Preview
FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020
NEW YORK SUPREME COURT
KINGS COUNTY
MARIA GOMEZ, Index No.: 512146/2020
Plaintiff,
– against –
STIPULATION EXTENDING
THE ROMAN CATHOLIC DIOCESE OF BROOKLYN, TIME TO ANSWER
and ST. FORTUNATA ROMAN CATHOLIC CHURCH,
Defendants.
MARIA GOMEZ-FINNERTY, Index No.: 512317/2020
Plaintiff,
– against –
DIOCESE OF BROOKLYN, ST. FORTUNATA PARISH
AND SCHOOL (ALSO D/B/A SALVE REGINA
CATHOLIC ACADEMY), and SISTERS OF THE
CATHOLIC APOSTOLATE PALLOTINE,
Defendants.
WHEREAS, for reasons which remain unclear, Plaintiff retained two different law firms
to bring a civil lawsuit against the Defendants;
WHEREAS, on July 12, 2020, Plaintiff filed a Summons and Complaint in Kings County
Supreme Court, naming the Roman Catholic Diocese of Brooklyn and St. Fortunata Roman
Catholic Church as Defendants. The case was assigned Index No. 512146/2020;
WHEREAS, on July 14, 2020, Plaintiff filed a Summons and Complaint in Kings County
Supreme Court, naming the Diocese of Brooklyn, St. Fortunata Parish and School (also d/b/a Salve
Regina Catholic Academy), and the Sisters of the Catholic Apostolate Pallotine as Defendants.
The case was assigned Index No. 512317/2020;
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FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020
WHEREAS, upon being informed that she was a party in two relatively identical cases,
arising out of the same alleged events, Plaintiff elected to continue being represented jointly by
the Marsh Law Firm PLLC and Pfau Cochran Vertetis Amala PLLC;
WHEREAS, the Marsh Law Firm PLLC secured from the Plaintiff and her outgoing
counsel in Index No. 512146/2020 a consent to change attorney which was filed with the Court on
October 5, 2020;
WHEREAS, a Proof of Service was filed on October 22, 2020, in the pending action in
Index No. 512317/2020 stating that defendant Sisters of the Catholic Apostolate Pallotine were
served on October 19, 2020;
WHEREAS, as of December 2, 2020, there has been no appearance by defendant the
Sisters of the Catholic Apostolate Pallotine in the pending action in Index No. 512317/2020;
WHEREAS, Plaintiff intends to consolidate the action in Index No. 512146/2020 with the
action in Index No. 512317/2020 once all parties appear in the pending action in Index No.
512317/2020;
WHEREAS, Defendants are facing deadlines in both these cases as to their time to answer,
move or otherwise respond to the complaints;
NOW THEREFORE,IT IS HEREBY STIPULATED AND AGREED, by and between
the undersigned counsel that the undersigned defendants’ time to respond to the Complaint in each
of the above-captioned action is extended sine die and that once Plaintiff consolidates the action
in Index No. 512146/2020 with the action in Index No. 512317/2020, Plaintiff will seek leave of
Court to amend the complaint in Index No. 512317/2020;
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FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020
IT IS FURTHER STIPULATED AND AGREED that after consolidation, the
Defendants will only have to answer one complaint, which will be the amended complaint filed in
the pending action in Index No. 512317/2020;
IT IS FURTHER STIPULATED AND AGREED that once the amended complaint is
filed in Index No. 512317/2020, the Defendants will respond to the amended complaint and
discove1y will proceed pursuant to Judge Silver's Case Management Order(s);
AND IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be
executed in one or more counterparts, each of which shall constitute an original document, and
when taken together shall constitute a single instrument, and that facsimile, pdf, or electronic
copies of this stipulation shall be deemed originals.
Dated: December 2, 2020
SCAHILL LAW GROUP P.C.
