Preview
INDEX NO. 506296/2020
FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS: CVA PART
CAROLINE BORRINO, Index No.: 518451/2021
Plaintiff,
STIPULATION TO
-against- CONSOLIDATE TWO RELATED
ACTIONS
SISTERS OF ST. DOMINIC,
Defendant. Child Victims Act Proceeding
22 N.Y.C.R.R. § 202.72
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS: CVA PART
CAROLINE BORRINO, Index No.: 506296/2020
Plaintiff,
-against-
DIOCESE OF BROOKLYN, OUR LADY OF
GUADALUPE CHURCH AND SCHOOL, and
SISTERS OF ST. JOSEPH,
Defendants.
WHEREAS, on August 14, 2019, plaintiff Caroline Borrino was one of several Child
Victims Act plaintiffs who jointly filed a Summons and Complaint under a single index number,
No. 517924/2019, in Supreme Court, Kings County, with plaintiff Jeffrey Eskridge as the first-
named plaintiff, and naming among numerous other defendants The Roman Catholic Diocese of
Brooklyn, New York (sued as “Diocese of Brooklyn”) and Our Lady of Guadalupe Church and
School as defendants (the “Eskridge Action”); and
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INDEX NO. 506296/2020
FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022
WHEREAS, the Eskridge Action was later severed into several different actions
corresponding to different plaintiffs, including the action originally styled as Caroline Borrino v.
Diocese of Brooklyn and Our Lady of Guadalupe Church and School action, which was
commenced on March 12, 2020, and assigned Index No. 506296/2020 (hereinafter, the “Primary
Action”); and
WHEREAS, on August 25, 2020, Plaintiff Caroline Borrino commenced a second Child
Victims Act action by filing a Summons and Complaint against the Sisters of St. Joseph in
Supreme Court, Kings County (the “Secondary Action”), which action was assigned Index No.
515754/2020; and
WHEREAS, the parties to the Primary Action and the Secondary Action thereafter
stipulated to consolidate those two actions under the Index Number of the Primary Action, which
stipulation was “so-ordered” by the Court on December 28, 2020, and provided for the plaintiff to
file a First Amended Complaint (NY SCEF Nos. 16-17); and
WHEREAS, on June 18, 2021, Plaintiff filed the First Amended Complaint (NYSCEF No.
25) as directed by the Court employing the second caption set forth hereinabove; and
WHEREAS, on July 23, 2021, Plaintiff Caroline Borrino commenced a third Child
Victims Act action by filing a Summons and Complaint against the Sisters of St. Dominic in
Supreme Court, Kings County (the “Tertiary Action”), which action was assigned Index No.
518451/2021 and bears the first caption set forth hereinabove; and
WHEREAS, the Tertiary Action arises from the same alleged events as the previously
consolidated Primary and Secondary Actions — alleged sexual abuse of Caroline Borrino by her
teacher, Mr. Kenneth Pilpel, that allegedly occurred at Our Lady of Guadalupe Church and School;
and
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FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022
WHEREAS, all undersigned counsel agree to consolidate the Tertiary Action with the
previously consolidated Primary Action and Secondary Action (the “Present Consolidated
Action”) under Index No. 506296/2020.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
counsel for the undersigned parties, that because both the above-captioned Tertiary Action and the
above-captioned Present Consolidated Action arise from the same alleged events, in the interest of
judicial economy and in order to promote the ends of justice, the Tertiary Action shall be
consolidated with the Present Consolidated Action Action under Index No. 506296/2020; and
IT IS FURTHER STIPULATED AND AGREED, that all existing pleadings and filings
in the Tertiary Action shall be transferred upon consolidation to Index No. 506296/2020; and
IT IS FURTHER STIPULATED AND AGREED, that following the entry of an order to
consolidate the two above-captioned matters under Index No. 506296/2020, Plaintiff shall file and
serve a Second Amended Complaint (“SAC”) in Kings County Supreme Court under Index No.
506296/2020 within 20 days. The SAC shall serve solely to integrate in one pleading that which
was previously set forth in the First Amended Complaint in the Present Consolidated Action and
the Complaint in the Tertiary Action, and shall not serve as a vehicle to introduce new legal theories
or factual allegations or averments against any Defendant. The caption on the consolidated SAC
shall read as follows:
4878-7333-1720, v. 1
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INDEX NO. 506296/2020
FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022
CAROLINE BORRINO,
Plaintiff,
—against—
DIOCESE OF BROOKLYN,
OUR LADY OF GUADALUPE CHURCH AND SCHOOL,
SISTERS OF ST. JOSEPH, and SISTERS OF ST. DOMINIC,
Defendants.
