Halperin v. Arrowood Indemnity Company

Background

The Trust seeks indemnity coverage from Arrowood for at least seven claims involving alleged sexual abuse by Father Romano Ferraro while he served as a priest in the Diocese of Rockville Centre. Arrowood served a subpoena on the non-party Roman Catholic Diocese of Brooklyn, New York, seeking documents concerning Ferraro, including documents in the Diocese’s possession.

Discovery Dispute

Arrowood asked the court to hold a discovery conference under the court’s individual practices and Local Civil Rule 37.2. Arrowood disagreed with the Diocese of Brooklyn’s objections that the subpoena sought confidential or sensitive information and with the Diocese’s proposed limits on producing documents. The Diocese had agreed to produce only documents specifically mentioning notice to the Diocese of Rockville Centre or abuse during Arrowood’s policy periods.

Arrowood argued that broader Ferraro-related documents were relevant to its expected-or-intended coverage defense and to whether the Trust had legal responsibility to the abuse claimants. Arrowood also argued that an existing protective order in the DRVC Action addressed confidentiality concerns. These were Arrowood’s arguments; the order did not resolve the subpoena’s scope or the parties’ underlying coverage dispute.

Court’s Action

The court scheduled a telephonic discovery conference for October 2, 2025, at 3:00 p.m. Eastern Time, to discuss the subpoena. The court directed Arrowood to serve a copy of the order on the Diocese of Brooklyn by September 29, 2025, and to file proof of service. The Clerk of Court was directed to close Docket No. 222. The order did not state that the subpoena was enforced, narrowed, granted, or denied.