FILED: QUEENS COUNTY CLERK 01/30/2020 12:20 PM
`FILED: UEENS COUNTY CLERK o1m2020 12:20 P
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`NYSCEF DOC. NO. 13
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`NYSCEF DOC. NO. 13
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`INDEX NO. 705646/2019
`INDEX NO- 705646/201‘u
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`«C«IV«D VYSCEF: 01/30/2020
`RECEIVED NYSCEF: 01/30/2020
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`Calendar Number
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`SUPREME COURT OF THE STATE OF NEW YORK
`QUEENS COUNTY: IAS PART
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`PRESENT: HON. QCWJ i
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`___..____..._..-......___._...._X
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`Preliminary Conference Order
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`Piaintiff( ),
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`Defendant(s).
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`JAN 30 2an
`COUNTY CLERK
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`EENS COUNTY
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`Date RJI Filed: /Z 75/:
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`APPEARANCES
`Plaintiffls):
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`follows:
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`Following a Preliminary Conference, it is hereby ORDERED that disclosure shall proceed as
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`( 1) Insurance Coverage: (a) if not yetEdone, defendant shall disclose in writing the existence and
`contents of any inf??? @freement, including umbrella or excess coverage, as described in CPLR §3101(f)
`on or before/
`(b) plaintiff Shall disclose any Uninsured MotoristlSupplemental Uninsured
`Motorist coverage on or before
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`(2) Bill of Particulars:
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`(a A demand for a Bill ofParticulars or interrogatories shall be served by Al“ on or before
`(b) A bill of particulars or interrogatciries shall be served by
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`on or before I 2 £3
`(6) If an affirmative defense or cou'nterclg'm iZ‘asserted, a demand for a bill of particulars or
`interrog ories S
`H be served byflon VJ
`. A response to such demand shall be served
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`(d) A supplemental Bill of Particular? shall be served by
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`as to items:
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`on or before
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`a duly executed
`(3) Medical Report‘s), Recordis) and Authorizationlsl: On or before
`written authcyatioms) shall be furnished by
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`for the following: (Che k as apply)
`Physician, and/or hospital, pharmacy and/or autopsy re
`1115‘
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`‘2Employment and/or attendance records for the period 0/ [’9‘W ;
`fia-fault file;
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`yiagnostic tests and films; .
`Tjollateral source authorizations l workers comp records;
`. W2 and/or tax return records forilself-‘employed individuals (if there is a loss of wages claim)
`for the period of
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`__ Other (specify)
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`FILED: QUEENS COUNTY CLERK 01/30/2020 12:20 PM
`.‘FILED: UEENS COUNTY CLERK 01m202012. 20 P
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`NYSCEF DOC. NO. 13
`3F DOC. NO. 13
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`INDEX NO- 705646/201«
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`INDEX NO. 705646/2019
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`RECEIVED NYSCEF: 01/30/2020
`« «IV«D VYSCEF: 01/30/2020
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`I’M;
`(4) Physical Examinations.
`(a) Examination(s) of plaintiff shall bie heid-onasbefdr
`(b) Pursuant to 22 NYCRR §202.17(Ib), at least 20 days before such examination, Tehali
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`serve upon all other parties copies of the medical reports of those physicians who have previously treated or
`examined him/her
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`copy of the examining physician‘s report shall be furnished to all parties by i
`daysofthe examination.
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`all appear for examination before trial at I
`ashmum
`(a) Examinations before trial shall be condu
`Ip.m andshallproduceallrelevantbooks papersmrecords,and0 hermaterialforuseatthe
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`shall appear for examination before trial at £365 IE fig on
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`Defendan
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`U 9 Jom. and shall produce all relevant books, papers, records, and other mate ial for use at the
`cluding
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`(b) Unless otherwise directed prior to the examinations before trial attorneys seeking rulings on
`objections or making application for any other relief pertaining to the depositions shall promptly appear at
`Chambers ofthe assigned IAS Justice, with theirireporter, or shall communicate with the Emergency Justice,
`for a determination.
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`(5) Depositions:
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`depositio
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`(c) Once begun, a deposition shall continue until completed and shall not be adjourned without
`further order of the Court.
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`(d) The transcript of an examination before trial shall be delivered to the party deposed within thirty
`(30) days of the deposition, and shall be returned, duly executed, pursuant to CPLR § 3116.
`(e) Subpoenas for the examination before trial of any non-party witness shall be served no later
`than 45 days after the completion of party depositions, provided such witness is known by completion of party
`depositions, and if not known at that time, within #15 days of first disclosure or identification of such witness or
`within the discretion of the Court.
