FILED: ERIE COUNTY CLERK 02/06/2024 09:37 2
`FILED: ERIE COUNTY CLERK 02/06/2024 09:37 AM
`
`NYSCEF DOC. NO. 60
`NYSCEF DOC. NO. 60
`
`INDEX NO. 814633/2023
`
`INDEX NO. 814633/2023
`
`
`
`
`
`RECEIVED NYSCEF: 02/05/2024
`RECEIVED NYSCEF: 02/05/2024
`
`STATE OF NEW YORK
`SUPREME COURT: EIGHTH JUDICIAL DISTRICT
`
`In Re:
`
`Eighth Judicial District
`Asbestos Litigation
`
`EIGHTH JUDICIAL
`DISTRICT ASBESTOS
`LITIGATION
`
`This Document Appliesto:
`
`STATE OF NEW YORK
`SUPREME COURT: COUNTYOF ERIE
`
`TROY SHANESMITH and ALLYSON JANE
`SMITH,
`
`Vv.
`
`84 LUMBER COMPANY; et al,
`
`Plaintiffs,
`
`Defendants.
`
`DISCOVERY
`AND TRIAL ORDER
`
`Erie County
`Index No. 814633/2023
`
`Upon the Court Conference held herein on January 22, 2024 and upon agreement of
`
`counsel for plaintiff and defendants,it is hereby
`
`Ordered thatjury selection is scheduled for January 16, 2025 and the discovery and trial
`
`submissionscheduleannexedheretoasExhibit“A”,isZoZe
`YMONDW. WALTER,J.S.C.
`
`
`Peeled: 2/5 /zy
`
`ENTER:
`
`1 of 4
`1 of 4
`
`

`

`FILED: ERIE COUNTY CLERK 02/06/2024 09:37 AM
`NYSCEF DOC. NO. 60
`
` INDEX NO. 814633/2023
`
`
`INDEX NO. 814633/2023
`
`
`
`
`RECE [WDBXNNG CEPL 4 OD3/P220 24
`RECEIVED NYSCEF: 02/05/2024
`RECEIVED NYSCEF: 02/05/2024
`
`TROY SHANE SMITH and ALLYSON JANE SMITHv. 84 LUMBER COMPANY; et al.
`
`Eighth Judicial District Asbestos Litigation -Erie County Index No. 814633/2023
`63/18/2024
`Pretrial Conferences Scheduled for:
`04/15/2024
`06/17/2024
`09/16/2024
`11/18/2024
`01/07/2025
`January 16, 2025
`
`Final Settlement conference
`Jury Selection Scheduled for:
`
`DISCOVERY_AND TRIAL SUBMISSION SCHEDULE
`
`02/14/2024
`
`Plaintiffs to serve responscs to defendants’ standard interrogatorics and
`document requests and defendants’ standard Article 16 interrogatories and
`document requests; provide copies ofall medical records and reports,
`personnel, union, earnings, social security, worker's compensation and tax
`documents in his/her/their possession; and provide updated written
`authorizations to defendants, to the extent not already provided.
`
`02/14/2024
`
`Plaintiff to provide names and addressesofall productidentification witnesses
`known to date, together with a list of the expected jobsites and defendants
`about which each witness is expected to offer testimony. Plaintiff may amend
`and/or supplementthislist at any time prior to the date on whichPlaintiff is to
`respond to Defendants’ productidentification letters.
`
`03/11/2024
`
`Defendants to serve non-repetitive, supplemental interrogatories upon
`plaintiff; and to serve any objections to plaintiff's interrogatory responses.
`Plaintiff to serve responses to defendants’ non-repetitive, supplemental
`interrogatories within 60 days following service.
`
`03/11/2024
`
`Plaintiff to serve Proof of Claim informationto the extent any Proofs of Claim
`have beenfiled (or to be provided within 30 days of submission to Trust.).
`
`03/18/2024
`
`Plaintiffto serve non-repetitive, supplemental interrogatories. Defendants to
`serve responsesto plaintiffs non-repetitive, supplemental interrogatories
`within 60 days following service
`
`03/18/2024
`
`Date of commencementof depositions of product identification witnesses.
`
`03/18/2024
`
`Pretrial conference.
`
`03/25/2024
`
`All depositions to be completed with the exception of depositions of defendants,
`spouse/surviving spouse, children/distributees, and/or estate representative, which
`may be conducted until jury selection.
`
`04/04/2024
`
`Plaintiff to provide all original medical materials to defendants. Plaintiff
`undertakes the duty to locate and obtain possession ofall original medical
`
`1
`
`2 of 4
`2 of 4
`
`