IT IS FURTHER STIPULATED
AND AGREED that upon the filing and service of the
consolidated SAC, service of which may be accomplished by Plaintiff's counsel via email
independent of NY SCEF to the undersigned counsel for Defendants, Defendants shall answer the
SAC in accordance with the timeframe for same directed pursuant to the Court’s governing Case
Management Order(s), as amended or supplemented by further orders of the Court, if any; and
IT IS FURTHER STIPULATED
AND AGREED that this Stipulation may be executed
in one or more counterparts, each which shall constitute an original document, and which, when
taken together, shall constitute a single instrument, and that facsimile, pdf, or electronic copies of
this stipulation shall be deemed originals.
January 4, 2022
SCAHILL LAW GROUP P.C.
By: Fianece Q. Seatilé
frank@scahillpc.com
1065 Stewart Ave., Suite 210
Bethpage, NY 11714
Phone: (516) 294-5200
Attorneys for Defendants Our Lady of Guadalupe Church
and School and Sisters of St. Joseph
4878-7333-1720, v. 1
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=: INDEX NO. 506296/2020
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
By:
fx OE
Jeremy S. Rosof
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
FARRELL FRITZ P.C.
By: /s/ Domenique Camacho Moran
Domenique Camacho-Moran
Irene Apostolou Zoupaniotis
Jana A. Schwartz
dmoran@farrellfritz.com
izoupaniotis@farrellfritz.com
jschwartz@farrellfritz.com
400 RXR Plaza
Uniondale, NY 11556
Phone: (516) 227-0700
Attorneys for Defendant Sisters of St. Dominic
MARSH LAW FIRM PLLC
By:
's R. Marsh
jamssmarsh@marsh.law
31 Hudson Yards, 11" Floor
New York, NY 10001-2170
Phone: (212) 372-3030
Co-Counsel for Plaintiff Caroline Borrino
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INDEX NO. 506296/2020
FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022
PFAU COCHRAN VERTETIS AMALA PLLC
By:
Anelga Dofmanian
adoumanian@pevalaw.com
31 Hudson Yards, 11" Floor
New York, NY 10001-2170
Phone: (212) 300-2444
Co-Counsel for Plaintiff Caroline Borrino
1/14/22
SO ORDERED
Danek
wo Ca,
Nae
Hon. Deborah A. Kaplan, J.S.C.
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Preview
INDEX NO. 506296/2020 FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CVA PART CAROLINE BORRINO, Index No.: 518451/2021 Plaintiff, STIPULATION TO -against- CONSOLIDATE TWO RELATED ACTIONS SISTERS OF ST. DOMINIC, Defendant. Child Victims Act Proceeding 22 N.Y.C.R.R. § 202.72 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CVA PART CAROLINE BORRINO, Index No.: 506296/2020 Plaintiff, -against- DIOCESE OF BROOKLYN, OUR LADY OF GUADALUPE CHURCH AND SCHOOL, and SISTERS OF ST. JOSEPH, Defendants. WHEREAS, on August 14, 2019, plaintiff Caroline Borrino was one of several Child Victims Act plaintiffs who jointly filed a Summons and Complaint under a single index number, No. 517924/2019, in Supreme Court, Kings County, with plaintiff Jeffrey Eskridge as the first- named plaintiff, and naming among numerous other defendants The Roman Catholic Diocese of Brooklyn, New York (sued as “Diocese of Brooklyn”) and Our Lady of Guadalupe Church and School as defendants (the “Eskridge Action”); and 1 of 6 INDEX NO. 506296/2020 FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022 WHEREAS, the Eskridge Action was later severed into several different actions corresponding to different plaintiffs, including the action originally styled as Caroline Borrino v. Diocese of Brooklyn and Our Lady of Guadalupe Church and School action, which was commenced on March 12, 2020, and assigned Index No. 506296/2020 (hereinafter, the “Primary Action”); and WHEREAS, on August 25, 2020, Plaintiff Caroline Borrino commenced a second Child Victims Act action by filing a Summons and Complaint against the Sisters of St. Joseph in Supreme Court, Kings County (the “Secondary Action”), which action was assigned Index No. 515754/2020; and WHEREAS, the parties to the Primary Action and the Secondary Action thereafter stipulated to consolidate those two actions under the Index Number of the Primary Action, which stipulation was “so-ordered” by the Court on December 28, 2020, and provided for the plaintiff to file a First Amended Complaint (NY SCEF Nos. 16-17); and WHEREAS, on June 18, 2021, Plaintiff filed the First Amended Complaint (NYSCEF No. 25) as directed by the Court employing the second caption set forth hereinabove; and WHEREAS, on July 23, 2021, Plaintiff Caroline Borrino commenced a third Child Victims Act