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`.6796/2016
`INDEX NO. 66796/2016
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`FILED: WESTCHESTER COUNTY CLERK 08/22/2018 02:43 PM
`FILED :' WESTCHESTER COUNTY CLERK 0887201702:43 PM
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`a
`RaCaIVaD NYSCEF: 08/22/2018
`NYSCEF DOC. NO. 46
`RECEIVED NYSCEF: 08/22/2018
`NYSC‘F DOC 'siiBREi/‘ie COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER - COMPLIANCE PART
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`.
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`ANTHONY JOHNSON et a],
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`UPLOAD TO NYSCEF
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`PlaitttifflS),
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`-against-
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`COMPLIANCE CONFERENCE
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`REFEREE REPORT & ORDER
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`SHIPPERS CHOICE TRANSPORTATION et al,
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`Defendant(s).
`_______________________________________________________________________x
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`Index No. 66796/2016
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`PARRIS, C.A.R.
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`In accordance with CPLR 3104 and the DCM Rules ofthis Court, and pursuant to theiCompliance Conference
`held before me on August 21, 2018, I recommend that the Court confirm the following Report:
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`Appearances
`For Plaintiffs: Carol Morris-Pox for Dominick W. Lavelle
`For Defendants Shippers Choice Transportation and Donnie Davis: Judy Brown for Kowalski & DeVito
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`IT IS DIRECTED that disclosure shall proceed and be completed as follows:
`I. Plaintiffs shall serve the authorizations requested in Sections 4 and 8 ofthe Preliminary
`Conference Order no later than August 27, 2018.
`l.n\the event of plaintiffs’ noncompliance with
`this directive, defendants shall request an immediate conference no later than September 7,
`2018. If no conference is requested, the Court shall interpret this to mean that plaintiffs have
`complied, and a subsequent claim of noncompliance will not be entertained.
`2. Plaintiffs shall be deposed on September 25, 2018 and September 26, 2018.
`3. Defendants shall be deposed on September 27, 2018.
`4. All parties are advised that they have limited time within which to conduct discovery, that
`they have no authority to adjourn Court-ordered depositions to later dates, and that attendance
`at Court-ordered depositions is mandatory. Failure to conduct the Court-ordered deposition
`of an available witness can result in waiver of the deposition. Failure ofa witness to appear can
`result in preclusion, dismissal, or the striking of defendants’ answer.
`5. Settlement negotiations do not stay discovery.
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`Failure to comply herewith shall be grounds to strike pleadings pursuant to CPLR 3126 or grant other
`relief pursuant to CPLR 3124. Any party failing to appear at this Compliance Conference shall be bound by
`the terms hereof, and disclosure demands not raised at the Compliance Conference are deemed waived.
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`The parties shall appear for a Compliance Conference in the Compliance Part, Room 800, at 9:30
`a.m. on September‘28, 2018. The foregoing constitutes the Report ofthe Court Attorney-Referee.
`Dated: White Plains. New York
`éafli z,(_,2018
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`3% WW“
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`Colette Parris, Court Attorney-Referee
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`Dated: White Plains, New York
`$W2018
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`0 ORDERED:
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`~l ofl
`1 of 1
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