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SUPREME COURT OF THE STATE OF NEW YORK
COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND
______________________________________________
In re: CHILD VICTIMS ACT LITIGATION EXHIBIT A to CASE MANAGEMENT
ORDER No. 2, Sec. IX.C.1
______________________________________________
STANDARD AUTOMATIC DISCLOSURES DIRECTED AT PLAINTIFFS
Plaintiffs’ response to Automatic Disclosures: Absent good cause shown and pursuant to
Section IX of Case Management Order No. 2, and any subsequent Case Management Order
issued by the Court, within 30 days of the filing of an Answer in a CVA action, plaintiff shall
serve upon the answering defendant a response to the following:
1. Response to this Standard Automatic Disclosures directed at Plaintiffs and
Common Demand for Verified Bill of Particulars.
2. Duly executed HIPAA-compliant authorizations1 together with the name and
last known address for the medical provider and/or facility for the following:
Item 1. Medical Records:
(a) each pediatrician, physician, specialist and/or medical, mental health or
other health care provider (e.g. nurse practitioner) or health care screener
(i) that treated plaintiff with respect to any physical or mental condition
alleged in the complaint or bill of particulars from the first date of the
alleged abuse through the present, and (ii) that treated plaintiff with
respect to any physical or mental condition at any time during the two (2)
years prior to the first date of the alleged abuse;
(b) each hospital, emergency room, walk-in clinic and/or urgent care clinic (i)
that treated plaintiff for any physical or mental condition alleged in the
complaint or bill of particulars from the first date of the alleged abuse
through the present, and (ii) that treated plaintiff with respect to any
physical or mental condition at any time during the two (2) years prior to
the first date of the alleged abuse;
1
In processing authorizations provided by plaintiff during the course of the CVA litigation, defendants will make
best efforts not to disclose the caption of the subject litigation or the fact that plaintiff is a party to litigation. In the
event an authorization is insufficient to obtain the records sought in this and any subsequent demands, defendants
reserve their rights and will not be precluded from issuing subpoenas or filing motions for the production of
documents from third-parties pursuant to the CPLR and existing case law.
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(c) each pharmacy (i) that has provided prescription medications to plaintiff
for any physical or mental condition alleged in the complaint or bill of
particulars from the first date of the alleged abuse through the present, and
(ii) that provided prescription medications to plaintiff at any time during
the two (2) years prior to the first date of the alleged abuse to the present;
(d) each and every hospital or radiology practice where plaintiff has received
x-rays; CT scans, MR images, and/or PET scans or any other diagnostic
test (i) with respect to any physical or mental condition alleged in the
complaint or bill of particulars from the first date of the alleged abuse
through the present, and (ii) with respect to any physical or mental
condition at any time during the two (2) years prior to the first date of the
alleged abuse;
(e) each infirmary, health center or medical division, department or office
within any jail, juvenile detention center or penitentiary (i) that provided
medical care and treatment for any physical or mental condition alleged in
the complaint or bill of particulars from the first date of the alleged abuse
through the present, and (ii) that provided medical care and treatment to
plaintiff for any physical or mental condition at any time during the two
(2) years prior to the first date of the alleged abuse;
(f) each school, college or university health services (i) that provided medical
care and treatment for any physical or mental condition alleged in the
complaint or bill of particulars from the first date of the alleged abuse
through the present, and (ii) that provided medical care and treatment to
plaintiff for any physical or mental condition at any time during the two
(2) years prior to the first date of the alleged abuse.
Item 2. Mental Health Records:
(a) each mental health professional or provider, who has ever treated plaintiff
or with whom plaintiff has ever consulted in any capacity at any time in
plaintiff’s life;
(b) each psychiatric treatment facility, hospital, clinic and/or center where
plaintiff has received treatment and/or has been admitted at any time in
plaintiff’s life;
(c) each infirmary, health center or medical division, department or office
within any jail, juvenile detention center or penitentiary where plaintiff
has ever been housed at any time in plaintiff’s life;
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(d) each school, college or university mental health or counseling services at
any time in plaintiff’s life;
(e) each alcohol, drug and/or addiction clinic and/or treatment center
providing emotional, psychiatric or psychological or neuropsychiatric
services where plaintiff has ever received treatment and/or has been
admitted at any time in plaintiff’s life.
Item 3. Marriage/Couples’ Counseling:
(a) Where plaintiff alleges damage to his/her marriage or ability to form or
maintain romantic and/or sexual relationships, or where plaintiff’s spouse
or domestic partner asserts a cause of action for loss of services, each
plaintiff shall provide an authorization for each provider, practice, group,
institution, center, and/or individual practitioner where plaintiff has sought
marriage counseling, marriage therapy, couples’ counseling and/or
couples’ therapy at any time in plaintiff’s life subject to appropriate
redactions where the spouse has not placed his/her condition in
controversy.
Item 4. Employment Records:
(a) To the extent plaintiff asserts a claim for loss of earnings, plaintiff shall
provide a fully executed authorization2 allowing defendants to obtain
plaintiff’s employment file(s), personnel file(s), human resources file(s),
performance file(s), earnings file(s), benefits file(s), and disciplinary
file(s) from plaintiff’s current employer.
(b) For any period during which plaintiff asserts a claim for loss of earnings
and for five years prior to that period, if a claim for loss of earnings is
asserted, plaintiff shall provide with respect to any employers, specifically
excluding any current employer, a fully executed authorization allowing
defendants to obtain plaintiffs employment file(s), personnel file(s),
human resources file(s), performance file(s), benefits file(s), and
disciplinary file(s).
