On February 09, 2023 a
Order
was filed
involving a dispute between
Marian Pender,
and
Edward C Defino,
Kathleen P Macsweeney,
for Torts - Other Negligence (Trip and Fall)
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 12/11/2023 05:04 PM INDEX NO. 56640/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER - COMPLIANCE PART
MARIAN PENDER,
Plaintiff,
COMPLIANCE CONFERENCE
-against- REFEREE REPORT & ORDER
Index No.: 56640/2023
S & G Date: July 23, 2024
KATHLEEN P. MAC SWEENEY, et. at.,
Defendants.
SHEILA BAUTISTA, C.A.R.
In accordance with CPLR 3104 and the CCM Rules of this Court, and pursuant to the Compliance Conference held
before me on December 11, 2023, I recommend that the Court confirm the following Report:
Appearances:
Plaintiff: Rose Harper, Esq. Defendant: Alissa Mendys, Esq.
Defendant Defino: No appearance.
IT IS DIRECTED that disclosure shall proceed and be completed on or before the dates set forth as follows:
0 n or before December 18,2023, plaintiff shall serve a supplemental bill of particulars and a
response to defendant's outstanding demands for authorizations dated May 16, May 17, May 22,
ctober 11, and November 27, 2023.
) On or before January 10,2024, plaintiff shall serve a response to all other outstanding demands for
scovery and inspection from defendant.
( ) Depositi ns shall be completed as follows:
( Plaintiff's deposition shall be conducted on March 5, 2024.
( ) Defendant's deposition shall be conducted on March 11,2024.
( 4 Post-deposition demands shall be served 30 days after each party's deposition. Responses shall be
rved 30 days after receipt of said demands.
Physical examinations shall be completed on orb fore May 6, 2024
( ) edical reports shall be served on or before , 2024.
( All discovery shall be complete on or before June 20, 2024.
f• -c •
THE PARTIES ARE REMINDED THAT THEY LACK AUTHORITY TO ADJOURN COURT-ORDERED
DEPOSITIONS WITHOUT A PRIOR COURT ORDER AND ADJOURNMENTS WILL ONLY BE GRANTED FOR
GOOD CAUSE SHOWN. ANY SCHEDULING CONFLICTS BETWEEN COUNSEL MUST BE RESOLVED BY
THE PARTIES SO AS TO COMPLY WITH THIS COURT ORDER. NON-COMPLIANCE MAY RESULT IN A
WAIVER, THE ISSUANCE OF A BRIEFING SCHEDULE, AND/OR A TRUNCATED DISCOVERY SCHEDULE
FOR ANY REMAINING DISCOVERY.
Any failure to comply strictly with the terms hereof shall be grounds for the striking of pleadings or other relief
pursuant to CPLR 3126. Any parties failing to appear at the Compliance Conference shall be bound by the terms
Page! of 2
1 of 2
FILED: WESTCHESTER COUNTY CLERK 12/11/2023 05:04 PM INDEX NO. 56640/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/11/2023
hereof and any disclosure demands not raised at the Compliance Conference are deemed waived. The parties are
encouraged to participate in the Civil Mediation Program or seek an early settlement conference but are cautioned
that settlement negotiations do not extend discovery deadlines.
The parties shall appear for a Virtual Compliance Conference via Microsoft TEAMS on March 12, 2024 at
9:30 a.m.
Counsel shall consult regarding the matters to be addressed at the Compliance Conference before the
Conference as required by 22 NYCRR § 202.11 and shall make a good faith effort to reach agreement in advance
of the conference. At least 72 hours before the conference, counsel shall submit a joint email to the Part Clerk
- ituohvQnvcourts.gov - setting forth the date of their consultation, discovery issues resolved per their
agreement, proposed dates for completing the outstanding discovery and all issues that could not be resolved
by agreement of the parties to be discussed at the conference.
The foregoing constitutes the Report of the Court Attorney-Referee:
Dated: White Plains, NY
December i , 2023 Sh a rtista, Court Attorney-Referee
SO ORD
Dated: White Plains, NY
December 14 , 2023 Hon. Nan oba, J.S.C.
