FILED: ERIE COUNTY CLERK 05/07/2024 08:25 AM
`NYSCEF DOC. NO. 84
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 05/07/2024
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`TROY SHANE SMITH and ALLYSON JANE SMITH v. 84 LUMBER COMPANY; et al.
`Eighth Judicial District Asbestos Litigation -Erie County Index No. 814633/2023
`06/17/2024
`Pretrial Conferences Scheduled for:
`08/19/2024
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`11/14/2024
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`02/10/2025
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`03/17/2025
`Final Settlement conference
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`04/10/2025
`April 22, 2025
`Jury Selection Scheduled for:
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`DISCOVERY AND TRIAL SUBMISSION SCHEDULE
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`COMPLETE Plaintiffs to serve responses to defendants’ standard interrogatories and
`document requests and defendants’ standard Article 16 interrogatories and
`document requests; provide copies of all 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.
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`COMPLETE Plaintiff to provide names and addresses of all product identification 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 supplement this list at any time prior to the date on which Plaintiff is to
`respond to Defendants’ product identification letters.
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`Plaintiff to serve Proof of Claim information to the extent any Proofs of Claim
`have been filed (or to be provided within 30 days of submission to Trust.).
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` Plaintiff to serve non-repetitive, supplemental interrogatories. Defendants to
`serve responses to plaintiff’s non-repetitive, supplemental interrogatories
`within 60 days following service
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`05/27/2024 Defendants to serve non-repetitive, supplemental interrogatories upon
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`plaintiff; and to serve any objections to plaintiff’s interrogatory responses.
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`Plaintiff to serve responses to defendants’ non-repetitive, supplemental
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`interrogatories within 60 days following service.
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`05/27/2024
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`05/27/2024
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`06/03/2024 Date of commencement of depositions of product identification witnesses.
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`06/17/2024 Pretrial conference.
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`07/31/2024 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.
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`COMPLETE Plaintiff to provide all original medical materials to defendants. Plaintiff
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`undertakes the duty to locate and obtain possession of all original medical
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`1
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`FILED: ERIE COUNTY CLERK 05/07/2024 08:25 AM
`NYSCEF DOC. NO. 84
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 05/07/2024
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`materials and to provide them to the defendants.
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`Plaintiff to serve medical expert designations and information.
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`08/15/2024
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`08/19/2024 Pretrial conference.
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`09/10/2024 Last day for defendants to forward product and/or premises identification letters.
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`09/10/2024 Last day for defendants to file third party actions.
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`09/24/2024
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`Plaintiff to serve and file notes of issue and statements of readiness and to serve
`on each defendant a settlement demand.
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`Last day for plaintiff to respond to product and/or premises identification letters.
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`Plaintiff to serve non-medical expert designations and information.
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`01/07/2025
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`Plaintiff to serve trial witness and exhibit lists.
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`09/242024
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`10/28/2024
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`11/18/2024 Pretrial conference.
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`12/17/2024 Defendants to serve summary judgment motions.
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`Plaintiff to serve responses to summary judgment motions.
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`01/21/2025 Defendants to serve replies to plaintiff’s responses to summary judgment motions.
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`02/10/2025 Pretrial conference and argument of summary judgment motions.
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`02/13/2025
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`03/11/2025 Defendants to serve expert designations and information, trial witness and exhibit
`lists.
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`03/13/2025 Defense Liaison Counsel to coordinate with Defense Coordinating Counsel,
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`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 of trial.
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`03/17/2025 Pretrial conference.
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`03/18/2025
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`04/01/2025
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`04/01/2025
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`Plaintiffs and defendants to serve motions in limine.
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`Plaintiffs and defendants to serve opposition to all motions in limine.
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`Plaintiffs and all remaining defendants to send the Court a brief
`CONFIDENTIAL statement or memorandum no later than five (5)
`days prior to the final settlement pretrial conference, which should
`include the following:
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`2
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`FILED: ERIE COUNTY CLERK 05/07/2024 08:25 AM
`NYSCEF DOC. NO. 84
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 05/07/2024
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`Counsel for plaintiffs are to provide the Court with an ex parte
`confidential Settlement Memorandum containing: 1) background
`of case and of plaintiff 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.
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`Counsel for each remaining defendant(s) is to provide the Court
`with an ex parte confidential Settlement Memorandum containing:
`1) the amount offered for settlement, 2) factual predicate or
`defenses to be set forth preventing or limiting settlement, and 3)
`the law firm’s settlement history or range with cases involving a
`similar fact pattern and defenses.
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`These memoranda are for in-camera ex parte review by the Court
`only and should be sent to the attention of Matthew S. Szalkowski, Esq.
`at mszalkow@nycourts.gov
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`04/10/2025 Final settlement conference. (time to be noticed by the court)
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`04/15/2025
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`Plaintiff and defendants to serve counter submissions and to serve all replies to
`motions in limine.
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`04/22/2025 Jury Selection and argument of motions in limine.
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`Exhibit A
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`3
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