On January 25, 2019 a
Order
was filed
involving a dispute between
Melissa Soudan,
and
University Of Rochester,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM INDEX NO. E2019000767
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3860369
Book Page CIVIL
Return To: No. Pages: 5
Emma Laws
99 Exchange blvd Instrument: ORDER
Rochester, NY 14614
Control #: 202405100232
Index #: E2019000767
Date: 05/10/2024
Soudan, Melissa Time: 9:43:00 AM
University of Rochester
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
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202405100232 Index #
INDEX : E2019000767
NO. E2019000767
FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024
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202405100232 IndexNO.
INDEX #: E2019000767
E2019000767
FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024
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202405100232 IndexNO.
INDEX #: E2019000767
E2019000767
FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024
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202405100232 IndexNO.
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E2019000767
FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024
JURY SELECTION PROCESS ORDER
HONORABLE JOSEPH D. WALDORF
____________________________________________________
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 18 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 immediately 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
peremptories 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 Joseph D. Waldorf
Justice of the Supreme Court
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Preview
FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM INDEX NO. E2019000767 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3860369 Book Page CIVIL Return To: No. Pages: 5 Emma Laws 99 Exchange blvd Instrument: ORDER Rochester, NY 14614 Control #: 202405100232 Index #: E2019000767 Date: 05/10/2024 Soudan, Melissa Time: 9:43:00 AM University of Rochester 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 5 202405100232 Index # INDEX : E2019000767 NO. E2019000767 FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024 2 of 5 202405100232 IndexNO. INDEX #: E2019000767 E2019000767 FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024 3 of 5 202405100232 IndexNO. INDEX #: E2019000767 E2019000767 FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024 4 of 5 202405100232 IndexNO. INDEX #: E2019000767 E2019000767 FILED: MONROE COUNTY CLERK 05/10/2024 09:43 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/10/2024 JURY SELECTION PROCESS ORDER HONORABLE JOSEPH D. WALDORF ____________________________________________________ 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 18 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 immediately 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 peremptories 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 Joseph D. Waldorf Justice of the Supreme Court 5 of 5