FILED: ERIE COUNTY CLERK 05/08/2024 10:34 B
`FILED: ERIE COUNTY CLERK 05/08/2024 10:34 AM
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`NYSCEF DOC. NO. 86
`NYSCEF DOC. NO. 86
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`INDEX NO. 814633/2023
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 05/08/2024
`RECEIVED NYSCEF: 05/08/2024
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`STATE OF NEW YORK
`SUPREME COURT: EIGHTH JUDICIAL DISTRICT
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`In Re:
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`EIGHTH JUDICIAL
`Eighth Judicial District
`DISTRICT ASBESTOS
`Asbestos Litigation
`LITIGATION
`
`This Document Appliesto:
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`STATE OF NEW YORK
`SUPREME COURT: COUNTY OF ERIE
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`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
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`FIRST AMENDED DISCOVERY
`AND TRIAL ORDER
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`Plaintiffs,
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`Erie County
`Index No. 814633/2023
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`Vv.
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`84 LUMBER COMPANY; et al,
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`Defendants.
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`Uponthe Court Conference held herein on April 15, 2024 and upon agreementof counsel
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`for plaintiff and defendants,it is hereby
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`Orderedthat jury selection is scheduled for April 22, 2025 and the discovery andtrial
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`submission schedule annexed hereto as Exhibit “A”, is adopted. Deted: /9/24
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`ENTER:
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`814633/2023
`INDEX NO.
`PILED : ERIE COUNTY CLERK 05/08/2024 10:34
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`INDEX NO. 814633/2023
`FILED: ERIE COUNTY CLERK 05/08/2024 10:34 AM
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`RECEIVENDBWY SEF 814528872324
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`NYSCEF DOC. NO. 86
`NYSCEF DOC. NO.
`84
`RECEIVED NYSCEF: 05/07/2024
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`TROY SHANE SMITHand ALLYSON JANE SMITHv. 84 LUMBER COMPANY;etai.
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`Eighth Judicial District Asbestos Litigation -Erie County Index No. 814633/2023
`Pretrial Conferences Scheduled for:
`06/17/2024
`08/19/2024
`11/14/2024
`02/10/2025
`03/17/2025
`04/10/2025
`April 22, 2025
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`Final Settlement conference
`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 addressesofall product identification witnesses
`knownto 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 supplementthis list at any time prior to the date on which Plaintiff is to
`respond to Defendants’ productidentification letters.
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`05/27/2024
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`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.
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`05/27/2024
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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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`05/27/2024
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`Plaintiff to serve non-repetitive, supplemental interrogatories. Defendants to
`serve responsesto plaintiff's non-repetitive, supplemental interrogatories
`within 60 days following service
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`06/03/2024
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`Date of commencementof depositions of product identification witnesses.
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`06/17/2024
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`~=Pretrial conference.
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`07/31/2024
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`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
`undertakes the duty to locate and obtain possession ofall original medical
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`FILED: ERIE COUNTY CLERK 05/08/2024 10:34
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`NYSCEF DOC. NO. 86
`NYSCEF DOC. NO.
`84
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`INDEX NO. 814633/2023
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`INDEX NO. 814633/2023
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`RECELUNDENYMCEre] GEAELZ02 4
`RECEIVED NYSCEF: 05/08/2024
`RECEIVED NYSCEF: 05/07/2024
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`materials and to provide them to the defendants.
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`08/15/2024
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`Plaintiff to serve medical expert designations and information.
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`08/19/2024
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`Pretrial conference.
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`09/10/2024
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`Last day for defendants to forward product and/or premises identification letters.
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`09/10/2024
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`Last day for defendantsto 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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`09/242024
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`Last day for plaintiff to respond to product and/or premises identification letters.
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`10/28/2024
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`Plaintiff to serve non-medical expert designations and information.
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`11/18/2024
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`Pretrial conference.
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`12/17/2024
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`Defendants to serve summary judgment motions.
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`01/07/2025
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`Plaintiff to serve responses to summary judgment motions.
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`01/21/2025
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`Defendants to serve replies to plaintiff's responses to summary judgment motions.
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`02/10/2025
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`Pretrial conference and argument of summary judgment motions.
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`02/13/2025
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`Plaintiff to serve trial witness and exhibitlists.
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`03/11/2025
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`Defendants to serve expert designations and information, trial witness and exhibit
`lists.
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`03/13/2025
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`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.
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`03/17/2025
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`Pretrial conference.
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`03/18/2025
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`Plaintiffs and defendants to serve motionsin limine.
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`04/01/2025
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`Plaintiffs and defendants to serve opposition to all motions fn /imtine.
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`04/01/2025
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`Plaintiffs and all remaining defendants to send the Court a brief
`CONFIDENTIALstatement or memorandum nolater than five (5)
`days prior to the final settlement pretrial conference, which should
`include the following:
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`FILED: ERIE COUNTY CLERK 05/08/2024 10:34 2
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`FILED: ERIE COUNTY CLERK 05/08/2024 10:34 AM
`ry) NY¥SGta
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`Py
`re
`(07/2024 08:25 AM
`NYSCEF DOC. NO. 86
`NYSCEF DOC. NO. 84
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`INDEX NO. 814633/2023
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`INDEX NO. 814633/2023
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`RECEIVNDENYNCEFS1 D57D80200 4
`RECEIVED NYSCEF: 05/08/2024
`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 ofplaintiff or plaintiffs 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 besent to the attention of Matthew 8. Szalkowski, Esq.
`at mszalkow@nycourts.gov
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`04/10/2025
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`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 andto serve all replies to
`motions ta limine.
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`04/22/2025
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`Jury Selection and argumentof motions in limine.
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`Exhibit A
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