Item 5. Educational Records:
Fully executed authorizations and waivers of confidentiality, including
appropriate HIPAA-compliant and/or FERPA-compliant language allowing
for and directing release to defendants of any documents and statements from
each elementary, junior high/middle school, and high school or institution of
2
See fn. 1.
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higher learning (college, university, graduate school, professional school,
etc.,) that plaintiff attended, including but not limited to documents relating to:
(a) grades, and or academic performance;
(b) parent-administration conferences;
(c) attendance records;
(d) standardized testing records;
(e) student transcripts;
(f) disciplinary records; and
(g) student health or mental health or counselling records.
Item 6. Law Enforcement/Children’s Services/Prior Claims:
(a) Fully executed and unlimited HIPAA-compliant authorizations executed
by plaintiff affording defendants unlimited access to any documents and
statements relating to any past and/or ongoing or current investigation
including all files, documents, referrals and investigations into plaintiff
and/or plaintiff’s family, including foster family, and the household or
foster household in which plaintiff was residing at the time of the alleged
abuse and at any time in plaintiff’s life before or since the abuse alleged in
the Complaint took place, by each private, non-profit or governmental
entity that protects and promotes the well-being of children including but
not limited to the NYS Office of Children and Family Services, NYC
Administration for Children’s Services (“ACS”) or any child welfare
agency or organization or victims’ advocacy or counseling organization
relating to the allegations in the Complaint;
(b) Fully executed and unlimited HIPAA-compliant authorizations and New
York Civil Rights Law 50-b waiver executed by plaintiff affording
defendants unlimited access to any documents and statements, including
but not limited to complaints, files, documents, referrals and investigations
by each law enforcement entity, including but not limited to any police
department and any Office of the District Attorney, U.S. Attorney’s
Office, State Attorneys General or relevant public prosecutor, relating to:
i. the allegations of sexual abuse of plaintiff as asserted in the
Complaint and Verified Bill of Particulars; and
ii. any other allegation of abuse that plaintiff has ever alleged or
asserted against any other entity, individual, institution, employer,
school, or organization that is not a party to the CVA action;
(c) All records of any complaint of alleged sexual abuse or assault or physical
abuse or assault, including any prior claim, complaint, statement,
allegation, and/or sworn statement of plaintiff against any entity or person,
including:
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i. a waiver of any confidentiality which may otherwise preclude
disclosure of the underlying facts of such claims; and
ii. a waiver of any confidentiality which may otherwise preclude
disclosure of plaintiff’s allegations, statements and testimony;
(d) Fully executed, HIPAA-compliant authorizations and New York Civil
Rights Law 50-b waivers for all items identified in response to paragraph
(c) and (d);
(e) Fully executed, HIPAA-compliant authorizations, unsealing
authorizations, and New York Civil Rights Law 50-b waivers for all
Family Court records relating to plaintiff in the CVA action and/or to
plaintiff’s family of origin, household in which plaintiff resided at the time
of the alleged abuse, or foster placement family(ies), if relevant, including
HIPAA-compliant and unsealing authorizations for records of neglect,
removal, PINS records, or juvenile delinquency proceedings.
3. Copies of all written statements, tape recordings, videotapes or any transcripts
or notes thereof, electronic or otherwise made by or on behalf of the above-
named defendant(s) whether signed or unsigned, or the transcript of any
electronically recorded statement in accordance with CPLR 3101(e).
4. The names and addresses of all eyewitnesses and notice witnesses to the
allegations set forth in the complaint and/or bill of particulars.
Objections to discovery based on privilege, confidentiality or immunity shall state with
some specificity that the documents in each category are entitled to protected status; expressly
justify the privilege asserted for each category; and describe the nature of the documents to be
protected in a manner that will enable the other parties to assess the claim without revealing the
privileged information. No documents or information subject to a claim of privilege,
confidentiality or immunity from disclosure shall be produced until the claim of privilege,
confidentiality or immunity is resolved by the Court.
Nothing contained in these automatic disclosures shall be considered a waiver of any
party’s rights to pursue any further discovery including, but not limited to, discovery requested
above, but for a different time frame.
These demands shall be deemed to continue during the pendency of the CVA action,
including the trial thereof.
All parties retain their rights to object and/or to move with regard to the foregoing
demands in accordance with the CPLR and existing case law. The fact that these demands are
made a part of the Case Management Order does not in any way alter or waive a party’s right to
object and/or to move with regard to any of the demands herein.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND
______________________________________________
In re: CHILD VICTIMS ACT LITIGATION EXHIBIT B to CASE MANAGEMENT
ORDER No. 2, Sec. IX.C.2
______________________________________________
COMMON DEMAND FOR VERIFIED BILL OF PARTICULARS
DIRECTED AT PLAINTIFFS
PLEASE TAKE NOTICE that each Plaintiff is hereby required, pursuant to Civil
Practice Law and Rules § 3041 et seq. and Section IX of Case Management Order No. 2, and any
applicable subsequent Case Management Order issued by the Court, to serve upon attorneys for
Defendants a Verified Bill of Particulars responding to the below demands within the time period
specified by the Court pursuant to Case Management Order No. 2.
