On November 24, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Rose Doe,
and
Anthony Sabando,
Devin Derenoncourt,
Elyn Rivera,
Eryka Rogers,
Floyd Phipps,
James Reilly,
Jayson Sanchez,
Jennifer Cruz,
John Does #1-20,
Mikerleen Bournes,
Monica Johnson,
New York City Health And Hospitals Corporation,
Patricia Feeney,
Patricia Jacquez,
Rashida King,
Robert Balthazar M.D.,
Sade Doe,
Shasha Barreto,
The City Of New York,
Tiffany Robinson-Mcaulay,
for Torts - Adult Survivors Act
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024
From: Cassandra Rohme
To: Depugh, David (Law)
Subject: RE: [EXTERNAL] RE: DOE - Defendant"s Response to Plaintiff"s Combined Demands
Date: Wednesday, April 10, 2024 12:33:00 PM
Attachments: image001.png
Please be sure to save this email to your file so that it is clear that you were given the option to
correct the record and chose not to.
Cassandra Rohme
Partner, Chair of Civil Rights Litigation
LIAKAS LAW, P.C.
40 Wall Street, 50th Floor
New York, New York 10005
Tel. 212.937.7765 | Fax. 877.380.9432
DISCLAIMER FOR ELECTRONIC COMMUNICATIONS
NOTICE TO RECIPIENTS: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the
designated recipient(s) named above. This message may be an attorney/client communication and as such is privileged and confidential. If the
reader of this message is not the intended recipient, you are hereby notified that you have received this document in error and that any review,
dissemination, distribution or copying of this message is strictly prohibited. If you received this communication in error, please notify us
immediately by reply e-mail, and delete the original message (including attachments).
From: Depugh, David (Law)
Sent: Wednesday, April 10, 2024 12:21 PM
To: Cassandra Rohme
Subject: RE: [EXTERNAL] RE: DOE - Defendant's Response to Plaintiff's Combined Demands
The City stands behind its motion / cross-motion papers. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌
External (ddepugh@law.nyc.gov)
Report This Email FAQ Protection by INKY
The City stands behind its motion / cross-motion papers.
From: Cassandra Rohme
Sent: Monday, April 8, 2024 10:00 PM
To: Depugh, David (Law)
Subject: [EXTERNAL] RE: DOE - Defendant's Response to Plaintiff's Combined Demands
You don't often get email from crohme@liakaslaw.com. Learn why this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an attachment
(Click the More button, then forward as attachment).
Hi David,
FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024
There are some serious problems with what has been served in your opp/cross-motion. Â Â Â
First, as we both know, the Law Department intentionally refused to assign counsel to this
matter until my default motion was filed. I have emails which prove that. You failed to
mention to this to the Court and in fact argued falsely that the delay was not intentional and
was caused by the number of defendants, despite the fact that refusing to assign counsel was
the only reason that timely answers were not interposed. This is fatal to your cross-motion
and necessitates that a default be entered.
You also failed to mention what Judge Danzinger’s chambers told us regarding the
appropriateness of the assignment of the Judge here. This is something that you should have
brought to the attention of the Court.
Finally, as I am sure you realize, the late amended answer you are attempting to have Plaintiff
forced to accept is woefully defective as is the motion. You cannot issue a general denial in
the manner that you have, especially where your clients know certain facts to be true and/or
certain facts are true as a matter of law (for example that Defendants have denied having a
duty to protect Plaintiff from sexual assault is a violation of State and Federal law and can be
used against them. Moreover, it is especially egregious here where DOC documents I
provided you with admit to the occurrences at issue). Nor are the affirmative defenses
appropriate for the reasons I have outlined in my BP demands which have gone unanswered to
date. Finally, the general denials and DKIs should be converted to admissions under the
circumstances here.
I am giving you the opportunity to correct the misstatements before the Court and to fix the
proposed pleadings. I suggest that you put together a legitimate answer to the Complaint
(which responds to each paragraph and admits what you know to be true), with the improper
affirmative defenses removed (again, see my BP demands for a breakdown of what is wrong
with your defenses). If you do so by 5pm on 4/10 at the latest, we should be able to stipulate
to accept your late answer. If I do not receive a timely response, I will proceed with what I
intend to file which should result in a default under all applicable case law.