m
1065 Stewart Ave., Suite 210
Bethpage, NY 11714
Phone: (516) 294-5200
Attorneys for Defendant St. Fortunata
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
By: _ _ _ _ _ _ _ _ _ _ __
Robert M. Ortiz
Jeremy S. Rosof
rortiz@sacslaw.com
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FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020
jrosof@sacslaw.com
1983 Marcus Avenue, Suite 260
Lake Success, New York 11042
Phone: (516) 488-3300
Attorneys for Defendant The Roman Catholic Diocese of Brooklyn, New York
MARSH LAW FIRM PLLC
By: •
Ja s R. Marsh
jamesmarsh@marsh.law
11th
31 Hudson Yards, F10Or
New York, NY 10001-2170
Phone: (212) 372-3030
Co-Counsel for Plaintiff
PFAU COCHRAN VERTETIS AMALA PLLC
By:
Anelga umanian
adoumanian@pcyalaw.com
11th
31 Hudson Yards, F10Or
New York, NY 10001-2170
Phone: (212) 300-2444
Co-Counsel for Plaintiff
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Preview
FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020 NEW YORK SUPREME COURT KINGS COUNTY MARIA GOMEZ, Index No.: 512146/2020 Plaintiff, – against – STIPULATION EXTENDING THE ROMAN CATHOLIC DIOCESE OF BROOKLYN, TIME TO ANSWER and ST. FORTUNATA ROMAN CATHOLIC CHURCH, Defendants. MARIA GOMEZ-FINNERTY, Index No.: 512317/2020 Plaintiff, – against – DIOCESE OF BROOKLYN, ST. FORTUNATA PARISH AND SCHOOL (ALSO D/B/A SALVE REGINA CATHOLIC ACADEMY), and SISTERS OF THE CATHOLIC APOSTOLATE PALLOTINE, Defendants. WHEREAS, for reasons which remain unclear, Plaintiff retained two different law firms to bring a civil lawsuit against the Defendants; WHEREAS, on July 12, 2020, Plaintiff filed a Summons and Complaint in Kings County Supreme Court, naming the Roman Catholic Diocese of Brooklyn and St. Fortunata Roman Catholic Church as Defendants. The case was assigned Index No. 512146/2020; WHEREAS, on July 14, 2020, Plaintiff filed a Summons and Complaint in Kings County Supreme Court, naming the Diocese of Brooklyn, St. Fortunata Parish and School (also d/b/a Salve Regina Catholic Academy), and the Sisters of the Catholic Apostolate Pallotine as Defendants. The case was assigned Index No. 512317/2020; 1 of 4 FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020 WHEREAS, upon being informed that she was a party in two relatively identical cases, arising out of the same alleged events, Plaintiff elected to continue being represented jointly by the Marsh Law Firm PLLC and Pfau Cochran Vertetis Amala PLLC; WHEREAS, the Marsh Law Firm PLLC secured from the Plaintiff and her outgoing counsel in Index No. 512146/2020 a consent to change attorney which was filed with the Court on October 5, 2020; WHEREAS, a Proof of Service was filed on October 22, 2020, in the pending action in Index No. 512317/2020 stating that defendant Sisters of the Catholic Apostolate Pallotine were served on October 19, 2020; WHEREAS, as of December 2, 2020, there has been no appearance by defendant the Sisters of the Catholic Apostolate Pallotine in the pending action in Index No. 512317/2020; WHEREAS, Plaintiff intends to consolidate the action in Index No. 512146/2020 with the action in Index No. 512317/2020 once all parties appear in the pending action in Index No. 512317/2020; WHEREAS, Defendants are facing deadlines in both these cases as to their time to answer, move or otherwise respond to the complaints; NOW THEREFORE,IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel that the undersigned defendants’ time to respond to the Complaint in each of the above-captioned action is extended sine die and that once Plaintiff consolidates the action in Index No. 512146/2020 with the action in Index No. 512317/2020, Plaintiff will seek leave of Court to amend the complaint in Index No. 512317/2020; 2 2 of 4 FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020 IT IS FURTHER STIPULATED AND AGREED that after consolidation, the Defendants will only have to answer one complaint, which will be the amended complaint filed in the pending action in Index No. 512317/2020; IT IS FURTHER STIPULATED AND AGREED that once the amended complaint is filed in Index No. 512317/2020, the Defendants will respond to the amended complaint and discove1y will proceed pursuant to Judge Silver's Case Management Order(s); AND IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be executed in one or more counterparts, each of which shall constitute an original document, and when taken together shall constitute a single instrument, and that facsimile, pdf, or electronic copies of this stipulation shall be deemed originals. Dated: December 2, 2020 SCAHILL LAW GROUP P.C. m 1065 Stewart Ave., Suite 210 Bethpage, NY 11714 Phone: (516) 294-5200 Attorneys for Defendant St. Fortunata SHAUB, AHMUTY, CITRIN & SPRATT, LLP By: _ _ _ _ _ _ _ _ _ _ __ Robert M. Ortiz Jeremy S. Rosof rortiz@sacslaw.com 3 3 of 4 FILED: KINGS COUNTY CLERK 12/02/2020 11:39 PM INDEX NO. 512146/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/02/2020 jrosof@sacslaw.com 1983 Marcus Avenue, Suite 260 Lake Success, New York 11042 Phone: (516) 488-3300 Attorneys for Defendant The Roman Catholic Diocese of Brooklyn, New York MARSH LAW FIRM PLLC By: • Ja s R. Marsh jamesmarsh@marsh.law 11th 31 Hudson Yards, F10Or New York, NY 10001-2170 Phone: (212) 372-3030 Co-Counsel for Plaintiff PFAU COCHRAN VERTETIS AMALA PLLC By: Anelga umanian adoumanian@pcyalaw.com 11th 31 Hudson Yards, F10Or New York, NY 10001-2170 Phone: (212) 300-2444 Co-Counsel for Plaintiff 4 of 4