`NYSCEF DOC. NO. 18
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`INDEX NO. 528181/2023
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`RECEIVED NYSCEF: 04/02/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`360 Adams Street, Room 295
`Brooklyn, New York 11201
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`DIFFERENTIATED CASE MANAGEMENT PROGRAM
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`, Justice
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`Part CDCP _______
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`PRESENT:
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`Index Number.: _____________
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`_____________________________________________________
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`PLAINTIFF,
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`- against -
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`_____________________________________________________
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`DEFENDANT.
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`CASE SCHEDULING ORDER - CITY CASES
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`A request for a preliminary conference having been filed or the court having acted on its own initiative,
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`IT IS HEREBY ORDERED that this case is designated a Standard matter pursuant to Uniform Rule §202.19(b) and
`disclosure not already furnished shall proceed in accordance with the deadlines set forth below. However, a party
`claiming to be prejudiced by this Order may seek a modification of the Standard matter designation or the schedule
`by contacting, the City Discovery Part Clerk, by email at KSCCVCDCP@nycourts.gov, or phone (347) 401-9264
`within 20 DAYS FROM THE DATE OF THIS ORDER. The City Discovery Part Clerk will provide an opportunity
`to the parties to be heard on the request at a court conference and the court will take such action as is appropriate.
`Failure to contact the City Discovery Part Clerk in a timely manner shall constitute a waiver of any objection to the
`designation or schedule. The parties shall not contact the Justice assigned.
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`1. Notification: After this Case Scheduling Order has been signed, it will be posted to the New York State Courts
`Electronic Filing System (“NYSCEF”) if this is an e-filed case. All e-filing counsel are expected to monitor
`the NYSCEF docket and their e-mail addresses for access to this Order and other e-filings in the case. If this is
`a hard-copy case, a copy of this Order will be posted at Web Civil Supreme, which is accessible at no charge
`on the court’s website, https://iapps.courts.state.ny.us/webcivil/FCASMain. Counsel must consult Web Civil
`Supreme to obtain a copy of this Order; no copy will be mailed by the court. Attorneys may obtain, at no
`charge, e-mail notification of the issuance of this Order and all other court developments in this and other cases
`by listing them with e-Track, the court system's case tracking service, which is accessible at
`https://iapps.courts.state.ny.us/webcivil/etrackLogin or by means of the e-Track link at www.nycourts.gov. In
`addition, counsel for plaintiff shall, within ten days after the posting of this Order to Web Civil Supreme in a
`hard-copy case, serve copies on all counsel and all self-represented parties and shall file with the County Clerk
`an affidavit of service. In an e-filed case in which at least one party is exempt from e-filing, counsel for the
`first-named participating plaintiff or, if there is none, the first named participating defendant shall, within ten
`days after the e-filing of this Order, serve a hard copy on all exempt counsel and self-represented parties and
`shall e-file proof of such service.
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`FILED: KINGS COUNTY CLERK 04/02/2024 03:12 PM
`NYSCEF DOC. NO. 18
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`INDEX NO. 528181/2023
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`RECEIVED NYSCEF: 04/02/2024
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`2. Insurance Coverage: The defendant City of New York and any other defendant represented by Corporation
`Counsel are uninsured. All defendants (if applicable), excluding the City shall furnish to all parties evidence
`of primary and excess coverage and Certificate of Insurance within 30 days from the date of this Order.
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`3. Bill of Particulars: If not previously served, plaintiff is to serve all parties with a bill of particulars within 30
`days of this Order. Any party seeking additional particulars (including as to affirmative defenses, if any) shall
`serve a demand for a bill within 21 days from the date of this Order. The party receiving the demand shall serve
`a verified bill of particulars within 60 days from the date of this Order.
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`4. Medical Records and Authorizations:
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`(a) Plaintiff(s) shall provide authorizations to obtain copies of the actual records of all treating and examining
`health care providers, including diagnostic tests, x-rays, MRIs, EMGs, CT Scans, for injuries specified in the
`bill of particulars, within 30 days from the date of this Order.
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`(b) Plaintiff(s) shall provide an authorization for collateral source information, if any, within 30 days from the
`date of this Order.
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`(c) If plaintiff is claiming a loss of income or wages, within 30 days from the date of this Order, plaintiff shall
`provide authorizations for W-2 forms or employment records for the year of, year before and year after the date
`of the alleged accident, as well as for the period of time lost from work as a result of the alleged accident, or
`IRS records if provided by law.