I. Plaintiff’s Background Information.
1. Set forth Plaintiff’s full name including all prior legal names, maiden
names, and any aliases used throughout Plaintiff’s life, and the approximate period(s) of time
over which such names were used.
2. If not previously provided, set forth Plaintiff’s name at the time of the
alleged abuse, date of birth, social security number, parents and/or guardian’s names at the time
of the alleged abuse, current address, and address at the time of the alleged abuse, if known.
(Date of birth and social security number may be provided in a document separate from
Plaintiff’s other responses to this demand for particulars).
II. Alleged Conduct.
3. With respect to the alleged sexual abuse claimed in the Complaint
(“alleged abuse”), state:
a. the name of each person who Plaintiff alleges committed the alleged
abuse;
b. each act of alleged abuse
c. the date and approximate time of day of the occurrence; and
d. the location(s) of the alleged abuse and, if known, the address(es) of the
locations.
4. If Plaintiff claims that the individual(s) identified in response to Demand
No. 3.a violated any statute, law, rule, ordinance or regulation, provide the citation, including
specific subdivision, of each statute, law, rule, ordinance, or regulation allegedly violated and the
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alleged acts or omissions giving rise to the alleged violation. (Plaintiff is required to identify the
specific subdivision of New York’s penal law on which his or her claims are brought under the
Child Victims Act.)
5. If Plaintiff claims that any Defendant violated any statute, law, rule,
ordinance or regulation, for each Defendant set forth the specific (including subdivision) statute,
law, rule, ordinance(s), or regulation allegedly violated and the alleged acts or omissions giving
rise to the alleged violation.
6. Identify each cause of action and/or theory of liability alleged in the
Complaint, and, for each, separately describe in detail all alleged acts or omissions of each
Defendant (for institutional Defendants, if known, identify the agents, servants, or employees
who allegedly committed the alleged acts or omissions), the date of each act or omission and the
basis for any contention that an alleged act or omission was (a) negligent, (b) grossly negligent
or reckless and/or (c) intentional.
7. Describe in detail each action which Plaintiff contends should have been
undertaken by each Defendants, specify when the action should have been taken, and the
authority under which such action could have been taken.
8. If Plaintiff claims that any Defendant is vicariously liable for the alleged
acts or omissions of another person or entity, identify the person or entity for which each
Defendant is alleged to be vicariously liable.
III. Alleged Notice.
9. If Plaintiff, or any person on Plaintiff’s behalf, reported at any time the
alleged abuse to any person, including without limitation, any Defendant, law enforcement
agency, or officer, identify:
a. to whom (specific individual or, if unknown, title) the report was allegedly
made;
b. when and how the report was allegedly communicated; and
c. the information that was allegedly reported.
10. If Plaintiff alleges that any Defendant had actual notice, awareness and/or
knowledge of (a) the alleged abuse; (b) an alleged propensity of the individual(s) identified in
response to Demand No. 3.a to engage in the type of conduct that caused the alleged injury
and/or (c) any other alleged notice, for each Defendant identify:
a. the information that Plaintiff alleges Defendant had;
b. when Plaintiff alleges Defendant first acquired the information;
c. how and from whom Plaintiff alleges Defendant acquired such
information (for institutional Defendants, identify Defendant’s agent,
servant, or employee who allegedly acquired the alleged information); and
d. any response(s) by each Defendant to such information.
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11. If Plaintiff alleges that any Defendant had constructive notice, awareness
and/or knowledge of (a) the alleged abuse; (b) an alleged propensity of the individual(s)
identified in response to Demand No. 3.a to engage in the type of conduct that caused the alleged
injury and/or (c) any other alleged notice, for each Defendant identify:
a. the information that Plaintiff alleges Defendant should have had;
b. when Plaintiff alleges Defendant should have first acquired the
information; and
c. how and from whom Plaintiff alleges Defendant should have acquired
such information (for institutional Defendants, identify Defendant’s agent,
servant, or employee who allegedly should have acquired the alleged
information).
IV. Alleged Injuries.
12. Identify each and every physical, emotional, psychological and psychiatric
injury, disease, diagnosis, condition or syndrome (collectively, “injury”) that Plaintiff alleges
resulted from the alleged abuse, including:
a. when the alleged injury first occurred or manifested;
b. when, where and by whom (name and address) each alleged injury was
first diagnosed;
c. when, where, and by whom (name and address) treatment was sought
(indicate all dates of examination and treatment) for each alleged injury;
d. the dates and length of time of any confinement to bed and/or home
allegedly resulting from each alleged injury;
e. if Plaintiff was confined to hospital or any other treatment facility, provide
for each alleged injury the (i) names of each such hospital and/or facility
and (ii) the approximate dates of admission and discharge;
f. the dates and length of time of any incapacitation from activities of daily
living allegedly resulting from each alleged injury; and
g. whether each alleged injury identified is claimed to be permanent in
nature, and if not permanent, when it resolved.
