: jrosof@sacslaw.com
c. Defendant Sisters of St. Dominic Counsel: Domenique Camacho Moran
Email: DMoran@FarrellFritz.com
d. Defendant OLG / Sisters of St. Joseph Counsel: Frank Scahill
Email: frank@scahillpc.com
e. Defendant Counsel:
Email:
II. OUTSTANDING CMO MANDATED DISCOVERY – Exhibits A through E to CMO
No. 2
Within 30 days, Plaintiff will serve full and fair responses to the Diocese's March 22, 2023 Notice for Discovery and Inspection of Social Media and Litigation Hold.
III. ADDITIONAL DISCOVERY
The following motions are pending: 1) July 2023 – Non Party, Fr. Acciarito’s Motion for Protective Order and to Quash Subpoena (Motion Seq. Nos. 2 and 3, NYSCEF Document Nos. 67-74, 77-87, 88-89)
2) January 2024 – Plaintiff’s Motion to Compel Discovery from Defendants (Motion Seq. No. 8), which may lead to additional written discovery and depositions.
2
3) February 21, 2024 -- Plaintiff's Motion for Partial Summary Judgment (Motion Seq. No. 9) will be withdrawn by Plaintiff.*
4) All parties intend to take additional depositions, including, but not limited to, those noted below.
*aThe Diocese and the Sisters of St. Dominic deny Sister Lora was their agent. OLG shall provide
notice of withdrawal or such other paper as the Clerk requires to effectuate the withdrawal of her partial summary judgment motion.
Plaintiff its position by April 5, 2024.
1. Deposition of plaintiff on or before (unless waived) _________________________.
completed 2/7/2023
2. Deposition of defendant(s) on or before (unless waived) ______________________
7/10/2024
___________________________________________________________________
Non-Party Witness ("NPW") Carmela Borrino was deposed on 10/19/22. NPW Sr. Lora Bannon was deposed on 5/17/23-5/18/23. NPW Patricia Kelly-Stiles
___________________________________________________________________
was deposed on 8/11/23. Fact witness, Diocesan Archivist Joseph Coen was deposed on 3/7/24. Plaintiff intends to depose NPW Fr. Acciarito subject to motion practice
___________________________________________________________________.
and NPW Robert Annucci on April 11, 2024. The Diocese intends to depose, without limitation, NPW Kenneth Pilpel (out of state) and NPW Robert Bulone, NPW Cathy LoDuca and NPW Anthony Malewich.
3. 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 7/31/2024
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.
b. Defendants agree to serve reports of such examinations, if conducted, up to 60
days before trial.
c. 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 an additional Compliance Conference Stipulation and Order
on . If unable to do so parties are to notify the Court a week before the
submission date.
3. Upon written approval of the Court, the Note of Issue and Certificate of Readiness
shall be filed on or before_________________.
3
4. All dispositive motions must be filed within ninety (90) days of the Note of Issue.
V. REQUEST FOR CONFERENCES AND/OR ADR REFERRAL
1. The parties request a conference with the Court: [ ] Yes [ X ] No.
a. If “Yes”:
i. 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.
b. If “No”, e-mail a copy of this form to cvanyc@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: [ ] Yes [X ] No. If yes, the parties
wish to apply the automatic stay provision of CMO No. 1, sec. X(1) during the ADR proceedings:
[ ] Yes [ ] 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.