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Document Filed Date
December 11, 2023
Case Filing Date
February 09, 2023
Category
Torts - Other Negligence (Trip and Fall)
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FILED: WESTCHESTER COUNTY CLERK 12/11/2023 05:04 PM INDEX NO. 56640/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER - COMPLIANCE PART MARIAN PENDER, Plaintiff, COMPLIANCE CONFERENCE -against- REFEREE REPORT & ORDER Index No.: 56640/2023 S & G Date: July 23, 2024 KATHLEEN P. MAC SWEENEY, et. at., Defendants. SHEILA BAUTISTA, C.A.R. In accordance with CPLR 3104 and the CCM Rules of this Court, and pursuant to the Compliance Conference held before me on December 11, 2023, I recommend that the Court confirm the following Report: Appearances: Plaintiff: Rose Harper, Esq. Defendant: Alissa Mendys, Esq. Defendant Defino: No appearance. IT IS DIRECTED that disclosure shall proceed and be completed on or before the dates set forth as follows: 0 n or before December 18,2023, plaintiff shall serve a supplemental bill of particulars and a response to defendant's outstanding demands for authorizations dated May 16, May 17, May 22, ctober 11, and November 27, 2023. ) On or before January 10,2024, plaintiff shall serve a response to all other outstanding demands for scovery and inspection from defendant. ( ) Depositi ns shall be completed as follows: ( Plaintiff's deposition shall be conducted on March 5, 2024. ( ) Defendant's deposition shall be conducted on March 11,2024. ( 4 Post-deposition demands shall be served 30 days after each party's deposition. Responses shall be rved 30 days after receipt of said demands. Physical examinations shall be completed on orb fore May 6, 2024 ( ) edical reports shall be served on or before , 2024. ( All discovery shall be complete on or before June 20, 2024. f• -c • THE PARTIES ARE REMINDED THAT THEY LACK AUTHORITY TO ADJOURN COURT-ORDERED DEPOSITIONS WITHOUT A PRIOR COURT ORDER AND ADJOURNMENTS WILL ONLY BE GRANTED FOR GOOD CAUSE SHOWN. ANY SCHEDULING CONFLICTS BETWEEN COUNSEL MUST BE RESOLVED BY THE PARTIES SO AS TO COMPLY WITH THIS COURT ORDER. NON-COMPLIANCE MAY RESULT IN A WAIVER, THE ISSUANCE OF A BRIEFING SCHEDULE, AND/OR A TRUNCATED DISCOVERY SCHEDULE FOR ANY REMAINING DISCOVERY. Any failure to comply strictly with the terms hereof shall be grounds for the striking of pleadings or other relief pursuant to CPLR 3126. Any parties failing to appear at the Compliance Conference shall be bound by the terms Page! of 2 1 of 2 FILED: WESTCHESTER COUNTY CLERK 12/11/2023 05:04 PM INDEX NO. 56640/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/11/2023 hereof and any disclosure demands not raised at the Compliance Conference are deemed waived. The parties are encouraged to participate in the Civil Mediation Program or seek an early settlement conference but are cautioned that settlement negotiations do not extend discovery deadlines. The parties shall appear for a Virtual Compliance Conference via Microsoft TEAMS on March 12, 2024 at 9:30 a.m. Counsel shall consult regarding the matters to be addressed at the Compliance Conference before the Conference as required by 22 NYCRR § 202.11 and shall make a good faith effort to reach agreement in advance of the conference. At least 72 hours before the conference, counsel shall submit a joint email to the Part Clerk - ituohvQnvcourts.gov - setting forth the date of their consultation, discovery issues resolved per their agreement, proposed dates for completing the outstanding discovery and all issues that could not be resolved by agreement of the parties to be discussed at the conference. The foregoing constitutes the Report of the Court Attorney-Referee: Dated: White Plains, NY December i , 2023 Sh a rtista, Court Attorney-Referee SO ORD Dated: White Plains, NY December 14 , 2023 Hon. Nan oba, J.S.C. Page 2 of 2 2 of 2