13. If Plaintiff alleges that the alleged abuse activated, exacerbated or
aggravated any preexisting injury, identify each physical, emotional, psychological and/or
psychiatric injury which affected Plaintiff before the alleged abuse that Plaintiff alleges was
activated, exacerbated or aggravated as an alleged result of the alleged abuse, including:
a. when the alleged activation, exacerbation or aggravation first occurred or
manifested;
b. when, where and by whom (name and address) each (i) alleged injury was
first diagnosed and (ii) activation, aggravation or exacerbation was first
diagnosed;
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c. when, where, and by whom (name and address) treatment for (i) the
preexisting injury was sought and (ii) the subsequent activation,
aggravation or exacerbation was sought (indicate all dates of examination
and treatment) for each alleged injury;
d. the dates and length of time of any confinement to bed and/or home
allegedly resulting from each alleged preexisting injury and subsequent
activation, aggravation or exacerbation;
e. if Plaintiff was confined to hospital or any other treatment facility
allegedly resulting from each alleged preexisting injury and subsequent
activation, aggravation or exacerbation, provide for each alleged injury the
(i) names of each such hospital and/or facility and (ii) the approximate
dates of admission and discharge;
f. the dates and length of time of any incapacitation from activities of daily
living allegedly resulting from each alleged preexisting injury and
subsequent activation, aggravation or exacerbation; and
g. whether each alleged injury identified is claimed to be permanent in
nature, and if not permanent, when it resolved.
14. If Plaintiff has ever seen, consulted with, or received assistance of any
sort from any federal, state, or local social welfare, vocational, rehabilitation or service agency,
provide:
a. The name and address of each such agency;
b. The dates Plaintiff was seen by or was a client of the agency;
c. The person or persons who worked with Plaintiff; and
d. The nature of the services provided by that agency.
V. Alleged Damages.
15. If Plaintiff claims to have been incapacitated from employment (or self-
employment) or to have suffered impaired earnings capacity as an alleged result of the alleged
abuse, identify:
a. the dates that Plaintiff was incapacitated or impaired from employment;
b. the name of Plaintiff’s employer and supervisor(s) during each alleged
period of incapacity or impairment;
c. Plaintiff’s position/title during each period of alleged incapacity or
impairment;
d. the reasons for leaving any position during a period of alleged incapacity
or impairment;
e. Plaintiff’s wages during each period of alleged incapacity or impairment
and for the three years preceding and following each such period;
f. whether Plaintiff’s loss of income was indemnified or compensated by any
source(s) and, if so, the source and amount;
g. the amount and categories of lost earnings claimed;
h. each of Plaintiff’s employers from three years before the first date of
alleged abuse through the present, including the time period of each
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employment and a description of Plaintiff’s job title(s) and duties over
time at each employer; and
i. if unemployment or loss of employment is alleged, the duration of
unemployment, efforts to find other employment following the last day of
employment, and any offers of employment since the last date of
employment.
16. If Plaintiff claims any future impairment of earnings capacity or loss of
future earnings as an alleged result of the alleged abuse, provide the amount and categories of
each such alleged impairment or loss.
17. State the amount(s), if any, Plaintiff claims as special damages for:
a. physician’s services;
b. mental health expenses;
c. psychiatric expenses;
d. psychological expenses;
e. social worker expenses;
f. therapy expenses;
g. medication;
h. medical supplies;
i. hospital expenses;
j. x-rays and all similar diagnostic tests;
k. nursing expenses; and
l. amount and nature of any other special damages claimed.
18. If Plaintiff claims future special damages, identify the categories
(enumerated in Demand No. 17) and amounts claimed.
19. If the Complaint alleges loss of services, society, companionship and/or
consortium, state for whom the claim for loss of services is made, that person’s relationship to
Plaintiff, and the nature, extent and duration of the alleged loss.
20. If it is alleged in the Complaint that Article 16 of the CPLR does not
apply to this action, state the basis for such claim and identify any alleged applicable exception.
21. If Plaintiff claims punitive damages, describe the basis for such claim.
22. Other than the alleged abuse, if Plaintiff has at any time (as a minor or as
an adult) been a victim of any form of sexual abuse or assault, identify:
a. the individual(s) who caused and/or committed such acts;
b. when and where each act occurred;
c. each act of sexual abuse or assault;
d. to whom such act(s) were reported; and
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e. any related claim, cause of action, lawsuit or proceeding filed by or on
behalf of Plaintiff or in which Plaintiff participated as a witness, including
criminal proceedings, and the outcome of each identified lawsuit or
proceeding, to the extent known.
23. If Plaintiff has at any time (as a minor or as an adult) been a victim of any
form of sexual abuse or assault other than the alleged abuse, identify each and every physical,
emotional, psychological and psychiatric injury sustained as a result of such conduct, including:
a. when the alleged injury first occurred or manifested;
b. when, where and by whom (name and address) each alleged injury was
first diagnosed;
c. when, where, and by whom (name and address) treatment was sought
(indicate all dates of examination and treatment);
d. the dates and length of time of any confinement to bed and/or home
allegedly resulting from the alleged injuries;
e. if Plaintiff was confined to hospital or any other treatment facility, provide
the (i) names of each such hospital and/or facility and (ii) the approximate
dates of admission and discharge;
f. the dates and length of time of any incapacitation from activities of daily
living allegedly resulting from the alleged injuries; and
g. whether each alleged physical, emotional, psychological and/or
psychiatric injury, disease, diagnosis, condition or syndrome identified is
claimed to be permanent in nature, and if not permanent, when it resolved.
VI. Demands Specific for Certain Institutional Defendants.
24. Complete the additional demands contained in the applicable appendix as
appropriate for the named Defendants.
All parties retain their rights to object and/or to move with regard to the foregoing
demands in accordance with the CPLR and existing case law. The fact that these demands are
made a part of the Case Management Order does not in any way alter or waive a party’s right to
object and/or to move with regard to any of the demands herein.
