INDEX NO. 703171/2017
`FILED: QUEENS COUNTY CLERK 08/28/2018 02:32 PM
`INDEX N03 7031717201
`'FILED: UEENS COUNTY CLERK 08 28 2018 02: 32 P
`’
`'
`
`
`
`
`
`
`
`
`NYsan DOC. NO. 26
`.C.IV D VYSCLF. 08/28/2018
`NYSCEF DOC. NO. 26
`RECEIVED NYSCEF: 08/28/2018
`
`‘5’
`‘
`
`' 9
`‘ CALENDAR #: “H
`
`._
`
`REVIEWED BY:
`
`lg: Z
`
`(M
`M
`[j i IE
`
`PC:
`
`CC:
`
`N1:
`
`(N1 TO BE N
`
`BY COURT)
`
`Supreme Court of the State of New York
`Queens County: Compliance Settlement and Conference Part
`Present: Hon. Joseph J. Esposito, Justice
`
`m 70 2171 2.9
`
`LfiCHDWlCZJK’AVWAé’WDrCJEm IndexNumber; / 1;
`
`
`
`
`AUG 2 8 2018
`
`- against -
`
`Date RJI filed:
`
`Plaintiff(s)
`
`M5400 W (20th QVD'DMJAA MM, [3 Oil-K!)
`0 l: Milt/#52104,
`.9154
`Defendant(s)
`
`FILED ,
`
`Appearances:
`
`Plaintiff(s)
`
`Com liance Conference 0r
`r
`( 59g flMfr?—
`:i; E a
`
`l
`
`im‘VlC‘Q/O‘ fry/l0
`
`-—
`
`J
`
`COUNTY CLERK
`QUEENS COUNTY
`
`Defendant(s)
`
`Hflqgm ,élflgfi £2115ng k)? K mtg M g;
`
`1 E
`
`2 :ij p l
`
`, and following
`Upon the Preliminary Conference Order dated
`'
`'
`3 Compliance Conference held on g [33 Z 1 Z
`, and it appearing that
`.
`disclosure previously ordered herein has not been completed, or that additional disclosure is
`warranted, it is hereby
`ORDERED that all pending discovegy-reloted motions shall be brought to
`the attention of this Court
`ORDERED that any items of discovery left outstanding from those directed by
`prior orders must be specificalty identified or aredeemed waived, and it is further
`ORDERED that disclosure shall proceed and be completed in accordance herewith,
`and it is further
`
`ORDERED that all proceedings directed herein shall be completed on or before the
`dates set forth. No aafliournments of the dates set forth herein are to be had without the
`Court '3 written approval, and it is further
`ORDERED that any failure to comply strictly with the terms of this order shall be
`grounds for the striking of pleadings or other relief pursuant to CPLR 3126.
`
`l
`
`lof3
`1 of 3
`
`

