Preview
FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM INDEX NO. E2020001526
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3387304
Book Page CIVIL
Return To: No. Pages: 4
Jeanna J. Savage
27 North Main Street Instrument: ORDER
Canandaigua, NY 14425
Control #: 202304031180
Index #: E2020001526
Date: 04/03/2023
MILLER, ROBERT Time: 2:48:36 PM
SILVAROLE TRUCKING INC
DAVIS, JOSHUA
ABC CORPORATION (fictitious name for persons, firms or
corporations presently unknown) and
JOHN DOE (fictitious name for persons, firms or corporations
presently unknown)
Total Fees Paid: $0.00
Employee: CW
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 4
202304031180 Index #
INDEX : E2020001526
NO. E2020001526
FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023
PRESENT: HON. CRAIG J. DORAN
Justice of the Supreme Court
SUPREME COURT TRIAL ORDER
STATE OF NEW YORK MONROE COUNTY Index# E2020001526
__________________________________________________
ROBERT MILLER;
Plaintiff,
vs.
I.
SILVAROLE TRUCKING INC, JOSHUA DAVIS;
Defendants,
__________________________________________________
The parties having conferred between themselves and with the Court, it is now hereby
ORDERED:
1. Trial Date:
The trial date is SEPTEMBER 28, 2023, at 9:30 AM. Jury Selection will begin that day,
immediately followed by Openings and Proofs.
This date will not be adjourned or postponed without the written consent of the Court. In the
event the designated attorney is not available or has a prior conflicting trial, then he/she is to secure
replacement counsel pursuant to 22 NYCRR 125.1(g). Notice is hereby given that failure to proceed will
result in a default judgment or dismissal with prejudice. Please note that there may be other trials
scheduled by the Court during this time period. As such, counsel should communicate with chambers
when more specificity regarding the date is necessary for scheduling witnesses, etc.
Counsel is advised to report via Microsoft Teams for a Conference on AUGUST 8, 2023, at 2
PM. The purpose of the conference is to set the trial schedule, review anticipated trial issues and discuss
potential settlement. All clients and adjustors shall be available by telephone.
2. Jury Verdict Sheet:
Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide written
Proposed Jury Verdict Sheets to the Court and opposing counsel via NYSCEF and via electronic
mail to Lea Nacca at lnacca@nycourts.gov in MS Word format. Any objections thereto shall be made
in writing no later than seven (7) calendar days prior to the trial scheduled herein or will be deemed
waived. Supplemental Proposed Verdict Sheets may be permitted based on previously unknown or
unanticipated developments or testimony at trial.
3. Requests to Charge:
Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide the
Court and opposing counsel with written paragraph-specific references to Pattern Jury Instructions that
said party requests be provided by the Court to the jury. Any objections thereto shall be made in writing
no later than seven (7) calendar days prior to the trial scheduled herein or will be deemed waived.
Requests to Charge shall be provided to the Court and opposing counsel via NYSCEF and via
electronic mail to Lea Nacca at lnacca@nycourts.gov. To the extent possible, parties are encouraged to
rely on Pattern Jury Instructions as opposed to writing their own instructions. Supplemental Requests to
Charge may be permitted based on previously unknown or unanticipated developments or testimony at
trial.
4. Motions in Limine and Memorandum of Law:
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202304031180 IndexNO.
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FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023
Twenty-one (21) calendar days prior to the trial scheduled herein, each party shall submit any
motions in limine and a memorandum that addresses each question of law or unique evidentiary
issue that the party expects to arise at trial. Responses and objections thereto shall be submitted
fourteen (14) calendar days prior to the trial scheduled herein or will be deemed waived.
5. Witnesses:
If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses shall be
disclosed by Plaintiff(s) forty-five (45) calendar days prior to the trial scheduled herein and by
Defendant(s) thirty (30) calendar days prior to the trial scheduled herein (see, CPLR 3101[d][1][i]). All
other witnesses shall be disclosed to the Court and opposing counsel at least fourteen (14) days prior to
the trial scheduled herein
6. Deposition Designations:
Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide the
Court and opposing counsel with Deposition Designations for any proposed testimony to be read pursuant
to CPLR 3117. Said Deposition Designations shall provide the name of the witness, page/line numbers
and a transcript of the proposed testimony. Objections to deposition questions and/or answers will be
addressed during the trial in the normal course.
