FILED: QUEENS COUNTY CLERK 02/04/2019 03:02 PM
`FILED:
`EENS COUNTY CLERK 02m2019 03:02 7P
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`NYSCEF DOC. NO. 8
`3F POC. NO.
`8
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`Calendar Number 13
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`.
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`INDEX NO. 713524/2018
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`«. «.Iv
`RECEIVED NYSCEF: 02/04/2019
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`SF: 02/04/
`19
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`SUPREME COURT OF THE STATE OF NEW YORK
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`QUEENS COUNTY: IAS PART
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`PRESENT: HON.
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`Plaintiff(s),
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`Defendantls).
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`FEB 0 4 2019
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`COUNTY CLERR ‘
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`r liminary Conference Order
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`Index Numben '1 l 3 SJ Ll /J (J ‘5’
`1/
`Date RJI Filed: H I 7 A?
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`K;
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`APPEARANCES
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`Plaintiff(s): Nfl‘hlo
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`(piloSSwa ‘01 LC awws- 5¥avmv
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`Defendant(s):
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`3.
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`Following a Preliminary Conference. it is hereby ORDERED that disclosure shall proceed as
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`follows:
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`(1) Insurance Coverage: (a) If not yet done. defendant shall disclose in writing the existence and
`contents of any insurance agreement. including umbrella or excess coverage, as described in CPLR §3101(f)
`on or before
`J: / 37 n} o‘ 9‘
`(b) plaintiff shall disclose any Uninsured MotoristISupplemental Uninsured
`Motorist coverage on or before
`.
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`3 1' AMJ
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`(2) Bill of Particulars:
`(a) A demand for a Bill of Particulars or interrogatories shall be served by A
`.
`D‘O‘HJ
`on or be re
`(b) A bill of particulars or interrogatories shall be served by Tl
`(c) If an affirmative defense or counterclaim is asserted, a demand for a bill of particulars or
`interrogatories shall be served by
`on
`. A response to such demand shall be served
`on
`.
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`on or before
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`as to items:
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`(d) A supplemental Bill of Particulars shall be served by
`'
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`on or before
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`\fi a duly executed
`(3) Medical Re on 5 Record 5 and Authorization s : On or before
`written authorization(s) shall be furnished by
`SS
`for the following: (Check as apply)
`F"
`L—d‘P'hysician, andlor hospital, pharmacy andlor autopSy records;
`DEmployment andlor attendance records for the period fi g3 QM \Q Q3\-—\Q QM
`—
`DNo—fault file;
`Ebiagnostic tests and films;
`‘—_"Collateral source authorizations I workers comp records;
`LgWZ andlor tax return records for self-employ d indi iduals (ift are is a loss of vgges claim)
`\er’tiie period of 3-
`Mr
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`cgbther (specify) QM W my? '3: \eraag Séfifis
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`FILED: QUEENS COUNTY CLERK 02/04/2019 03:02 PM
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`3F DOC. NO.
`8
`NYSCEF DOC. NO. 8
`s
`
`INDEX NO. 713524/2018
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`RECEIVED NYSCEF: 02/04/2019
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`(4) Physical Examinations:
`W/ M ["5
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`(a) Examination
`(s) of plaintiff shall be held on or before
`(b) Pursuant to 22 NYCRR §202.17(b), at least 20 days before such examination.
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`c‘u‘U
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`shall
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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.
`(c) A copy of the examining physician's report shall be furnished to all parties by 2
`within “5 days of the examination.
`(5) Depositions:
`Tl"
`(C5cwu ‘l'kt- 0'6”“; "‘0 (Lu-WW k
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`(a) Examinations before trial shall be conducted as follows:
`-Plaintlff(s) shall appear for examination before trial at
`UM “"9 “a“
`at
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`a.m.ip.m. and shall produce all relevant books, papers, records, and other material for use at he
`deposition, including
`,
`on
`Defendant(s} shall appear for examination before trial at twitch! Vidal
`at
`Ll)
`a.m.lp.m. and shall produce all relevant books, papers, records, and other mat n’al to use at the
`deposition, including
`.
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`(b) Unless othenivise directed prior to the examinations before trial. attorneys seeking rulings on
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`objections or making application for any other relief pertaining to the depositions shall promptly appear at
`Chambers of the assigned [AS Justice, with their reporter, or shall communicate with the Emergency Justice,
`for a determination.
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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.
