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`FILED: QUEENS COUNTY CLERK 01/16/2019 12:24 PM
`FILED UEENSUNTY CLERK 011512019 2. 24 P
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`NYSCEF DOC. NO.
`9
`NYSCEF DOC. NO. 9
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`"
`
`INDEX NO. 717697/2017
`ND XNO”? 717697
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`
`
`
`
`RnCnIVnD NYSCEF:
`01/16/2019
`RECEIVED NYSCEF: 01/16/2019
`
`I
`
`CALENDAR #: REVIEWED BY:
`
`(NI TO BE NTE '
`
`Y COURT)
`
`. Supreme Court of the State of New York
`Queens County: Compliance Settlement and Conference Part
`Present: Hon. Joseph J. Esposito, Justice
`
`flk/fi‘ W ”(grI H GT0”
`-against-
`
`Plaintifils)
`
`Index Number: 7 (7697! 20".}
`
`DateRnnled:
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`5 2'3 '3
`
`
`
`one
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`Appearances:
`
`Plaintiffls)
`
`Defendant(s)
`
`
`WMW$flv§{WT AJW/L"
`
`, and following
`6 7 ’5
`Upon the Preliminary Conference Order dat
`, and it appearing that
`l 5”
`a Compliance Conference held on
`{2 (8'
`disclosure previously ordered herein has not been completed, or that additional disclosure is
`warranted, it is hereby
`ORDERED that all pending discovery-related 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 specifically identified or are deemed 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 aaflr’ournments of the dates set forth herein are to be had without the
`Court ’s 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.
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`1
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`1 of 3
`1 of 3
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`FILED: QUEENS COUNTY CLERK 01/16/2019 12:24 PM
`FILED: UEEN'S COUNTY CLERK
`1152019 12:24 P
`
`NYSCEF DOC. NO.
`9
`NYSCEF DOC. NO. 9
`
`"
`
`INDEX NO. 717697/2017
`'INDE‘X'N'O- 717697 2017
`
`
`
`
`
`R«.C«.IV«.D \lYSCEF: 01/16/2019
`RECEIVED NYSCEF: 01/16/2019
`
`.u,
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`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 by 22 NYCRR §
`202.17 (b) and, where the cause of death is in issue, as directed by 22 NYCRR § 202.17 (d)._ '
`I..-
`,
`39—2 Ilium/9.6,;
`.. 1r mafia/é
`I
`I e
`and -/.'3f #9,, , 'I,, ,,._' d] 9-4.1“
`a- w... ,
`
`
`by the
`
`Defendant(s) and Third-Party Defendant(s):
`
`DEPOSITIONS:
`
`O
`
`E
`
`D that all parties not yet deposed shall appear for deposition 5) on:
`
`,
`
`o’clock at: place QUWK [éWfl/I7flk@@flj
`/0 fl‘j
`at time
`date £23: )Zf’ZI—é
`(The d te set ordepositions MUSTbe no more than 30 days from the datehereof. Insert any further W
`
`provisions regarding depositions)
`
`and it is further
`M ay-
`ORDERED that depositions shall continue from day to day until completed.
`
`PHYSICAL EXAMINATIONS:
`.
`
`
`endants and other parties desiring to take the physical
`
`ORDERED that all
`
`
`in writing, the physician(s) to taWa
`
`a '
`
`'
`
`examination of any pl
`
`
`
`‘
`
`rff shall designate,
`
`ays
`days of the completion of the plaintiff's deposition, or within,
`examination within
`of the date hereof in the event plaintiff's deposition has already occurred. AII physical
`
`examinations shall be completed within
`days ofthe designation of examining physician(s).
`Pursuant to 22 NYCRR § 202.17 [c], c pies ofthe reports ofthe examining physician(s) shall
`be served on all parties within 45
`ys after the completion of the examination, and it is
`
`
`further
`Y;
`ORDERED: (Insert any further provisions regarding physical examinations)
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`MISCELLANEOUS:
`
`ORDERED that unless otherwise noted by the court herein, this Order is deemed to have
`resolved any pending discovery motion (s),W
`
`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
`
`2
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`20f3
`2 of 3
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`

`

`FILED: QUEENS COUNTY CLERK 01/16/2019 12:24 PM
`FILED: OUEENS COUNTY CLERK 01m2019 12:24 P
`
`3F DOC. NO.
`9
`NYSCEF DOC. NO. 9
`
`INDEX NO. 717697/2017
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`
`
`
`RECEIVED NYSCEF: 01/16/2019
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`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 of all correspondence to Medicare, as evidence
`of plaintiff's efforts to determine the outstanding claim against said plaintiff/beneficiary
`should one exist, eg. 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
`ORDERED as follows:
`
`,
`
`Attorney for Defendant
`
`Any items left outstanding from those directed by prior orders-must be specifically
`identified herein or are deemed waived)
`
`ORDERED that plaintiff]
`and file a Note of Issue and Certificate
`of Readiness on or before (Court use only)
`, and shall furnish to the Compliance
`Settlement and Conference Part within ten ( 0) day t ereafter 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.
`
`Dated: L 8 /§
`
`SO 01/1) ,Jsc
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`need more time to‘ t e a vote of Iss c, said
`Should plaintiff/
`party may contact chambers at (718) 298-1089, no later than six 6 i eeks before the Note of
`Issue is due.
`
`Appearances and acknowledgment of receipt of this Order:
`
`I
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`Attorney for Plaintiff
`
`Lahorrglr De endant I
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`N ”4/
`//M‘/L
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`,
`
`, [/C
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`Attorney for Defendant
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`Attorney for Defend-f '
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`3 of 3
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