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`II
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`(6) Other Disclosure:
`, all parties shall exchange names and addresses of all
`3/ 01,0 ‘
`(a) On or before
`witnesses, and shall exchange statements of opposing parties and photographs, or, if none, shall provide an
`affirmation to that effect
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`(b) All parties shall exchange information relating to expert witnesses in compliance with
`CPLR §3101(d)(i)
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`(c) Medicare Liens:
`If plaintiff is a medicare recipient or eligible, plaintiff shall, within 30 days,
`provide defendant(s) with the details of said lieri(ss) or if unknown. copies of correspondence to Medicare,
`evidencing plaintiffs efforts to determine the outstanding claim against said plaintiffIbeneficiary, should one
`exist.
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`(d) Additional Disclosure issues: With respect to additional disclosure issues. the parties shall
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`INDEX NO. 705646/2019
`FILED: QUEENS COUNTY CLERK 01/30/2020 12:20 PM
`FILED: UEENS COUNTY CLERK '01 301-2020! 12 {20“P'
`INDEX'NO- 705640201.
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`NYSCEF Do’c. NO. 13
`. R«.c«.1v«.o \iYSCEF: 01/30/2020
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 01/30/2020
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`iii
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`(7) lmpieader: Ali third--party actions shall be commenced on or before the Compliance Conference date.
`Joinder of a third-party action beyond this date without leave of Court may result'In a severance.
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`(8) Completion of Disclosure: All disclosure shall be completed on or before the Compliance
`Conference date.
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`all parties
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`Conference/Settlement Part on
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`(9) Compliance Conference:
`(a) Unless a Note of Issue/Certificate of Readiness shall have been filed prior thereto counsel for
`shall appear at a Com lianc“Logs o fer nce which shall be held in
`the Compliance
`(b) Filing of a Note of Issue prior to the Compliance Conference must include a written stipulation
`fully executed by all parties acknowledging that all discovery has been completed. Failure to comply with this
`provision will resultIn vacatur of the prematureinflied Note of Issue.
`(c) Copies of medical reports and pleadings are to be brought to the Compliance Conference and
`attending attorneys must be knowledgeable about the case and be prepared to discuss settlement at that time.
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`[0 i (10) the of Issue: Plaintiff shall file a Note of IssueI'Certificate of Readiness on or before
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`Jud men i Pursuant to CPLR Rule 3212(a), any motion for summary
`(11) Motions for Summa
`judgment shall be made no later than
`days after the filing of the note of issue. but under no
`circumstances beyond 120 days of the filing of ttie Note of issue absent further order of the court.
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`(12) Stipulations of settlement or discontinuance are to be filed by defendant, pursuant to
`22 NYCRR 202 28 with the County Clerk and must also give a copy to the Part of Court to which the action
`has been assigned, within 20 days of such discontinuance.
`SO 0RD
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`1, the undersigned have read the preceding and fully understan
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`J.S.C.
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`e provisions contained herein shall
`ision of this order may result in the
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`rney for Defendant
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`Dated:
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`DEC 03 2mg
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`Attorney for PI
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`Attorney for Plaintiff
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`Attorney for Plaintiff
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`Attorney for Plaintiff
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`fAttorney for Defendant
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`iAttorney for Defendant
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`Attorney for Defendant
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`FILED: QUEENS COUNTY CLERK 01/30/2020 12:20 PM
`_ FILED: UEENS COUNTY CLERK Olmzozo 12:20 P
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`NYSCEF DOC. NO. 13
`3F DOC. NO. 13
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`'
`
`INDEX NO. 705646/2019
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`'
`3X NO- 705646/201’
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`RECEIVED NYSCEF: 01/30/2020
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`*.D \IYSCEF: 01/30/2020
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`SUPREME COURT OFi THE STATE OF NEW YORK
`COUNT‘Y OF QUEENS
`88—11 Sutphin Blvd.
`Jamaica, New York 11435
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`416/4975
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`Plaintiff(s
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`Index NMé‘g/f
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`Defendant($)
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`NOTICE OF COMPLIANCE/SETTLEMENT CONFERENCE
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`A Compliance/Settlement Conference has been scheduled in the
`above-named case in which youLappear as counsel.
`The Conference
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`will be held before JUSTICEW the WI?
`Compliance/Settlement Conference Part on
`“7 I c’at 9:30 A.
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`Counsel appearing for the Conference MUST bring the Bill of
`Par ticulars and all previousiorders in the case,
`including the
`Preliminary Conference Order.L
`At
`the conference,
`inquirh will be made regarding the
`following items of discovery as applicable: bills of particular;
`authorizations; medical reports; discovery and inspection;
`document production;
`insurance information; EBT'S; physical
`examinations;
`interrogatories; and compliance with prior
`discovery orders of the Court%
`Additionally, serious setklement discussions will be
`conducted.
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`Consequently, an attorney-representing your client MUST
`appear at the conference and MUST be fully familiar with the case
`and the status of discovery. The attorney MUST bring to the
`Conference all available documentary evidence relating to injury
`and damages, and MUST be authorized to enter binding stipulations
`and to dispose of the case.
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`Failure to appear at the Conference may result in the imposition of
`sanctions or other appropriate jpdicial action.
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