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Appendix of Additional Demands for Particulars
Roman Catholic Institutions
1. With respect to the alleged abuse identified in Demand No. 3 identify:
a. the relationship of each person identified in response to Demand No.
3.a to each diocesan and/or archdiocesan and/or parish and/or
parochial school Defendant;
b. whether the person(s) identified in response to Demand No. 3.a was a
member of a religious order, religious institute, religious congregation,
or religious society, the name of such order, institute, congregation, or
society;
c. whether the person(s) identified in response to Demand No. 3.a was a
lay employee or volunteer at a parish or school within the territorial
confines of a diocese or archdiocese, and provide the name of such
parish and/or school;
d. whether the person(s) identified in response to Demand No. 3.a was a
lay employee or volunteer of a religious order, religious institute,
religious congregation, or religious society, and provide the name of
such religious order, institute, congregation, or society.
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Ap
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IX.C.1 ______________________________________________ STANDARD AUTOMATIC DISCLOSURES DIRECTED AT PLAINTIFFS Plaintiffs’ response to Automatic Disclosures: Absent good cause shown and pursuant to Section IX of Case Management Order No. 2, and any subsequent Case Management Order issued by the Court, within 30 days of the filing of an Answer in a CVA action, plaintiff shall serve upon the answering defendant a response to the following: 1. Response to this Standard Automatic Disclosures directed at Plaintiffs and Common Demand for Verified Bill of Particulars. 2. Duly executed HIPAA-compliant authorizations1 together with the name and last known address for the medical provider and/or facility for the following: Item 1. Medical Records: (a) each pediatrician, physician, specialist and/or medical, mental health or other health care provider (e.g. nurse practitioner) or health care screener (i) that treated plaintiff with respect to any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that treated plaintiff with respect to any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; (b) each hospital, emergency room, walk-in clinic and/or urgent care clinic (i) that treated plaintiff for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that treated plaintiff with respect to any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; 1 In processing authorizations provided by plaintiff during the course of the CVA litigation, defendants will make best efforts not to disclose the caption of the subject litigation or the fact that plaintiff is a party to litigation. In the event an authorization is insufficient to obtain the records sought in this and any subsequent demands, defendants reserve their rights and will not be precluded from issuing subpoenas or filing motions for the production of documents from third-parties pursuant to the CPLR and existing case law. 6 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 (c) each pharmacy (i) that has provided prescription medications to plaintiff for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that provided prescription medications to plaintiff at any time during the two (2) years prior to the first date of the alleged abuse to the present; (d) each and every hospital or radiology practice where plaintiff has received x-rays; CT scans, MR images, and/or PET scans or any other diagnostic test (i) with respect to any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) with respect to any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; (e) each infirmary, health center or medical division, department or office within any jail, juvenile detention center or penitentiary (i) that provided medical care and treatment for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that provided medical care and treatment to plaintiff for any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse; (f) each school, college or university health services (i) that provided medical care and treatment for any physical or mental condition alleged in the complaint or bill of particulars from the first date of the alleged abuse through the present, and (ii) that provided medical care and treatment to plaintiff for any physical or mental condition at any time during the two (2) years prior to the first date of the alleged abuse. Item 2. Mental Health Records: (a) each mental health professional or provider, who has ever treated plaintiff or with whom plaintiff has ever consulted in any capacity at any time in plaintiff’s life; (b) each psychiatric treatment facility, hospital, clinic and/or center where plaintiff has received treatment and/or has been admitted at any time in plaintiff’s life; (c) each infirmary, health center or medical division, department or office within any jail, juvenile detention center or penitentiary where plaintiff has ever been housed at any time in plaintiff’s life; 2 7 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 (d) each school, college or university mental health or counseling services at any time in plaintiff’s life; (e) each alcohol, drug and/or addiction clinic and/or treatment center providing emotional, psychiatric or psychological or neuropsychiatric services where plaintiff has ever received treatment and/or has been admitted at any time in plaintiff’s life. Item 3. Marriage/Couples’ Counseling: (a) Where plaintiff alleges damage to his/her marriage or ability to form or maintain romantic and/or sexual relationships, or where plaintiff’s spouse or domestic partner asserts a cause of action for loss of services, each plaintiff shall provide an authorization for each provider, practice, group, institution, center, and/or individual practitioner where plaintiff has sought marriage counseling, marriage therapy, couples’ counseling and/or couples’ therapy at any time in plaintiff’s life subject to appropriate redactions where the spouse has not placed his/her condition in controversy. Item 4. Employment Records: (a) To the extent plaintiff asserts a claim for loss of earnings, plaintiff shall provide a fully executed authorization2 allowing defendants to obtain plaintiff’s employment file(s), personnel file(s), human resources file(s), performance file(s), earnings file(s), benefits file(s), and disciplinary file(s) from plaintiff’s current employer. (b) For any period during which plaintiff asserts a claim for loss of earnings and for five years prior to that period, if a claim for loss of earnings is asserted, plaintiff shall provide with respect to any employers, specifically excluding any current employer, a fully executed authorization allowing defendants to obtain plaintiffs employment file(s), personnel file(s), human resources file(s), performance file(s), benefits file(s), and disciplinary file(s). Item 5. Educational Records: Fully executed authorizations and waivers of confidentiality, including appropriate HIPAA-compliant and/or FERPA-compliant language allowing for and directing release to defendants of any documents and statements from each elementary, junior high/middle school, and high school or institution of 2 See fn. 1. 