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`(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 45 days of first disclosure or identification of such witness or
`within the discretion of the Court.
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`9—“ oxfll-ahéchs $0 CcUm M’M Q6 541-6
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`(6) Other Disclosure:
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`(a) On or before
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`, all parties shall exchange names and addresses of all
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`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: lf plaintiff is a medicare recipient or eligible. plaintiff shall, within 30 days,
`provide defendant(s) with the details of said Iien(s), or if unknown, copies of correspondence to Medicare,
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`evidencingplaintiff’s efforts to determine the outstanding claim against said plaintifflbeneficiary, should one
`exist.
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`(d) Additional Disclosure Issues: With respect to additional disclosure issues, the parties shall
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`comply with the following agreement:
`A U
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`FILED: QUEENS COUNTY CLERK 02/04/2019 03:02 PM
`UEENS COUNTY CLERK 02m2’0’19 03:02 P
`
`NYSCEF DOC. NO. 8
`3F poc. NO.
`8
`
`INDEX NO. 713524/2018
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`
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`RECEIVED NYSCEF: 02/04/2019
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`
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`(7) Impleader: All third-party actions shall be commenced on or before the Compliance Conference date.
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`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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`(9) Compliance Conference:
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`(3) Unless a Note of IssueICertificate of Readiness shall have been filed prior thereto, counsel for
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`shall appear at 3 Compliance Conference which shall be held in
`all parties
`ConferencelSettlement Part on
`“'1 / I E; é 0‘ ('i.
`(b) Filing of a Note of issue prior to the Compliance Conference must include a written stipulation
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`the Compliance
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`fully executed by all parties acknowledging that all discovery has been completed. Failure to comply with this
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`provision will result in vacatur of the prematurely filed Note of Issue.
`(c) Copies of medical reports and pleadings are to be brought to the Compliance Conference and
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`attending attorneys must be knowledgeable about the case and be prepared to discuss settlement at thattime.
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`I g
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`22%?
`)0 N e of Issue: Plaintiff shall file a Note of IssueICertificate of Readiness on or before
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`(11) Motions for Summag Judgment: Pursuant to CPLR Rule 3212(a), any motion for summary
`judgment shall be made no later than
`lid
`days after the filing of the note of issue, but under no
`circumstances beyond 120 days of the filing of the 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
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`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 ORDERED:
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`Dated‘
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`JAN 1 12019
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`I, the undersigned have read the preceding and fully understand the provisions contained herein shall
`constitute an Order of the Court. Failure to comply with any provision of this order may result in the
`imposition of costs, sanctions or other penalties provided by law.
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`E 1:29«xxm\.2 messes.
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`Attorney for Defendant":
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`-3-
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`M W
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`Attorney for Plaintiff
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`\
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`Attorney for Plaintiff
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`Attorney for Defendant
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`Attorney for Plaintiff
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`Attorney for Defendant
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`Attorney for Plaintiff
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`Attorney for Defendant
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`3 of 4
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`INDEX NO. 713524/2018
`FILED: QUEENS COUNTY CLERK 02/04/2019 03:02 PM
`INDETNWVBSQWO -~
`FILE: oUEENs COUNTY CL -" YEW “T"
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`3F DOC. NO.
`8
`RfiCflIVfiD NYSCEF: 02/04/2019
`NYSCEF DOC. NO. 8
`RECEIVED NYSCEF: 02/04/2019
`I
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`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`88-11 Sutphin Blvd.
`Jamaica, New York 11435
`
`Plaintiff(s)
`
`Index No. “New 30W
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`-against -
`mhrk—l‘fiéél‘h SANG“ ““6 Vav“ 555k A“5Wo\\\\
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`3‘
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`Defendant(s)
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`NOTICE OF COMPLIANCE/SETTLEMENT CONFERENCE
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`A Compliance/Settlement Conference has been scheduled in the
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`The Conference
`above-named case in which you appear as counsel.
`will be held before JUSTICE JOSEPH J. ESPOSITO in the
`Compliance/Settlement Conference Part on Lllléliflfiat 9:30 A.M.
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`Counsel appearing for the Conference MUST bring the Bill of
`Par ticulars and all previous orders in the case,
`including the
`Preliminary Conference Order.
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`inquiry will be made regarding the
`the conference,
`At
`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.
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`Additionally, serious settlement discussions will be
`conducted.
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`sanctions or other appropriate judicial action.
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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
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