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`(d) If plaintiff was a student at the time of the alleged accident, within 30 days from the date of this Order,
`plaintiff shall provide an authorization for school attendance records for the period of time lost from school as
`a result of the alleged accident.
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`(e) For cases alleging police misconduct including false arrest, malicious prosecution or excessive force, IT IS
`HEREBY ORDERED by this court that all records maintained by law enforcement agencies, criminal courts,
`and/or district attorney’s offices in relation to the underlying incident are hereby unsealed, and all governmental
`agencies, bodies and employees having custody of any records are permitted to release such records to the
`Office of the Comptroller or the Office of the Corporation Counsel of the City of New York, or its authorized
`agent or employee. This Order specifically authorizes the New York City Police Department; the relevant
`District Attorney’s Office; the relevant New York State Supreme Court, Criminal Term; and the relevant New
`York City Criminal Court to disclose any and all records in their possession relating to the underlying arrest
`and/or prosecution to the Office of the Corporation Counsel of the City of New York, or its authorized agent or
`employee. Corporation Counsel of the City of New York shall provide copies of such records to the plaintiff
`within 30 days of receipt.
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`5. Depositions:
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`(a) The depositions of all parties shall take place on _________________. Plaintiff is to contact the Office of
`the Corporation Counsel for the location of the depositions, which are to be conducted remotely during the
`pendency of the pandemic, or in-person at the Office of Corporation Counsel, 350 Jay Street, Brooklyn, New
`York 11201 once such office has been reopened for this purpose. Absent prior court approval, any EBT which
`is not held as scheduled in this Order must be promptly rescheduled for a date which is not later than 60 days
`after the original date.
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`(b) Defendant(s)' right to a further deposition of plaintiff(s) is reserved as to any new injuries or damages
`claimed in any supplemental bill of particulars served by plaintiff(s) following the plaintiff 's deposition.
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`(c) Defendant(s) waive(s) the right to a General Municipal Law §50-h hearing. _____ yes _____ no
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`2 of 7
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`FILED: KINGS COUNTY CLERK 04/02/2024 03:12 PM
`NYSCEF DOC. NO. 18
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`INDEX NO. 528181/2023
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`RECEIVED NYSCEF: 04/02/2024
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`6. Physical Examination:
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`(a) A physical examination of the plaintiff(s) shall be noticed within 60 days after the completion of the
`examination before trial of the plaintiff(s) and conducted within 60 days of such notice.
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`(b) A copy of the physician's report shall be furnished to plaintiff(s) within 45 days after the examination.
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`(c) Defendant(s)' right to a further physical examination is reserved as to any new injuries claimed in any
`supplemental bill of particulars served by plaintiff(s).
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`7. Other Disclosure:
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`(a) All parties shall provide the names and addresses of any witnesses to the occurrence and notice witnesses;
`accident reports; party statements; photographs; and video footage taken in the ordinary course of business
`and/or to be presented at trial, within 90 days from the date of this Order.
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`(b) All parties shall supply expert witness disclosure pursuant to the CPLR.
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`(c) All defendants other than those listed in Item 7(d) shall, within 90 days from the date of this Order, provide
`to all parties copies of maintenance and repair records for 2 years prior to and including the date of the
`occurrence.
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`(d) The City of New York and/or other defendants represented by Corporation Counsel, if any, shall provide
`the following Additional Disclosure to all parties within 90 days from the date of this Order, subject to the date
`and location specified in the notice of claim:
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`Slip and Fall Cases (Department of Sanitation):
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`i. District Operation Log (carting book) for period of two weeks prior to and including the date of
`occurrence;
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`ii. District Snow Operation Book for the above period of time;
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`iii. Snow Removal Operation Report (SR-2) and spreading or plowing operation card for the above period
`of time, if the occurrence took place in the roadway.
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`Trip and Fall Cases (Department of Transportation):
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`i. Applications for permits and permits for 2 years prior to, and including, the date of occurrence;
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`ii. Cut forms, repair orders and repair records for 2 years prior to, and including, the date of occurrence;
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`iii. Violations issued for 2 years prior to, and including, the date of occurrence;
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`iv. A copy of the title and signature pages, and insurance declaration sheets and/or certificates, for all
`contracts in effect for two years prior to, and including, the date of occurrence;
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`v. Contracts and all related contract documents (i.e. progress reports) for two years prior to, and including,
`the date of occurrence will be made available for inspection and copying at either the Office of the
`Corporation Counsel designated by said Counsel, or the appropriate City agency, upon a mutually
`convenient appointment, but in no event more than 90 days hereafter or after a subsequent request for same
`by plaintiff;
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`vi. Complaints made for 2 years prior to, and including, the date of occurrence;
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`FILED: KINGS COUNTY CLERK 04/02/2024 03:12 PM
`NYSCEF DOC. NO. 18
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`INDEX NO. 528181/2023
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`RECEIVED NYSCEF: 04/02/2024
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`vii. A copy of the most recent Big Apple Pothole and Sidewalk Protection Corporation map filed for the
`area in issue and, if the incident at issue occurred six months or less after the filing of the most recent such
`map, then the City shall also produce the last such map filed before the most recent such map for that
`location.
