FILED: BRONX COUNTY CLERK 02/28/2019 03:59 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 29993/2017E
`
`RECEIVED NYSCEF: 02/28/2019
`
`Bronx County Supreme Court
`COMPLIANCE CONFERENCE ORDER
`Part IA-g
`
`Present:
`
`a-Te
`
`/ /C
`
`L,
`
`- against -
`
`(Y1 (*C
`
`Plaintiff(s),
`
`Defencrant(s).
`
`X
`
`Index No. Z? 1i (cid:9)
`
`
`
`Date RJI filed:
`
`, and following a
`UPON the Preliminary Conference Order dated (cid:9)
`, and it appearing that disclosure was
`Compliance Conference held on (cid:9)
`previously ordered herein and has not been completed, or that additional disclosure is warranted, it is
`hereb
`
`ORDERED that disclosure shall proceed and be completed in accordance herewith; and it is further
`
`ORDERED that proceedings directed herein shall be completed on or before the dates set forth. No
`adjournments, postponements or alterations of this order are permitted without the court's written approval,
`and none may be had upon the stipulation of the parties alone; and it is further
`
`ORDERED that disclosure demands now known to be necessary which are not raised at this
`conference are deemed to be waived, unless otherwise ordered by the Court; and it is further
`
`ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR
`§§ 3211. 3212 and 3213 are vacated; and it is further
`
`ORDERED that any parties failing to appear at this conference shall be bound by the terms of this
`order: an:I it is further
`
`Revised 12/04/03
`
`1 of 4
`
`
`NYSCEF DOC. NO. 8
`
`INDEX NO. 29993/2017E
`
`RECEIVED NYSCEF: 02/28/2019
`
`Bronx County Supreme Court
`COMPLIANCE CONFERENCE ORDER
`Part IA-g
`
`Present:
`
`a-Te
`
`/ /C
`
`L,
`
`- against -
`
`(Y1 (*C
`
`Plaintiff(s),
`
`Defencrant(s).
`
`X
`
`Index No. Z? 1i (cid:9)
`
`
`
`Date RJI filed:
`
`, and following a
`UPON the Preliminary Conference Order dated (cid:9)
`, and it appearing that disclosure was
`Compliance Conference held on (cid:9)
`previously ordered herein and has not been completed, or that additional disclosure is warranted, it is
`hereb
`
`ORDERED that disclosure shall proceed and be completed in accordance herewith; and it is further
`
`ORDERED that proceedings directed herein shall be completed on or before the dates set forth. No
`adjournments, postponements or alterations of this order are permitted without the court's written approval,
`and none may be had upon the stipulation of the parties alone; and it is further
`
`ORDERED that disclosure demands now known to be necessary which are not raised at this
`conference are deemed to be waived, unless otherwise ordered by the Court; and it is further
`
`ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR
`§§ 3211. 3212 and 3213 are vacated; and it is further
`
`ORDERED that any parties failing to appear at this conference shall be bound by the terms of this
`order: an:I it is further
`
`Revised 12/04/03
`
`1 of 4
`
`
`
`FILED: BRONX COUNTY CLERK 02/28/2019 03:59 PM
`e
`NYSCEF DOC. NO. 8
`
`INDEX NO. 29993/2017E
`
`RECEIVED NYSCEF: 02/28/2019
`
`COMPLIANCE CONFERENCE ORDER (cid:9)
`
`Page 2 of 3
`
`ORDERED that the outstanding discovery shall be provided as follows:
`
`INSURANCE COVERAGE: (cid:9)
`
`To be provided by (cid:9)
`
`BILL OF PARTICULARS: A. Response to be provided by (cid:9)
`B. Supplemental Bill of Particulars as to items:
`Dated:
`
`I. (cid:9)
`
`2. (cid:9)
`
`To be served by (cid:9)
`D & I by (cid:9)
`Responses to (cid:9)
`be served by (cid:9)
`
`to be served by (cid:9)
`'s D & I dated (cid:9)
`
`
`3. (cid:9)
`
`AUTHORIZATIONS: (cid:9)
`
`A. For Medical Records (specifically for (cid:9)
`
`to be served by (cid:9)
`Authorizations for Plaintiff's:
`Employment Records;
`W-2 Records for Period (cid:9)
`Other (Specify) (cid:9)
`To be served by: (cid:9)
`For (cid:9)
`to be served by (cid:9)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to
`
`
`
`
`
`
`
`4. EXAMINATION
`BEFORE TRIAL:
`
`NOTE: (cid:9)
`NO POSTPONEMENTS (cid:9)
`ARE PERMITTED (cid:9)
`WITHOUT COURT (cid:9)
`APPROVAL.
`
`g(( tVaiar,
`
`e/f-e4dz
`
`All Parties
`
`A. To Be Held On (cid:9)
`.m.
`at (cid:9)
`At (cid:9)
`or unless otherwise
`agreed, the Bronx Supreme Court Building, Room 118.
`Any EBT's not completed on said date will be continued
`on
`B. Limitations:
`
`C. Post EBT demands to be served
`and must be responded to
`
`(cid:9) v`y..
