Guerriero v. Diocese of Brooklyn et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PASQUALE J. GUERRIERO,
Plaintiff,
v.
DIOCESE OF BROOKLYN and SHRINE
CHURCH OF ST. BERNADETTE,
Defendants.
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ORDER
21-CV-4923 (MKB)
MARGO K. BRODIE, United States District Judge:
On September 23, 2026, Defendant The Roman Catholic Diocese of Brooklyn, New
York (the “Brooklyn Diocese”), joined by Defendant Shrine Church of St. Bernadette, requested
a stay of the above-captioned proceedings due to a stay in effect in all state-court actions filed
against the Brooklyn Diocese under New York’s Child Victims Act and Adult Survivor’s Act.
(Def. Letter Motion to Stay, Docket Entry No. 133). The Court notes that Plaintiff opposes the
stay and is not a party to the global settlement negotiations cited by Defendant in its Letter
Motion. (See Pl. Resp. in Opp. to Stay 2, Docket Entry No. 134). Therefore, Plaintiff’s claims
would not be resolved by such a settlement, nor would a settlement contemplate the specific facts
underlying Plaintiff’s claims. See Applestein v. Kleinhendler, 20-CV-1454, 2021 WL 493424, at
*3–4 (E.D.N.Y. Feb. 10, 2021) (denying Defendant’s request for a stay that was premised on
related bankruptcy proceedings that had been diverted to mediation because (1) mediation was
uncertain and risked prejudicing plaintiffs, especially a plaintiff who was not a party to the
bankruptcy proceeding and was elderly; (2) judicial economy was not served where there were
“non-overlapping liability questions;” (3) it was “not clear that resolution of particular issues or
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claims in the bankruptcy would have a preclusive effect in th[e district court] action” since the
parties differed; and (4) defendants would not be unduly burdened without a stay); see also
Walsh v. Ill. Union Ins. Co., 10-CV-1390, 2011 WL 13521199, at *2 (S.D.N.Y. Jan. 10, 2011)
(denying Defendant’s request for a stay that was premised on a concurrent state court action
because (1) the parties to the federal action were not both parties to the state court action; (2)
questions of fact at issue in the federal action were not the subject of the state court action; and
(3) the plaintiff would be prejudiced by a delay); Consol. Edison Co. of N.Y. v. United States, 30
F. Supp. 2d 385, 389 (S.D.N.Y. 1998) (“When a district court decides to dismiss or stay, it
presumably concludes that the parallel litigation will be an adequate vehicle for the complete
resolution of the issues between the parties.”). While a court “may ‘enter a stay pending the
outcome of proceedings which bear upon the case, even if such proceedings are not necessarily
controlling of the action that is to be stayed,’ the party seeking a stay bears the burden of
establishing that a stay is warranted.” Pozo v. BlueMercury, Inc., 22-CV-7382, 2023 WL
4980217, at *6 (S.D.N.Y. Aug. 3, 2023).
Defendant has not met that burden. Discovery in this action is complete, and the parties
have fully briefed Plaintiff’s motion to strike expert opinions and testimony and Defendant’s
motion for summary judgment. Conservation L. Found., Inc. v. Shell Oil Co., 21-CV-00933,
2023 WL 4706815, at *4 (D. Conn. July 24, 2023) (“[W]ith the agreed-upon discovery
completed . . . the Defendants are facing no discovery burdens at this time.”); Mountain Cable
Co. v. Pub. Serv. Bd. of State of Vt., 03-CV-219, 2003 WL 23273428, at *4 (D. Vt. Nov. 4, 2003)
(“[T]he [c]ourt is not convinced any discovery required in this suit . . . will be so
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expensive and burdensome as to require a complete stay . . . .”). Accordingly, the Court denies
Defendant’s Letter Motion.
Dated: October 14, 2026
Brooklyn, New York
SO ORDERED:
_/s/ MKB_______________
MARGO K. BRODIE
United States District Judge
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