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`ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED:
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`Trip and Fall Cases (Tree Well) (Department of Parks):
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`i. Applications for permits and permits for 2 years prior to, and including, the date of occurrence;
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`ii. Repair orders and repair records for 2 years prior to, and including, the date of occurrence;
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`iii. Violations issued for 2 years prior to, and including, the date of occurrence;
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`iv. Complaints made for 2 years prior to, and including, the date of occurrence.
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`Cases involving allegations of defective traffic signals (DOT):
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`i. Maintenance and repair records for 30 days prior to, and including, date of occurrence;
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`ii. Complaints made for 30 days prior to, and including, date of occurrence;
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`iii. The name and addresses of the contractor responsible for maintenance of the traffic signals on date of the
`occurrence;
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`iv. A copy of title and signature pages, and insurance declaration sheets and/or certificates, for all contracts
`in effect for two years prior to, and including, the date of the occurrence;
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`v. Contracts and all related contract documents (i.e., progress reports) for two years prior to, and including,
`the date of the occurrence will be made available for inspection and copying at either the Office of the
`Corporation Counsel designated by said Counsel, or the appropriate City agency, upon a mutually convenient
`appointment, but in no event more than 90 days hereafter or after a subsequent request for same by plaintiff.
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`Cases involving allegations of police misconduct:
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`The City will provide the following within 90 days from the date of this order or within 60 days of receipt of
`the records as outlined in Section 4(e):
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`i. Complaint Report;
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`ii. Complaint Follow Up Report(s);
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`iii. Arrest Report;
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`iv. Memo Book entries for incident in question;
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`v. On-line Booking Sheet;
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`vi. Copies of the applicable Patrol Guide shall be made available by the City for inspection and copying
`within 90 days from the date of this Order;
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`vii. Copies of all 911 tapes, if still in existence, and all sprint printouts for any 911 calls and radio
`transmissions related to the events of the action.
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`4 of 7
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`FILED: KINGS COUNTY CLERK 04/02/2024 03:12 PM
`NYSCEF DOC. NO. 18
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`INDEX NO. 528181/2023
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`RECEIVED NYSCEF: 04/02/2024
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`Inmate assault cases (Department of Correction):
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`i. Department of Correction incident report, subject to redaction of privileged information, including any
`information regarding criminal acts of other inmates and/or personal information regarding DOC employees;
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`ii. Injury to inmate report (within 90 days after receipt of an authorization from plaintiff);
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`ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED:
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`iii. In camera review of redactions to be made upon request of plaintiff's attorney.
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`Premises Liability Cases:
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`i. Departmental accident/incident report from respective City agency;
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`ii. For non-transitory conditions (including recurrent condition), maintenance and repair records and written
`complaints regarding the condition complained of for 18 months prior to and including the date of occurrence;
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`iii. For transitory conditions, maintenance records and written complaints regarding the condition complained
`of for one month prior to and including the date of the occurrence;
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`iv. If applicable, lease and/or sublease for the City-owned building.
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`Department of Education Cases:
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`i. Department of Education Comprehensive Accident Report for the occurrence, subject to redaction of
`privileged information pursuant to the Family Education and Privacy Act, 20 U.S. Code Ch. 31. Extent and
`nature of the redaction, if questioned, are subject to motion under the statute;
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`ii. Witness statements, subject to redaction of privileged information pursuant to the Family Education and
`Privacy Act. Extent and nature of the redaction, if questioned, are subject to motion under the statute;
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`iii. For non-transitory conditions (including recurrent conditions), maintenance and repair records, written
`complaints and, to the extent applicable, related contracts for the situs of plaintiff's accident, regarding the
`condition complained of for 18 months prior to, and including, the date of occurrence.
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`iv. For transitory conditions, maintenance records and written complaints regarding the condition complained
`of for two months prior to, and including, the date of the occurrence.