3 8 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 higher learning (college, university, graduate school, professional school, etc.,) that plaintiff attended, including but not limited to documents relating to: (a) grades, and or academic performance; (b) parent-administration conferences; (c) attendance records; (d) standardized testing records; (e) student transcripts; (f) disciplinary records; and (g) student health or mental health or counselling records. Item 6. Law Enforcement/Children’s Services/Prior Claims: (a) Fully executed and unlimited HIPAA-compliant authorizations executed by plaintiff affording defendants unlimited access to any documents and statements relating to any past and/or ongoing or current investigation including all files, documents, referrals and investigations into plaintiff and/or plaintiff’s family, including foster family, and the household or foster household in which plaintiff was residing at the time of the alleged abuse and at any time in plaintiff’s life before or since the abuse alleged in the Complaint took place, by each private, non-profit or governmental entity that protects and promotes the well-being of children including but not limited to the NYS Office of Children and Family Services, NYC Administration for Children’s Services (“ACS”) or any child welfare agency or organization or victims’ advocacy or counseling organization relating to the allegations in the Complaint; (b) Fully executed and unlimited HIPAA-compliant authorizations and New York Civil Rights Law 50-b waiver executed by plaintiff affording defendants unlimited access to any documents and statements, including but not limited to complaints, files, documents, referrals and investigations by each law enforcement entity, including but not limited to any police department and any Office of the District Attorney, U.S. Attorney’s Office, State Attorneys General or relevant public prosecutor, relating to: i. the allegations of sexual abuse of plaintiff as asserted in the Complaint and Verified Bill of Particulars; and ii. any other allegation of abuse that plaintiff has ever alleged or asserted against any other entity, individual, institution, employer, school, or organization that is not a party to the CVA action; (c) All records of any complaint of alleged sexual abuse or assault or physical abuse or assault, including any prior claim, complaint, statement, allegation, and/or sworn statement of plaintiff against any entity or person, including: 4 9 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 i. a waiver of any confidentiality which may otherwise preclude disclosure of the underlying facts of such claims; and ii. a waiver of any confidentiality which may otherwise preclude disclosure of plaintiff’s allegations, statements and testimony; (d) Fully executed, HIPAA-compliant authorizations and New York Civil Rights Law 50-b waivers for all items identified in response to paragraph (c) and (d); (e) Fully executed, HIPAA-compliant authorizations, unsealing authorizations, and New York Civil Rights Law 50-b waivers for all Family Court records relating to plaintiff in the CVA action and/or to plaintiff’s family of origin, household in which plaintiff resided at the time of the alleged abuse, or foster placement family(ies), if relevant, including HIPAA-compliant and unsealing authorizations for records of neglect, removal, PINS records, or juvenile delinquency proceedings. 3. Copies of all written statements, tape recordings, videotapes or any transcripts or notes thereof, electronic or otherwise made by or on behalf of the above- named defendant(s) whether signed or unsigned, or the transcript of any electronically recorded statement in accordance with CPLR 3101(e). 4. The names and addresses of all eyewitnesses and notice witnesses to the allegations set forth in the complaint and/or bill of particulars. Objections to discovery based on privilege, confidentiality or immunity shall state with some specificity that the documents in each category are entitled to protected status; expressly justify the privilege asserted for each category; and describe the nature of the documents to be protected in a manner that will enable the other parties to assess the claim without revealing the privileged information. No documents or information subject to a claim of privilege, confidentiality or immunity from disclosure shall be produced until the claim of privilege, confidentiality or immunity is resolved by the Court. Nothing contained in these automatic disclosures shall be considered a waiver of any party’s rights to pursue any further discovery including, but not limited to, discovery requested above, but for a different time frame. These demands shall be deemed to continue during the pendency of the CVA action, including the trial thereof. All parties retain their rights to object and/or to move with regard to the foregoing demands in accordance with the CPLR and existing case law. The fact that these demands are made a part of the Case Management Order does not in any way alter or waive a party’s right to object and/or to move with regard to any of the demands herein. 5 10 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND ______________________________________________ In re: CHILD VICTIMS ACT LITIGATION EXHIBIT B to CASE MANAGEMENT ORDER No. 2, Sec. IX.C.2 ______________________________________________ COMMON DEMAND FOR VERIFIED BILL OF PARTICULARS DIRECTED AT PLAINTIFFS PLEASE TAKE NOTICE that each Plaintiff is hereby required, pursuant to Civil Practice Law and Rules § 3041 et seq. and Section IX of Case Management Order No. 2, and any applicable subsequent Case Management Order issued by the Court, to serve upon attorneys for Defendants a Verified Bill of Particulars responding to the below demands within the time period specified by the Court pursuant to Case Management Order No. 2. I. Plaintiff’s Background Information. 1. Set forth Plaintiff’s full name including all prior legal names, maiden names, and any aliases used throughout Plaintiff’s life, and the approximate period(s) of time over which such names were used. 2. If not previously provided, set forth Plaintiff’s name at the time of the alleged abuse, date of birth, social security number, parents and/or guardian’s names at the time of the alleged abuse, current address, and address at the time of the alleged abuse, if known. (Date of birth and social security number may be provided in a document separate from Plaintiff’s other responses to this demand for particulars). II. Alleged Conduct. 