`SUPREME COURT : COUNTY OF ORLEANS
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`AB 511 DOE,
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`v.
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`LYNDONVILLE CENTRAL SCHOOL DISTRICT;
`LYNDONVILLE ELEMENTARY SCHOOL.
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` Index No.: 20-46602
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`Plaintiff,
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`Defendants.
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`WHEREAS, Defendants Lyndonville Central School District and Lyndonville
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`ORDER
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`Elementary School (collectively the “District”) filed an Order to Show Cause seeking an
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`order (1) quashing Plaintiff’s trial subpoenas duces tecum directed to Dr. Jeglic and Dr.
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`Sorrentino in their entirety or deeming them unenforceable; (2) quashing all requests that
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`seek financial records unrelated to the case at hand, all requests seeking draft expert
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`reports, all requests seeking communications between the experts and Defendants’
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`counsel, and all requests seeking information as to opposed to records; (3) limiting all trial
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`subpoena duces tecum requests to all experts to those items set forth in the District’s
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`counsel’s January 23, 2024 email to Plaintiff’s counsel (see Smith Aff., Ex. B, pg. 1) or, in
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`the alternative, directing that all experts produce the same items in response to trial
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`subpoenas duces tecum; and (4) such other or additional relief deemed appropriate by
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`the Court; and
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`WHEREAS, in support of that application, the District, by and through its
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`attorneys Webster Szanyi LLP, filed an Order to Show Cause that was signed by the Hon.
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`Deborah A. Chimes on February 6, 2024 (Doc. 171, 181), along with a supporting
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`Affirmation of Ryan G. Smith dated February 5, 2024, with Exhibits A-D (Doc. 172, 173,
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`1
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`174, 175, 176), supporting Affirmation of Dr. Elizabeth Jeglic dated February 2, 2024, with
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`exhibit (Doc. 177, 178), and supporting memorandum of law dated February 5, 2024; and
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`WHEREAS, Plaintiff AB 511 Doe opposed the application by Affirmation of
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`Leah Costanzo dated February 13, 2024, with exhibit (Doc. 220, 221); and
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`WHEREAS, the Court having heard oral argument on this matter on
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`February 15, 2024, a transcript of which is attached as Exhibit A; and
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`NOW, upon consideration of all the papers, pleadings, and materials
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`submitted by the parties, and due deliberation having been had, it is hereby:
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`ORDERED, that all experts served with trial subpoenas duces tecum shall
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`disclose: (1) 1099s, billings, invoices or other statements that reflect all compensation
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`paid or owed to the expert in connection with the engagement of expert witness services
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`in litigation of child sex abuse cases only, and specifically excluding child and family
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`matters, for the years 2020 through 2023; (2) any draft reports prepared by the expert;
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`and (3) a list of all child sex abuse litigation cases in which the expert has been retained,
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`if the expert is in possession of same; and it is further
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`ORDERED, that any requests that seek or encompass correspondence
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`exchanged between the expert and legal counsel are hereby quashed; and it is further
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`ORDERED, that to the extent that any trial subpoena duces tecum served
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`upon an expert seeks information that is contrary to or inconsistent with the foregoing,
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`such requests are hereby quashed; and otherwise, the requests contained in the
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`subpoena shall remain in force;
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`ORDERED, that service of trial subpoenas duces tecum on experts may be
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`effectuated by personal service, regardless of where the expert resides; and it is further
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`2
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`ORDERED, that counsel shall be allowed the opportunity to serve expert
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`witnesses with a trial subpoena duces tecum that is consistent with this Order, and it is
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`further
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`ORDERED, that all materials responsive to trial subpoenas duces tecum on
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`expert witnesses shall be forwarded to and received by the Hon. Deborah A. Chimes,
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`Orleans County Courthouse, 1 South Main Street, Suite 3, Albion, NY 14411, at least
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`seven (7) days prior to jury selection.
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`GRANTED:
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`ENTERED:
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`______________________________
`Hon. Deborah A. Chimes
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`3
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