7. Video-Recorded Testimony:
Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide the
Court with a copy of any proposed video-recorded testimony along with a transcript thereof. Any
objections thereto shall be made in writing and provided to the Court and opposing counsel no later than
ten (10) calendar days prior to the trial scheduled herein or will be deemed waived. Each objection must
delineate the page/line number and minute/second of the video testimony and provide a specific basis for
the objection with legal support if necessary. The failure to comply with this Order shall waive any trial
objections to the proposed video testimony.
8. Exhibits:
Twenty-one (21) calendar days prior to the trial scheduled herein the parties shall provide a list
of all proposed marked exhibits (numbers1-499 for plaintiff; numbers 500-1000 for defendant) to the
Court and opposing counsel. The parties shall consult to determine whether a stipulation may be entered
by the parties governing the authenticity and admissibility of any exhibits.
9. Technology Requests:
Fourteen (14) calendar days prior to the trial scheduled herein requests for any courtroom
technology shall be made in writing via e-mail to Jeanna Savage at jsavage@nycourts.gov. No untimely
technology requests will be accepted.
10. Jury Selection:
Jury Selection will be conducted in accordance with the Jury Selection Process Order provided to
the parties by the Court.
Dated: November 14, 2022
Rochester, New York _______________________
HON. CRAIG J. DORAN
Amended: March 24, 2023 Justice of the Supreme Court
Rochester, New York
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202304031180 IndexNO.
INDEX #: E2020001526
E2020001526
FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023
JURY SELECTION PROCESS ORDER
HONORABLE CRIAG J. DORAN
A variation of the Struck Method is used. See 22 NYCRR 202.33, Appendix E(C).
All obvious potential jurors “for cause” will be removed in consultation with counsel during
opening remarks and general questioning of the entire panel. The Court Clerk will then seat 16
prospective jurors.
All additional removals “for cause” must be done during the attorney questioning process.
Therefore, if you desire to remove a juror “for cause,” you MUST bring that to the Court Clerk’s
attention. If the “for cause” challenge is consented to or granted, the Court Clerk will re-seat a new
juror immediately in the empty seat and questioning will continue. The remaining seated jurors will not
be re-numbered. After voir dire is complete, no “for cause” challenges will be entertained. See 22
NYCRR 202.33, Appendix E(C)(3)&(5).
Plaintiff(s) and Defendant(s) will have approximately 45 minutes each for voir dire. See 22
NYCRR 202.33(d). If an attorney feels that they need a few more minutes, please notify the Court Clerk
so that she/he can call the Judge to advise.
Unless otherwise designated by the Court, there will be two (2) alternates that will be
designated but undisclosed. Those alternates will be the seventh and eighth jurors seated. Therefore,
there will be a total of eight (8) jurors seated for the trial.
Peremptory challenges will be done either in the jury room or courtroom. Unless the Court
otherwise directs, each side will have a total of four (4) peremptory challenges because two (2)
alternates are being used. See CPLR 4109; 22 NYCRR 220.1(d). Plaintiff(s) will exercise their challenge
first, then Defendant(s), and then alternate back and forth until the peremptory challenges are
exercised or waived. An attorney who waives a challenge may not thereafter exercise a peremptory
challenge. See 22 NYCRR 202.33, Appendix E(C)(5). Once all challenges are exhausted or waived, the
first eight remaining jurors will be seated - (6) deliberating jurors and two (2) alternates. See 22 NYCRR
202.33, Appendix E(C)(6). The Court Clerk will then excuse the remaining jurors and swear in the eight
(8) selected jurors.
The Court Clerk will call Chambers after the jury is sworn, and Chambers will advise as to when
the trial will commence.