3. With respect to the alleged sexual abuse claimed in the Complaint (“alleged abuse”), state: a. the name of each person who Plaintiff alleges committed the alleged abuse; b. each act of alleged abuse c. the date and approximate time of day of the occurrence; and d. the location(s) of the alleged abuse and, if known, the address(es) of the locations. 4. If Plaintiff claims that the individual(s) identified in response to Demand No. 3.a violated any statute, law, rule, ordinance or regulation, provide the citation, including specific subdivision, of each statute, law, rule, ordinance, or regulation allegedly violated and the 11 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 alleged acts or omissions giving rise to the alleged violation. (Plaintiff is required to identify the specific subdivision of New York’s penal law on which his or her claims are brought under the Child Victims Act.) 5. If Plaintiff claims that any Defendant violated any statute, law, rule, ordinance or regulation, for each Defendant set forth the specific (including subdivision) statute, law, rule, ordinance(s), or regulation allegedly violated and the alleged acts or omissions giving rise to the alleged violation. 6. Identify each cause of action and/or theory of liability alleged in the Complaint, and, for each, separately describe in detail all alleged acts or omissions of each Defendant (for institutional Defendants, if known, identify the agents, servants, or employees who allegedly committed the alleged acts or omissions), the date of each act or omission and the basis for any contention that an alleged act or omission was (a) negligent, (b) grossly negligent or reckless and/or (c) intentional. 7. Describe in detail each action which Plaintiff contends should have been undertaken by each Defendants, specify when the action should have been taken, and the authority under which such action could have been taken. 8. If Plaintiff claims that any Defendant is vicariously liable for the alleged acts or omissions of another person or entity, identify the person or entity for which each Defendant is alleged to be vicariously liable. III. Alleged Notice. 9. If Plaintiff, or any person on Plaintiff’s behalf, reported at any time the alleged abuse to any person, including without limitation, any Defendant, law enforcement agency, or officer, identify: a. to whom (specific individual or, if unknown, title) the report was allegedly made; b. when and how the report was allegedly communicated; and c. the information that was allegedly reported. 10. If Plaintiff alleges that any Defendant had actual notice, awareness and/or knowledge of (a) the alleged abuse; (b) an alleged propensity of the individual(s) identified in response to Demand No. 3.a to engage in the type of conduct that caused the alleged injury and/or (c) any other alleged notice, for each Defendant identify: a. the information that Plaintiff alleges Defendant had; b. when Plaintiff alleges Defendant first acquired the information; c. how and from whom Plaintiff alleges Defendant acquired such information (for institutional Defendants, identify Defendant’s agent, servant, or employee who allegedly acquired the alleged information); and d. any response(s) by each Defendant to such information. 12 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 11. If Plaintiff alleges that any Defendant had constructive notice, awareness and/or knowledge of (a) the alleged abuse; (b) an alleged propensity of the individual(s) identified in response to Demand No. 3.a to engage in the type of conduct that caused the alleged injury and/or (c) any other alleged notice, for each Defendant identify: a. the information that Plaintiff alleges Defendant should have had; b. when Plaintiff alleges Defendant should have first acquired the information; and c. how and from whom Plaintiff alleges Defendant should have acquired such information (for institutional Defendants, identify Defendant’s agent, servant, or employee who allegedly should have acquired the alleged information). IV. Alleged Injuries. 12. Identify each and every physical, emotional, psychological and psychiatric injury, disease, diagnosis, condition or syndrome (collectively, “injury”) that Plaintiff alleges resulted from the alleged abuse, including: a. when the alleged injury first occurred or manifested; b. when, where and by whom (name and address) each alleged injury was first diagnosed; c. when, where, and by whom (name and address) treatment was sought (indicate all dates of examination and treatment) for each alleged injury; d. the dates and length of time of any confinement to bed and/or home allegedly resulting from each alleged injury; e. if Plaintiff was confined to hospital or any other treatment facility, provide for each alleged injury the (i) names of each such hospital and/or facility and (ii) the approximate dates of admission and discharge; f. the dates and length of time of any incapacitation from activities of daily living allegedly resulting from each alleged injury; and g. whether each alleged injury identified is claimed to be permanent in nature, and if not permanent, when it resolved. 13. If Plaintiff alleges that the alleged abuse activated, exacerbated or aggravated any preexisting injury, identify each physical, emotional, psychological and/or psychiatric injury which affected Plaintiff before the alleged abuse that Plaintiff alleges was activated, exacerbated or aggravated as an alleged result of the alleged abuse, including: a. when the alleged activation, exacerbation or aggravation first occurred or manifested; b. when, where and by whom (name and address) each (i) alleged injury was first diagnosed and (ii) activation, aggravation or exacerbation was first diagnosed; 13 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 c. when, where, and by whom (name and address) treatment for (i) the preexisting injury was sought and (ii) the subsequent activation, aggravation or exacerbation was sought (indicate all dates of examination and treatment) for each alleged injury; d. the dates and length of time of any confinement to bed and/or home allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation or exacerbation; e. if Plaintiff was confined to hospital or any other treatment facility allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation or exacerbation, provide for each alleged injury the (i) names of each such hospital and/or facility and (ii) the approximate dates of admission and discharge; f. the dates and length of time of any incapacitation from activities of daily living allegedly resulting from each alleged preexisting injury and subsequent activation, aggravation or exacerbation; and g. whether each alleged injury identified is claimed to be permanent in nature, and if not permanent, when it resolved. 