This is a very generous offer under the circumstances and is proposed to avoid wasting my
time and the Court’s time. If we must spend the time opposing this motion, we will be asking
to be compensated appropriately, including for disproving the false statements therein.
Cassandra Rohme
Partner, Chair of Civil Rights Litigation
LIAKAS LAW, P.C.
40 Wall Street, 50th Floor
New York, New York 10005
Tel. 212.937.7765 | Fax. 877.380.9432
DISCLAIMER FOR ELECTRONIC COMMUNICATIONS
FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024
NOTICE TO RECIPIENTS: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the
designated recipient(s) named above. This message may be an attorney/client communication and as such is privileged and confidential. If the
reader of this message is not the intended recipient, you are hereby notified that you have received this document in error and that any review,
dissemination, distribution or copying of this message is strictly prohibited. If you received this communication in error, please notify us
immediately by reply e-mail, and delete the original message (including attachments).
From: Cassandra Rohme
Sent: Friday, March 22, 2024 10:00 AM
To: Depugh, David (Law)
Subject: RE: DOE - Defendant's Response to Plaintiff's Combined Demands
David,
These responses are wholly deficient for reasons that I hope are self-explanatory. The City and
HHC’s BPs are also very late.
As to the recent answers, if you would like us to accept your late answers, we require you to
agree that the pleadings were timely served under the ASA. Please see my demand for a VBP
for more information about why the pleadings were timely under the law. If you agree, please
draft a stip. If you disagree, we will have to litigate the timeliness of the answers.
Cassandra Rohme
Partner, Chair of Civil Rights Litigation
LIAKAS LAW, P.C.
40 Wall Street, 50th Floor
New York, New York 10005
Tel. 212.937.7765 | Fax. 877.380.9432
DISCLAIMER FOR ELECTRONIC COMMUNICATIONS
NOTICE TO RECIPIENTS: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the
designated recipient(s) named above. This message may be an attorney/client communication and as such is privileged and confidential. If the
reader of this message is not the intended recipient, you are hereby notified that you have received this document in error and that any review,
dissemination, distribution or copying of this message is strictly prohibited. If you received this communication in error, please notify us
immediately by reply e-mail, and delete the original message (including attachments).
From: Depugh, David (Law)
Sent: Friday, March 1, 2024 1:15 PM
To: Cassandra Rohme
Subject: DOE - Defendant's Response to Plaintiff's Combined Demands
Counselor,
Please find annexed the City’s response to your combined demands. I have made the discovery
requests to the agency.
I anticipate sending a Bill of Particulars as to Affirmative Defenses early next week.
FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024
DAVID DEPUGH, ESQ.
Senior Counsel
New York City Law Department
100 Church Street
New York, NY 10708
(212) 356-7154
ddepugh@law.nyc.gov
Preview
FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024 From: Cassandra Rohme To: Depugh, David (Law) Subject: RE: [EXTERNAL] RE: DOE - Defendant"s Response to Plaintiff"s Combined Demands Date: Wednesday, April 10, 2024 12:33:00 PM Attachments: image001.png Please be sure to save this email to your file so that it is clear that you were given the option to correct the record and chose not to. Cassandra Rohme Partner, Chair of Civil Rights Litigation LIAKAS LAW, P.C. 40 Wall Street, 50th Floor New York, New York 10005 Tel. 212.937.7765 | Fax. 877.380.9432 DISCLAIMER FOR ELECTRONIC COMMUNICATIONS NOTICE TO RECIPIENTS: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney/client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you received this communication in error, please notify us immediately by reply e-mail, and delete the original message (including attachments). From: Depugh, David (Law) Sent: Wednesday, April 10, 2024 12:21 PM To: Cassandra Rohme Subject: RE: [EXTERNAL] RE: DOE - Defendant's Response to Plaintiff's Combined Demands The City stands behind its motion / cross-motion papers. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ External (ddepugh@law.nyc.gov) Report This Email FAQ Protection by INKY The City stands behind its motion / cross-motion papers. From: Cassandra Rohme Sent: Monday, April 8, 2024 10:00 PM To: Depugh, David (Law) Subject: [EXTERNAL] RE: DOE - Defendant's Response to Plaintiff's Combined Demands You don't often get email from crohme@liakaslaw.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an attachment (Click the More button, then forward as attachment). Hi David, FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024 There are some serious problems with what has been served in your opp/cross-motion.    