4
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 , J.S.C
5
Document Filed Date
March 29, 2024
Case Filing Date
March 12, 2020
Category
Torts - Child Victims Act
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SUPREME COURT OF THE STATE OF NEW YORK ____________ KINGS COUNTY PRESENT: Hon. Alexander M. Tisch PART CVA Justice ---------------------------------------------------------------------X INDEX NO. 506296/2020 Caroline Borrino Plaintiff(s), FOLLOW UP CVA COMPLIANCE CONFERENCE -v- STIPULATION AND ORDER Diocese of Brooklyn et al. 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. 1 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: I. PARTY APPEARANCES 1. Plaintiff(s): a. Plaintiff Caroline Borrino Counsel: Lesley O'Neill and Jason Amala Email: loneill@pcvalaw.com and jason@pcvalaw.com b. Plaintiff Caroline Borrino Counsel: Tatiana Akhund Email: tatianaakhund@marsh.law 2. Defendant(s): a. Defendant Diocese of Brooklyn Counsel: Randall Morrison Email: rmorrison@kelleydrye.com b. Defendant Diocese of Brooklyn Counsel: Jeremy S. Rosof Email: jrosof@sacslaw.com c. Defendant Sisters of St. Dominic Counsel: Domenique Camacho Moran Email: DMoran@FarrellFritz.com d. Defendant OLG / Sisters of St. Joseph Counsel: Frank Scahill Email: frank@scahillpc.com e. Defendant Counsel: Email: II. OUTSTANDING CMO MANDATED DISCOVERY – Exhibits A through E to CMO No. 2 Within 30 days, Plaintiff will serve full and fair responses to the Diocese's March 22, 2023 Notice for Discovery and Inspection of Social Media and Litigation Hold. III. ADDITIONAL DISCOVERY The following motions are pending: 1) July 2023 – Non Party, Fr. Acciarito’s Motion for Protective Order and to Quash Subpoena (Motion Seq. Nos. 2 and 3, NYSCEF Document Nos. 67-74, 77-87, 88-89) 2) January 2024 – Plaintiff’s Motion to Compel Discovery from Defendants (Motion Seq. No. 8), which may lead to additional written discovery and depositions. 2 3) February 21, 2024 -- Plaintiff's Motion for Partial Summary Judgment (Motion Seq. No. 9) will be withdrawn by Plaintiff.* 4) All parties intend to take additional depositions, including, but not limited to, those noted below. *aThe Diocese and the Sisters of St. Dominic deny Sister Lora was their agent. OLG shall provide notice of withdrawal or such other paper as the Clerk requires to effectuate the withdrawal of her partial summary judgment motion. Plaintiff its position by April 5, 2024. 1. Deposition of plaintiff on or before (unless waived) _________________________. completed 2/7/2023 2. Deposition of defendant(s) on or before (unless waived) ______________________ 7/10/2024 ___________________________________________________________________ Non-Party Witness ("NPW") Carmela Borrino was deposed on 10/19/22. NPW Sr. Lora Bannon was deposed on 5/17/23-5/18/23. NPW Patricia Kelly-Stiles ___________________________________________________________________ was deposed on 8/11/23. Fact witness, Diocesan Archivist Joseph Coen was deposed on 3/7/24. Plaintiff intends to depose NPW Fr. Acciarito subject to motion practice ___________________________________________________________________. and NPW Robert Annucci on April 11, 2024. The Diocese intends to depose, without limitation, NPW Kenneth Pilpel (out of state) and NPW Robert Bulone, NPW Cathy LoDuca and NPW Anthony Malewich. 3. 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 7/31/2024 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. b. Defendants agree to serve reports of such examinations, if conducted, up to 60 days before trial. c. 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 an additional Compliance Conference Stipulation and Order on . If unable to do so parties are to notify the Court a week before the submission date. 3. Upon written approval of the Court, the Note of Issue and Certificate of Readiness shall be filed on or before_________________. 3 4. All dispositive motions must be filed within ninety (90) days of the Note of Issue. V. REQUEST FOR CONFERENCES AND/OR ADR REFERRAL 1. The parties request a conference with the Court: [ ] Yes [ X ] No. a. If “Yes”: i. 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. b. If “No”, e-mail a copy of this form to cvanyc@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: [ ] Yes [X ] No. If yes, the parties wish to apply the automatic stay provision of CMO No. 1, sec. X(1) during the ADR proceedings: [ ] Yes [ ] 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. 4 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 , J.S.C 5