action by filing a Summons and Complaint against the Sisters of St. Dominic in Supreme Court, Kings County (the “Tertiary Action”), which action was assigned Index No. 518451/2021 and bears the first caption set forth hereinabove; and WHEREAS, the Tertiary Action arises from the same alleged events as the previously consolidated Primary and Secondary Actions — alleged sexual abuse of Caroline Borrino by her teacher, Mr. Kenneth Pilpel, that allegedly occurred at Our Lady of Guadalupe Church and School; and 4878-7333-1720, v. 1 2 of 6 FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022 WHEREAS, all undersigned counsel agree to consolidate the Tertiary Action with the previously consolidated Primary Action and Secondary Action (the “Present Consolidated Action”) under Index No. 506296/2020. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the undersigned parties, that because both the above-captioned Tertiary Action and the above-captioned Present Consolidated Action arise from the same alleged events, in the interest of judicial economy and in order to promote the ends of justice, the Tertiary Action shall be consolidated with the Present Consolidated Action Action under Index No. 506296/2020; and IT IS FURTHER STIPULATED AND AGREED, that all existing pleadings and filings in the Tertiary Action shall be transferred upon consolidation to Index No. 506296/2020; and IT IS FURTHER STIPULATED AND AGREED, that following the entry of an order to consolidate the two above-captioned matters under Index No. 506296/2020, Plaintiff shall file and serve a Second Amended Complaint (“SAC”) in Kings County Supreme Court under Index No. 506296/2020 within 20 days. The SAC shall serve solely to integrate in one pleading that which was previously set forth in the First Amended Complaint in the Present Consolidated Action and the Complaint in the Tertiary Action, and shall not serve as a vehicle to introduce new legal theories or factual allegations or averments against any Defendant. The caption on the consolidated SAC shall read as follows: 4878-7333-1720, v. 1 3 of 6 INDEX NO. 506296/2020 FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022 CAROLINE BORRINO, Plaintiff, —against— DIOCESE OF BROOKLYN, OUR LADY OF GUADALUPE CHURCH AND SCHOOL, SISTERS OF ST. JOSEPH, and SISTERS OF ST. DOMINIC, Defendants. IT IS FURTHER STIPULATED AND AGREED that upon the filing and service of the consolidated SAC, service of which may be accomplished by Plaintiff's counsel via email independent of NY SCEF to the undersigned counsel for Defendants, Defendants shall answer the SAC in accordance with the timeframe for same directed pursuant to the Court’s governing Case Management Order(s), as amended or supplemented by further orders of the Court, if any; and IT IS FURTHER STIPULATED AND AGREED that this Stipulation may be executed in one or more counterparts, each which shall constitute an original document, and which, when taken together, shall constitute a single instrument, and that facsimile, pdf, or electronic copies of this stipulation shall be deemed originals. January 4, 2022 SCAHILL LAW GROUP P.C. By: Fianece Q. Seatilé frank@scahillpc.com 1065 Stewart Ave., Suite 210 Bethpage, NY 11714 Phone: (516) 294-5200 Attorneys for Defendants Our Lady of Guadalupe Church and School and Sisters of St. Joseph 4878-7333-1720, v. 1 4 of 6 =: INDEX NO. 506296/2020 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022 SHAUB, AHMUTY, CITRIN & SPRATT, LLP By: fx OE Jeremy S. Rosof 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 FARRELL FRITZ P.C. By: /s/ Domenique Camacho Moran Domenique Camacho-Moran Irene Apostolou Zoupaniotis Jana A. Schwartz dmoran@farrellfritz.com izoupaniotis@farrellfritz.com jschwartz@farrellfritz.com 400 RXR Plaza Uniondale, NY 11556 Phone: (516) 227-0700 Attorneys for Defendant Sisters of St. Dominic MARSH LAW FIRM PLLC By: 's R. Marsh jamssmarsh@marsh.law 31 Hudson Yards, 11" Floor New York, NY 10001-2170 Phone: (212) 372-3030 Co-Counsel for Plaintiff Caroline Borrino 4878-7333-1720, v. 1 5 of 6 INDEX NO. 506296/2020 FILED: KINGS COUNTY CLERK 01/19/2022 04:31 PM NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/19/2022 PFAU COCHRAN VERTETIS AMALA PLLC By: Anelga Dofmanian adoumanian@pevalaw.com 31 Hudson Yards, 11" Floor New York, NY 10001-2170 Phone: (212) 300-2444 Co-Counsel for Plaintiff Caroline Borrino 1/14/22 SO ORDERED Danek wo Ca, Nae Hon. Deborah A. Kaplan, J.S.C. 4878-7333-1720, v. 1 6 of 6