First, as we both know, the Law Department intentionally refused to assign counsel to this matter until my default motion was filed. I have emails which prove that. You failed to mention to this to the Court and in fact argued falsely that the delay was not intentional and was caused by the number of defendants, despite the fact that refusing to assign counsel was the only reason that timely answers were not interposed. This is fatal to your cross-motion and necessitates that a default be entered. You also failed to mention what Judge Danzinger’s chambers told us regarding the appropriateness of the assignment of the Judge here. This is something that you should have brought to the attention of the Court. Finally, as I am sure you realize, the late amended answer you are attempting to have Plaintiff forced to accept is woefully defective as is the motion. You cannot issue a general denial in the manner that you have, especially where your clients know certain facts to be true and/or certain facts are true as a matter of law (for example that Defendants have denied having a duty to protect Plaintiff from sexual assault is a violation of State and Federal law and can be used against them. Moreover, it is especially egregious here where DOC documents I provided you with admit to the occurrences at issue). Nor are the affirmative defenses appropriate for the reasons I have outlined in my BP demands which have gone unanswered to date. Finally, the general denials and DKIs should be converted to admissions under the circumstances here. I am giving you the opportunity to correct the misstatements before the Court and to fix the proposed pleadings. I suggest that you put together a legitimate answer to the Complaint (which responds to each paragraph and admits what you know to be true), with the improper affirmative defenses removed (again, see my BP demands for a breakdown of what is wrong with your defenses). If you do so by 5pm on 4/10 at the latest, we should be able to stipulate to accept your late answer. If I do not receive a timely response, I will proceed with what I intend to file which should result in a default under all applicable case law. This is a very generous offer under the circumstances and is proposed to avoid wasting my time and the Court’s time. If we must spend the time opposing this motion, we will be asking to be compensated appropriately, including for disproving the false statements therein. Cassandra Rohme Partner, Chair of Civil Rights Litigation LIAKAS LAW, P.C. 40 Wall Street, 50th Floor New York, New York 10005 Tel. 212.937.7765 | Fax. 877.380.9432 DISCLAIMER FOR ELECTRONIC COMMUNICATIONS FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024 NOTICE TO RECIPIENTS: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney/client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you received this communication in error, please notify us immediately by reply e-mail, and delete the original message (including attachments). From: Cassandra Rohme Sent: Friday, March 22, 2024 10:00 AM To: Depugh, David (Law) Subject: RE: DOE - Defendant's Response to Plaintiff's Combined Demands David, These responses are wholly deficient for reasons that I hope are self-explanatory. The City and HHC’s BPs are also very late. As to the recent answers, if you would like us to accept your late answers, we require you to agree that the pleadings were timely served under the ASA. Please see my demand for a VBP for more information about why the pleadings were timely under the law. If you agree, please draft a stip. If you disagree, we will have to litigate the timeliness of the answers. Cassandra Rohme Partner, Chair of Civil Rights Litigation LIAKAS LAW, P.C. 40 Wall Street, 50th Floor New York, New York 10005 Tel. 212.937.7765 | Fax. 877.380.9432 DISCLAIMER FOR ELECTRONIC COMMUNICATIONS NOTICE TO RECIPIENTS: The information contained in (and attached to) this e-mail is intended only for the personal and confidential use of the designated recipient(s) named above. This message may be an attorney/client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you received this communication in error, please notify us immediately by reply e-mail, and delete the original message (including attachments). From: Depugh, David (Law) Sent: Friday, March 1, 2024 1:15 PM To: Cassandra Rohme Subject: DOE - Defendant's Response to Plaintiff's Combined Demands Counselor, Please find annexed the City’s response to your combined demands. I have made the discovery requests to the agency. I anticipate sending a Bill of Particulars as to Affirmative Defenses early next week. FILED: BRONX COUNTY CLERK 04/19/2024 04:43 PM INDEX NO. 818911/2023E NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 04/19/2024 DAVID DEPUGH, ESQ. Senior Counsel New York City Law Department 100 Church Street New York, NY 10708 (212) 356-7154 ddepugh@law.nyc.gov