`
`
`
`
`
`FAILURE TO COMPLY WITH THIS SCHEDULE WILL RESULT IN THE
`PRECLUSION OF THE OFFENDING PARTY OR 'WAIVER OF EBT BY NON-
`APPEARING PARTY, UNLESS OTHERWISE ORDERED BY THE COURT.
`
`Revised 12/04/03
`
`2 of 4
`
`(cid:9)
`(cid:9)
`(cid:9)
`
`
`FILED: BRONX COUNTY CLERK 02/28/2019 03:59 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 29993/2017E
`
`RECEIVED NYSCEF: 02/28/2019
`
`5. (cid:9)
`
`PHYSICAL (cid:9)
`EXAMINATION:
`
`COMPLIANCE CONFERENCE ORDER (cid:9)
`
`Page 3 of 3
`
`NrA. Defendant to designate physician(s) in
`6 -2
`\whinge( (--')-7 (cid:9)
`'B. Examin tion to be held py .,,.J- (cid:9)
`C. Copy of- physician's report to (cid:9)
`examination.
`
`0 --/ ,4 c-A-
`furnished within 30 days of
`
`FAILURE TO TIMELY DESIGNATE WILL RESULT IN A
`WAIVER OF SUCH EXAMINATION, UNLESS OTHERWISE
`ORDERED BY THE COURT.
`FAILURE TO COMPLY WILL RESULT IN PLAINTIFF'S
`PRECLUSION FROM OFFERING ANY EVIDENCE AT
`TRIAL REGARDING THEIR PHYSICAL CONDITION,
`UNLESS OTHERWISE ORDERED BY THE COURT.
`
`6. (cid:9)
`
`OTHER (cid:9)
`DISCLOSURE: (cid:9)
`
`and it is further
`
`A. None.
`B. All parties to exchange names and addresses of all witnesses.
`opposing parties statements and photographs. If none. an affirmation
`to that effect shall be exchanged by (cid:9)
`
`c& fl (cid:9)
`C. Other: A- / (cid:9)
`vt, (cid:9)
`To be served c-JV 7
`
`a-rt es
`
`T
`
`(cid:9);
`
`ORDERED that plaintiff (cid:9)
`shall serve and file a Note of
`. The failure to file
`Issue and Certificate of Readiness on or before (cid:9)
`a Note of Issue as required by this order may subject the plaintiff to fines. Plaintiff may not file a
`Note of Issue unless all discovery due by plaintiff has been completed pursuant to this order. A
`party that files a Note of Issue where that party has not complied with this order may be subject to
`costs andior sanctions; and it is further
`
`ORDERED that failure to comply with the directives and schedule detailed herein will
`result in either a waiver of the item requested or the preclusion of items or testimony of the
`offending party's evidence at the time of trial. and/or the imposition of
`(cid:9) and sanctions, unless
`otherwise ordered by the Court.
`
`DATED:
`
`ENTER:
`
`HON. JOHN R. HIGd#A.C.
`
`Revised 4/15/08
`
`3 of 4
`
`(cid:9)
`(cid:9)
`
`
`FILED: BRONX COUNTY CLERK 02/28/2019 03:59 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 29993/2017E
`
`RECEIVED NYSCEF: 02/28/2019
`
`a
`
`Compliance Conference Worksheet -2 PM
`
`0029993/2017
`
`BERNIER, JEMILAH A (cid:9)
`
`vs. MORGAN, CLIFFORD
`
`Date: 2/8/2019
`cc 14
`
`c,6/1,2b
`
`IAS Justice:
`
`JOHN R. HIGGITT
`
`Appearances:
`Attorney Appearing at Conference
`(Print Name and Direct Phone ti)
`
`Plaintiff:
`Defendant:
`BAKER,MCEVOY,MORRISSEY,MOSKOVI
`Defendant:
`Defendant:
`
`Attorney/Firm of Record
`
`HARMON,LINDER & ROGOWSKY, ESC
`
`Insurance:
`Carrier:
`
`Policy Limits:
`
`Name of Adjuster: (cid:9)
`
` Excess:
`
` Yes No If yes, specify:
`Existing Orders: (cid:9)
`(For Disclosure, Other than PC Order, or Joint Trial/Consolidation)
`
`Pending Motions: (cid:9)
`
` Yes No If yes, specify nature and date submitted:
`
`Liability Summary:
`
`Damages Summary:
`
`Demand:
`Offer:
`Identify Following Action Types Product Liability (cid:9)
`
`Labor Law (cid:9)
`
`Lead Paint (cid:9)
`
`Other Malpractice _
`
`For Court Use Only
`
`Complexity: Standard
`
`(cid:9)Case Type: E-FILED MOTOR VEHICLE
`
`Disc Due Date: 7/31/2019 NO! Due Date: (cid:9)
`
`NO! Filed on: (cid:9)
`
`PC Held on: 11/16/2018
`
`Other Comments:
`
`4 of 4
`
`
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