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`v. Defendants shall furnish to the court the records for all students alleged to be involved in an
`incident/accident for an in camera inspection within 60 days from the date of this Order.
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`Motor vehicle accidents involving City-owned vehicles:
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`i. Departmental Accident Report from respective City agency;
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`ii. Maintenance and repair records for the department vehicle involved for one year prior to, and including,
`the date of the occurrence, if a vehicular defect is alleged in either the departmental accident report or the
`MV-104;
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`iii. Photos of damage to City vehicle;
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`iv. Record regarding post-accident repairs shall be supplied by the City unless determined by the court not to
`be relevant an issue in the case.
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`FILED: KINGS COUNTY CLERK 04/02/2024 03:12 PM
`NYSCEF DOC. NO. 18
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`INDEX NO. 528181/2023
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`RECEIVED NYSCEF: 04/02/2024
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`Department of Environmental Protection Cases:
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`i. Accident/Incident report for the occurrence, including any photos;
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`ii. Applications for permits and permits for two (2) years prior to, and including, the date of occurrence;
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`iii. Repair orders for two (2) years prior to, and including, the date of occurrence;
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`iv. Complaints made for two (2) years prior to, and including, the date of occurrence.
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`7. Other Disclosure (CONTINUED):
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`(e) Surveillance videos to be provided in accordance with CPLR §3101(i).
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`(f) Any party who wishes to obtain prior notices of claim, pursuant to GML §50-g, may do so by contacting the
`Division Chief of Claims Support at (212) 669-4118 to set up an appointment to search the index maintained at
`1 Centre Street, New York, New York.
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`(g) The New York City Police Department no longer maintains MV-104s beyond 30 days for accidents
`occurring after April 15, 1995.
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`(h) All searches shall be conducted based upon the date and location as described in the notice of claim.
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`8. Third-Party Actions/Impleader: Shall be completed within 60 days of the last Examination Before Trial.
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`9. Compliance Conference: Shall be held remotely on:
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` (Insert date and time) _______________________________________.
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`10. Note of Issue Date: Shall be filed upon the completion of all discovery.
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`11. Plaintiff shall, within 15 days after the note of issue is filed and request from defense counsel is received,
`provide HIPAA-compliant authorizations to defense counsel for medical records, to be attached to subpoenas
`directing that those records be sent to the courthouse. If there is any dispute, it shall be promptly brought to the
`attention of the Case Management Office for resolution.
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`12. Summary Judgment Motions: Shall be filed no later than 90 days after filing of the Note of Issue unless
`otherwise directed by the court.
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`13. Summary Jury Trials: Parties are encouraged to consider a Summary Jury Trial. Summary Jury Trial
`Procedures can be found at http://ww2.nycourts.gov/courts/2jd/kings/civil/SummaryJuryTrialRules.shtml.
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`14. ADR: Parties are encouraged to utilize one of the various Alternative Dispute Resolution options available to
`resolve the matter as early, equitably and efficiently as possible. Information regarding ADR can be found at
`https://www.nycourts.gov/LegacyPDFS/courts/2jd/kings/civil/PRESUMPTIVE-ADR-PLAN.pdf
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`contacting Kelechi Acholonu, ADR Coordinator, at kacholon@nycourts.gov.
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`FILED: KINGS COUNTY CLERK 04/02/2024 03:12 PM
`NYSCEF DOC. NO. 18
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`INDEX NO. 528181/2023
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`RECEIVED NYSCEF: 04/02/2024
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`This Case Scheduling Order supersedes any and all prior combined demands, notices of discovery and inspection,
`and discovery orders and is the singular governing discovery order to date.
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`If disputes arise about compliance with this Order, the parties shall promptly confer in an effort to resolve them. If
`that effort fails, the parties or any party aggrieved shall, in advance of deadlines and prior to initiating motion
`practice, bring the dispute to the attention of the City Discovery Part Clerk who will schedule a conference shortly
`thereafter to resolve the dispute. The parties may adjourn the deadlines set forth in Items 5 through 8 above provided
`that all disclosure called for by this Order shall be furnished prior to the compliance conference set forth in Item 9.
`The date of the compliance conference will normally not be adjourned and any adjournment requires advance
`permission of the court. Absent good cause, failure to comply with this Order may result in the imposition of
`penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of
`discovery, preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees.
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`This constitutes the Order of the court.
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`Dated:____________________
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`_____________________________________________
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`__________________________, J.S.C.
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