So Ordered,
Honorable Craig J. Doran
Justice of the Supreme Court
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Preview
FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM INDEX NO. E2020001526 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3387304 Book Page CIVIL Return To: No. Pages: 4 Jeanna J. Savage 27 North Main Street Instrument: ORDER Canandaigua, NY 14425 Control #: 202304031180 Index #: E2020001526 Date: 04/03/2023 MILLER, ROBERT Time: 2:48:36 PM SILVAROLE TRUCKING INC DAVIS, JOSHUA ABC CORPORATION (fictitious name for persons, firms or corporations presently unknown) and JOHN DOE (fictitious name for persons, firms or corporations presently unknown) Total Fees Paid: $0.00 Employee: CW State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202304031180 Index # INDEX : E2020001526 NO. E2020001526 FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023 PRESENT: HON. CRAIG J. DORAN Justice of the Supreme Court SUPREME COURT TRIAL ORDER STATE OF NEW YORK MONROE COUNTY Index# E2020001526 __________________________________________________ ROBERT MILLER; Plaintiff, vs. I. SILVAROLE TRUCKING INC, JOSHUA DAVIS; Defendants, __________________________________________________ The parties having conferred between themselves and with the Court, it is now hereby ORDERED: 1. Trial Date: The trial date is SEPTEMBER 28, 2023, at 9:30 AM. Jury Selection will begin that day, immediately followed by Openings and Proofs. This date will not be adjourned or postponed without the written consent of the Court. In the event the designated attorney is not available or has a prior conflicting trial, then he/she is to secure replacement counsel pursuant to 22 NYCRR 125.1(g). Notice is hereby given that failure to proceed will result in a default judgment or dismissal with prejudice. Please note that there may be other trials scheduled by the Court during this time period. As such, counsel should communicate with chambers when more specificity regarding the date is necessary for scheduling witnesses, etc. Counsel is advised to report via Microsoft Teams for a Conference on AUGUST 8, 2023, at 2 PM. The purpose of the conference is to set the trial schedule, review anticipated trial issues and discuss potential settlement. All clients and adjustors shall be available by telephone. 2. Jury Verdict Sheet: Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide written Proposed Jury Verdict Sheets to the Court and opposing counsel via NYSCEF and via electronic mail to Lea Nacca at lnacca@nycourts.gov in MS Word format. Any objections thereto shall be made in writing no later than seven (7) calendar days prior to the trial scheduled herein or will be deemed waived. Supplemental Proposed Verdict Sheets may be permitted based on previously unknown or unanticipated developments or testimony at trial. 3. Requests to Charge: Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide the Court and opposing counsel with written paragraph-specific references to Pattern Jury Instructions that said party requests be provided by the Court to the jury. Any objections thereto shall be made in writing no later than seven (7) calendar days prior to the trial scheduled herein or will be deemed waived. Requests to Charge shall be provided to the Court and opposing counsel via NYSCEF and via electronic mail to Lea Nacca at lnacca@nycourts.gov. To the extent possible, parties are encouraged to rely on Pattern Jury Instructions as opposed to writing their own instructions. Supplemental Requests to Charge may be permitted based on previously unknown or unanticipated developments or testimony at trial. 4. Motions in Limine and Memorandum of Law: 2 of 4 202304031180 IndexNO. INDEX #: E2020001526 E2020001526 FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023 Twenty-one (21) calendar days prior to the trial scheduled herein, each party shall submit any motions in limine and a memorandum that addresses each question of law or unique evidentiary issue that the party expects to arise at trial. Responses and objections thereto shall be submitted fourteen (14) calendar days prior to the trial scheduled herein or will be deemed waived. 