14. If Plaintiff has ever seen, consulted with, or received assistance of any sort from any federal, state, or local social welfare, vocational, rehabilitation or service agency, provide: a. The name and address of each such agency; b. The dates Plaintiff was seen by or was a client of the agency; c. The person or persons who worked with Plaintiff; and d. The nature of the services provided by that agency. V. Alleged Damages. 15. If Plaintiff claims to have been incapacitated from employment (or self- employment) or to have suffered impaired earnings capacity as an alleged result of the alleged abuse, identify: a. the dates that Plaintiff was incapacitated or impaired from employment; b. the name of Plaintiff’s employer and supervisor(s) during each alleged period of incapacity or impairment; c. Plaintiff’s position/title during each period of alleged incapacity or impairment; d. the reasons for leaving any position during a period of alleged incapacity or impairment; e. Plaintiff’s wages during each period of alleged incapacity or impairment and for the three years preceding and following each such period; f. whether Plaintiff’s loss of income was indemnified or compensated by any source(s) and, if so, the source and amount; g. the amount and categories of lost earnings claimed; h. each of Plaintiff’s employers from three years before the first date of alleged abuse through the present, including the time period of each 14 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 employment and a description of Plaintiff’s job title(s) and duties over time at each employer; and i. if unemployment or loss of employment is alleged, the duration of unemployment, efforts to find other employment following the last day of employment, and any offers of employment since the last date of employment. 16. If Plaintiff claims any future impairment of earnings capacity or loss of future earnings as an alleged result of the alleged abuse, provide the amount and categories of each such alleged impairment or loss. 17. State the amount(s), if any, Plaintiff claims as special damages for: a. physician’s services; b. mental health expenses; c. psychiatric expenses; d. psychological expenses; e. social worker expenses; f. therapy expenses; g. medication; h. medical supplies; i. hospital expenses; j. x-rays and all similar diagnostic tests; k. nursing expenses; and l. amount and nature of any other special damages claimed. 18. If Plaintiff claims future special damages, identify the categories (enumerated in Demand No. 17) and amounts claimed. 19. If the Complaint alleges loss of services, society, companionship and/or consortium, state for whom the claim for loss of services is made, that person’s relationship to Plaintiff, and the nature, extent and duration of the alleged loss. 20. If it is alleged in the Complaint that Article 16 of the CPLR does not apply to this action, state the basis for such claim and identify any alleged applicable exception. 21. If Plaintiff claims punitive damages, describe the basis for such claim. 22. Other than the alleged abuse, if Plaintiff has at any time (as a minor or as an adult) been a victim of any form of sexual abuse or assault, identify: a. the individual(s) who caused and/or committed such acts; b. when and where each act occurred; c. each act of sexual abuse or assault; d. to whom such act(s) were reported; and 15 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 e. any related claim, cause of action, lawsuit or proceeding filed by or on behalf of Plaintiff or in which Plaintiff participated as a witness, including criminal proceedings, and the outcome of each identified lawsuit or proceeding, to the extent known. 23. If Plaintiff has at any time (as a minor or as an adult) been a victim of any form of sexual abuse or assault other than the alleged abuse, identify each and every physical, emotional, psychological and psychiatric injury sustained as a result of such conduct, including: a. when the alleged injury first occurred or manifested; b. when, where and by whom (name and address) each alleged injury was first diagnosed; c. when, where, and by whom (name and address) treatment was sought (indicate all dates of examination and treatment); d. the dates and length of time of any confinement to bed and/or home allegedly resulting from the alleged injuries; e. if Plaintiff was confined to hospital or any other treatment facility, provide the (i) names of each such hospital and/or facility and (ii) the approximate dates of admission and discharge; f. the dates and length of time of any incapacitation from activities of daily living allegedly resulting from the alleged injuries; and g. whether each alleged physical, emotional, psychological and/or psychiatric injury, disease, diagnosis, condition or syndrome identified is claimed to be permanent in nature, and if not permanent, when it resolved. VI. Demands Specific for Certain Institutional Defendants. 24. Complete the additional demands contained in the applicable appendix as appropriate for the named Defendants. All parties retain their rights to object and/or to move with regard to the foregoing demands in accordance with the CPLR and existing case law. The fact that these demands are made a part of the Case Management Order does not in any way alter or waive a party’s right to object and/or to move with regard to any of the demands herein. 16 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 Appendix of Additional Demands for Particulars Roman Catholic Institutions 1. With respect to the alleged abuse identified in Demand No. 3 identify: a. the relationship of each person identified in response to Demand No. 3.a to each diocesan and/or archdiocesan and/or parish and/or parochial school Defendant; b. whether the person(s) identified in response to Demand No. 3.a was a member of a religious order, religious institute, religious congregation, or religious society, the name of such order, institute, congregation, or society; c. whether the person(s) identified in response to Demand No. 3.a was a lay employee or volunteer at a parish or school within the territorial confines of a diocese or archdiocese, and provide the name of such parish and/or school; d. whether the person(s) identified in response to Demand No. 3.a was a lay employee or volunteer of a religious order, religious institute, religious congregation, or religious society, and provide the name of such religious order, institute, congregation, or society. 17 of 23 FILED: NEW YORK COUNTY CLERK 06/18/2020 11:43 AM INDEX NO. 950259/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/18/2020 Ap