FILED: QUEENS COUNTY CLERK 12/10/2019 03:08 PM
`OUEENS COUNTY CLERK '12m2019' 032'. P I'
`NYSCEF DOC. NO. 48
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`INDEX NO. 717677/2018
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`RECEIVED NYSCEF: 12/10/2019
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`Supreme Court of the State of New York
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`Queens County: Compliance Settlement and Conference Part
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`Date RJI filed:
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`Appearances:
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`Com liance Conference Order
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`JM , and following
`'Upon the PreliminaIIy Conference Order dated
`and it appearing that
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`2 Compliance Conference held on
`disclosure previously ordered herein has not been completed, or that additional disclosureis
`warranted it is. hereby
`ORDERED that all endina discovent-related motions shall be brou ht to
`theattention of this Court
`= ORDERED that any items of discovery left outstanding from those directed by
`priOr orders niust be specified!) identified or are deemed waived, and it is further
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`ORDERED that disclosure shall proceed and be completed in accordance herewith,
`and it is further"
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`, ORDERED that.all proceedings directed herein shall be completed on or before the
`dates set forth No aafwurnments of the dates set forth herein are to be had without the
`Coal? '5 written approvail, and it is further
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`. ORDERED that any failure to comply strictly with the terms of this order shall be
`grounds for the ‘Istriking hf pleadings or other relief pursuant to CPLR 3126.
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`FILED: QUEENS COUNTY CLERK 12/10/2019 03:08 PM
`flUEWENSi COW? wCir-{EEK“1'27&1'2019 7033—08“? '
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`IDOEL. NO. 48
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`INDEX NO. 717677/2018
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`1DOCUMENTS AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION it is
`ORDERED.that no later thango days from the date hereof. the following documents
`authorizatidns and other items for discoven andinspection shall be produced:
`by the Plaintiff(s): All medical reports and authorizations as directed by22NYCRR §
`202.1f (b) and. where the cause of death15 in issue as directed b1122NYCRR § 202. 17 (d).
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`Defendant(sl_ and Third-Party Defendant(s:
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`D‘EPOSITIONS'
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`ORDERED that all partiesnot yetMdeposed shall appear f0
`epositio s) on:
`. date [“3 lb :12 at time 40
`oclock at:
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`(Thedate set for depositions MUST be no more than _30 days from the date ereof. Insert any further
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`and it is further
`ORDERED that depositions shall continue from dav to day until completed.
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`PHYSICAL EXAMINATIONS:
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`, 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 such
`examination within 15 days of the completion of the plaintifi" s deposition or within 20 days
`1 of Ithe date hereof1n the event plaintiff" s deposition has already occurred. All physical
`examinations shall be completed within 30 days ofthe designation ofexamining physician(s).
`Pursuant to 22 NYCRR'.§ 202. l 7 [c] copies ofthe reports ofthe examininoUphysician(s) shall
`be served on all parties within 45 days after the cornpletion of the examination and it is
`further
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`. ORDERED: (Insert any further provisions regarding physmal exammations)
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`ORDERED that unless otherwise noted by the court herein. this Order'is deemed to have
`r___esoived any pending discovery motion(s), and that pursuant to this Order, such motion shall be
`“marked 0])” immm on the return date ofthc' motion;
`and ii is
`I. 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
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`FILED: QUEENS COUNTY CLERK 12/10/2019 03:08 PM
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`NYSCEF DOC. NO. 48
`VEFZDOCrl. NO. 48
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`" INDEX NO. "717. 7'-
`INDEX NO. 717677/2018
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`12/10/2019
`RECEIVED NYSCEF: 12/10/2019
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`. depositions, unless for good cause shown and11 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
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`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 ofissue as directed herein, and it is
`ORDERED that 1fpla1nt1ffIS a Medicare recipient or Medicare eligible he/she shall
`? within 30 days provide defendant with copies ofall correspondence to Medicare. as evidence
`‘ of plaint1ff s efforts to determine the outstanding claim against said plaintiff/beneficiarv
`.‘ should onelexist= e.g. final demand or conditional summary from CMS; and it is further
`0RDERED.that any patties 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, andts further
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`ORDERED a'_s follows:
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`Attorney for Defendant
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`ny items left outstanding from those directed by prior orders must be specifically
`identified herein or are deemed waived)
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`d file a Note of Issue and Certificate
`ORDERED that plaintiff]
`and shall furnish to the Compliance
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`of Readiness on or before (Court use only)
`Settlement and Conference Part within ten 10) da 5 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.
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`SO ORDERED:
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`Dated@915 [D (6‘ Z [9
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`22g AHEALY
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`need more time to file a Note of Issue, said
`Should plaintiff/
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`party may contact chambers at (718) 298-1089, no later thanssix (6) weeks before the Note of
`' Issue is due.
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`Appearances and
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`nOWIedgrnent of receipt of this Order:
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`Attorney for Plaintiff
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`m 1144M Doom/'2
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`Attorney for Defendant
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`Attorney for Defendant
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