`

`
`
`FILED: QUEENS COUNTY CLERK 08/28/2018 02:32 PM
`‘FILED: UEENS COUNTY" CLERK 08 28 2018 02:32 P
`
`NYSCEF DOC. NO. 26
`NYSCEF DOC. NO. 26
`
`INDEX NO. 703171/2017
`
`INDEX NO- 703121 2" 2,
`"
`
`
`
`
`
`R«.C«.IV«.D NYSCEF: 08/28/2018
`RECEIVED NYSCEF: 08/28/2018
`
`DOCUMENTS, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION, it is
`
`ORDERED that no later than 20 days from the date hereof, the following documents,
`authorizations and other items for discovery and inspection shall be produced:
`by the Plaintiff(s): All medical reports and authorizations as directed by222-NYCRR §
`202.17 (b) and. where the cause of death15 in issue as directed by 22 NYCRR § 202.17 (d)._
`
`
`
`Defendant(s) and Third-Party Defendant(s): 13-1 9/13/1?
`1) an
`81 h
`(m
`{a a 11’
`
`Li
`
`DEPOSITIONS:
`
`ORDERED that all parties not yet deposed shall appear for deposition(s) on:
`date tflfiibfl[K
`atttime (a: no fiat/l-
`o’clock atsplaiéwwnl
`(The date set for depositions MUST be no more than 30 days from the date hereof. Insert any further
`provisions regarding depositions) A: WHELQA: @l’l‘
`(.113: Meg Lg
`laid «I:
`ii
`and it is further
`ORDERED that depositions shall continue from day to day until completed.__
`
`PHYSICAL EXAMINATIONS:
`ORDERED that all defendants and other parties desiring to take the physical
`examination of any plaintiff shall designate,
`in writing,
`the physician(s) to take uch
`examination within 15 days of the completion of the plaintiff's deposition, or within 26 523s
`of the date hereof1n the event plaintiff‘slg
`osition has already occurred. All physical
`examinations shall be completed within 3:6 da ’5 ofthe designation ofexammmc physician(s).
`Pursuant to 22 NYCRR § 202 170[c]_. cepies ofthe reports ofthe examining physician(s) shall
`be served on all parties within 45 days after the completion of the examination, and it is
`further
`
`ORDERED: (Insert any further provisions regarding physical examinations)
`
`MISCELLANEOUS:
`
`ORDERED that unless otherwise noted by the court herein, this Order is deemed to have
`resolved any pending discovery motion{s);
`and it is
`
`ORDERED that any further third-party actions shall be commenced promptly upon discovery
`of the identity of the third-party defendant(s), but not more than 30 days after the completion of
`depositions, unless for good cause shown, and it is further
`
`2
`
`20f3
`2 of 3
`
`

`

`FILED: QUEENS COUNTY CLERK 08/28/2018 02:32 PM
`FILED: UEENS COUNTY CLERK 08m2018 02:32 P
`
`NYSCEF DOC. NO. 26
`NYSCEF DOC. NO. 26
`
`"
`
`INDEX NO. 703171/2017
`
`INDEX 0
`
`
`
`
`
`R*.C*.IV*.
`\IYSCEF:
`08/28/2018
`RECEIVED NYSCEF: 08/28/2018
`
`depositions, unless for good cause shown, and it is further
`ORDERED that parties aggrieved by failures to disclose must move promptly for relief or
`be deemed to have waived the outstanding discovery, 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 all parties are stayed from moving for summary
`judgment pending the filing of a note of issue as directed herein, and it is
`ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall
`within 30 days provide defendant with copies ofall correspondence to Medicare, as evidence
`of plaintiff‘s efforts to determine the outstanding claim against said plaintiff/beneficiary
`should one exist, e. g. final demand or conditional summary from CMS; and it is further
`ORDERED that any parties failing to appear at this Compliance Conference shall be
`bound by the terms of this order, and it is further
`ORDERED that plaintiff(s) shall provide fresh HIPAA-compliant authorizations for release
`of medical records, not later than 60 days prior to trial, and is further
`
`
`
`OfigRED as follows.
`WmMMMMMQMM Mylar
`WWW—Lawmafl
`
`Any items left outstanding from those directed by prior orders must be specifically
`identified herein or are deemed waived)
`
`
`e and file a Note oflssue and Certificate
`ORDERED that plaintiff/
`, and shall furnish to the Compliance
`of Readiness on or before (Court use only)
`‘—
`
`Settlement and Conference Part within ten
`0)
`ys thereafter a copy of the filed Note of Issue
`and Certificate of Readiness, together with an affidavit of service, and that the failure to do so
`shall be grounds for the imposition of sanctions.
`
`hal se
`
`Dated: 3213;”;
`
`S00
`
`
`
`, JSC
`
`file a Note of Issue, said
`weeks before the Note of
`
`Appea
`
`ces
`
`need more time t
`Should plaintiff!
`party may contact chambers at (718) 298-1089, no later than six
`
`Issue is due.
`
`
`(1 acknowledgment ofrece1pt ofthis Order: % M
`
`M61; iflgge. Ly .' 1?ng Ma;
`
` Attorney for
`
`Attorney for Defendant
`
`Attorney for Defendant
`
`Attorney for Defendant
`
`Attorney for Defendant
`
`3
`
`3of3
`3 of 3
`
`