`

`FILED: ERIE COUNTY CLERK 02/06/2024 09:37 2
`FILED: ERIE COUNTY CLERK 02/06/2024 09:37 AM
`N PEED© - BRIE CCOUNTY CLERK 02/05/2024 11:46 AM
`
`NYSCEF DOC. NO. 60
`NYSCEF BOC. NO, 59
`
`
`INDEX NO. 814633/2023
`INDEX NO. 814633/2023
`
`
`
`
`
`RECEREANGF B 1463 36393304
`RECEIVED NYSCEF: 02/05/2024
`RECEIVED NYSCEF: 02/05/2024
`
`materials and to provide them to the defendants.
`
`04/04/2024
`
`Plaintiff to serve medical expert designations and information.
`
`04/15/2024
`
`Pretrial conference.
`
`04/24/2024
`
`Last day for defendants to forward product and/or premisesidentificationletters.
`
`04/24/2024
`
`Last day for defendants to file third party actions.
`
`04/25/2024
`
`Plaintiff to serve and file notes of issue and statements of readiness and to serve
`on each defendant a settlement demand.
`
`05/15/2024
`
`Last day for plaintiff to respond to product and/or premises identification letters.
`
`06/27/2024
`
`Plaintiff to serve non-medical expert designations and information.
`
`06/17/2024
`
`Pretrial conference.
`
`07/30/2024
`
`Defendants to serve summary judgment motions.
`
`08/13/2024
`
`Plaintiff to serve responses to summary judgment motions.
`
`08/27/2024
`
`Defendants to serve replies to plaintiff's responses to summary judgment motions.
`
`09/12/2024
`
`Plaintiff to servetrial witness and exhibitlists.
`
`09/16/2024
`
`Pretrial conference and argument of summary judgment motions.
`
`11/26/2024
`
`Defendants to serve expert designations and information, trial witness and exhibit
`lists.
`
`11/26/2024
`
`Defense Liaison Counsel to coordinate with Defense Coordinating Counsel,
`Plaintiffs Counsel and Court to confirm trial date as scheduled or reschedule to
`the next available date, with coordination with remaining defense counsel, based
`on the continued double booking of cases for the week oftrial.
`
`12/03/2024
`
`Plaintiffs and defendants to serve motionsin limine.
`
`11/18/2024
`
`Final pretrial conference.
`
`12/17/2024
`
`Plaintiffs and defendants to serve opposition to all motions in limine.
`
`12/17/2024
`
`Plaintiffs and all remaining defendants to send the Court a brief
`CONFIDENTIALstatement or memorandum nolater than five (3)
`dayspriorto the final settlementpretrial conference, which should
`include the following:
`
`3 of 4
`3 of 4
`
`

`

`FILED: ERIE COUNTY CLERK 02/06/2024 09:37 B
`FILED: ERIE COUNTY CLERK 02/06/2024 09:37 AM
`/05/2024 11:46 AM
`
`NYSCEF DOC. NO. 60
`
`INDEX NO. 814633/2023
`
`INDEX NO. 814633/2023
`
`
`RECELYNDENYUE:46380202624
`RECEIVED NYSCEF: 02/05/2024
`RECEIVED NYSCEF: 02/05/2024
`
`Counselfor plaintiffs are to provide the Court with an ex parte
`confidential Settlement Memorandum containing: 1) background
`of case andofplaintiff or plaintiff's decedent, 2) list of remaining
`defendants, 3) allegations of exposure, factual predicate for
`liability for each defendant, 4) the amount of each demand and 5)
`the law firm’s settlement history or range with cases involving a
`similar fact pattern.
`
`Counsel for each remaining defendant(s) is to provide the Court
`with an ex parte confidential Settlement Memorandum containing:
`1) the amountoffered for settlement, 2) factual predicate or
`defensesto be set forth preventing or limiting settlement, and 3)
`the law firm’ssettlement history or range with cases involving a
`similar fact pattern and defenses.
`
`These memorandaare for in-camera ex parte review by the Court
`only and should besent to the attention of Matthew S. Szalkowski, Esq.
`at mszalkow@nycourts.gov
`
`12/31/2024
`
`Plaintiff and defendants to serve counter submissions andto serveall replies to
`motions in limine.
`
`01/07/2025
`
`Final settlement conference. (time to be noticed by the court)
`
`01/16/2025
`
`Jury Selection and argumentof motions in limine.
`
`Exhibit A
`
`4 of 4
`4 of 4
`
`