5. Witnesses: If not disclosed previously pursuant to the Court’s Scheduling Order, expert witnesses shall be disclosed by Plaintiff(s) forty-five (45) calendar days prior to the trial scheduled herein and by Defendant(s) thirty (30) calendar days prior to the trial scheduled herein (see, CPLR 3101[d][1][i]). All other witnesses shall be disclosed to the Court and opposing counsel at least fourteen (14) days prior to the trial scheduled herein 6. Deposition Designations: Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide the Court and opposing counsel with Deposition Designations for any proposed testimony to be read pursuant to CPLR 3117. Said Deposition Designations shall provide the name of the witness, page/line numbers and a transcript of the proposed testimony. Objections to deposition questions and/or answers will be addressed during the trial in the normal course. 7. Video-Recorded Testimony: Fourteen (14) calendar days prior to the trial scheduled herein, each party shall provide the Court with a copy of any proposed video-recorded testimony along with a transcript thereof. Any objections thereto shall be made in writing and provided to the Court and opposing counsel no later than ten (10) calendar days prior to the trial scheduled herein or will be deemed waived. Each objection must delineate the page/line number and minute/second of the video testimony and provide a specific basis for the objection with legal support if necessary. The failure to comply with this Order shall waive any trial objections to the proposed video testimony. 8. Exhibits: Twenty-one (21) calendar days prior to the trial scheduled herein the parties shall provide a list of all proposed marked exhibits (numbers1-499 for plaintiff; numbers 500-1000 for defendant) to the Court and opposing counsel. The parties shall consult to determine whether a stipulation may be entered by the parties governing the authenticity and admissibility of any exhibits. 9. Technology Requests: Fourteen (14) calendar days prior to the trial scheduled herein requests for any courtroom technology shall be made in writing via e-mail to Jeanna Savage at jsavage@nycourts.gov. No untimely technology requests will be accepted. 10. Jury Selection: Jury Selection will be conducted in accordance with the Jury Selection Process Order provided to the parties by the Court. Dated: November 14, 2022 Rochester, New York _______________________ HON. CRAIG J. DORAN Amended: March 24, 2023 Justice of the Supreme Court Rochester, New York 3 of 4 202304031180 IndexNO. INDEX #: E2020001526 E2020001526 FILED: MONROE COUNTY CLERK 04/03/2023 02:55 PM NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 04/03/2023 JURY SELECTION PROCESS ORDER HONORABLE CRIAG J. DORAN A variation of the Struck Method is used. See 22 NYCRR 202.33, Appendix E(C). All obvious potential jurors “for cause” will be removed in consultation with counsel during opening remarks and general questioning of the entire panel. The Court Clerk will then seat 16 prospective jurors. All additional removals “for cause” must be done during the attorney questioning process. Therefore, if you desire to remove a juror “for cause,” you MUST bring that to the Court Clerk’s attention. If the “for cause” challenge is consented to or granted, the Court Clerk will re-seat a new juror immediately in the empty seat and questioning will continue. The remaining seated jurors will not be re-numbered. After voir dire is complete, no “for cause” challenges will be entertained. See 22 NYCRR 202.33, Appendix E(C)(3)&(5). Plaintiff(s) and Defendant(s) will have approximately 45 minutes each for voir dire. See 22 NYCRR 202.33(d). If an attorney feels that they need a few more minutes, please notify the Court Clerk so that she/he can call the Judge to advise. Unless otherwise designated by the Court, there will be two (2) alternates that will be designated but undisclosed. Those alternates will be the seventh and eighth jurors seated. Therefore, there will be a total of eight (8) jurors seated for the trial. Peremptory challenges will be done either in the jury room or courtroom. Unless the Court otherwise directs, each side will have a total of four (4) peremptory challenges because two (2) alternates are being used. See CPLR 4109; 22 NYCRR 220.1(d). Plaintiff(s) will exercise their challenge first, then Defendant(s), and then alternate back and forth until the peremptory challenges are exercised or waived. An attorney who waives a challenge may not thereafter exercise a peremptory challenge. See 22 NYCRR 202.33, Appendix E(C)(5). Once all challenges are exhausted or waived, the first eight remaining jurors will be seated - (6) deliberating jurors and two (2) alternates. See 22 NYCRR 202.33, Appendix E(C)(6). The Court Clerk will then excuse the remaining jurors and swear in the eight (8) selected jurors. The Court Clerk will call Chambers after the jury is sworn, and Chambers will advise as to when the trial will commence. So Ordered, Honorable Craig J. Doran Justice of the Supreme Court 4 of 4