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FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021
MLM-5184
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------x INDEX NO: 152018/2021
DAWN SCHWARTZ and LARRY SCHWARTZ,
Plaintiff(s), COMBINED DEMANDS
- against -
GARY SPIERER, M.D., GATEWAY OBGYN
ASSOCIATES, P.C., NORTHWELL HEALTH
UNIVERSITY PHYSICIANS GROUP, NORTHWELL
HEALTH PHYSICIAN PARTNERS, INC., d/b/a
NORTHWELL HEALTH PHYSICIAN PARTNERS
OBSTETRICS & GYNECOLOGY AT CROMWELL AVENUE,
and NORTHWELL HEALTH, INC.,
Defendant(s).
--------------------------------------------x
PLEASE TAKE NOTICE, that defendant(s), GARY SPIERER, M.D. & GATEWAY
OBGYN ASSOCIATES, P.C., individually and through their agents, servants and
employees hereby serves the following combined demands upon plaintiff(s):
NOTICE TO PRODUCE
Plaintiff (s) are heroby 'required to produce the following:
1. Proof of filing of the Summons and Complaint;
2. Copy of the Affidavit of Service regarding defendant(s).
DEMAND PURSUANT TO CPLR §3012-a
Pursuant to CPLR §3012-a, plaintiff(s) are hereby required to provide
a Certificate of Merit.
NOTICE PURSUANT TO CPLR §2103(b) (5)
Pursuant to CPLR §2103(b) (5), counsel for de'fendant(s) declares that
they will not accept the transmission by electronic means of any paper or
document required to be servedupon this firmwithout the specific permission
of this firm for each document or paper so served.
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DEMAND PURSUANT TO CPLR §2103e
Pursuant to CPLR §2103(e), plaintiff(s) are hereby required to supply
a list of those who have appeared in this action, together with the names
and addresses of their 'attorney(s).
NOTICE OF DISCOVERY AND INSPECTION FOR ALL PHYSICIAN RECORDS
Plaintiff(s) are hereby required to produce for discovery, inspection
and copying by counsel for defendant(s), the following:
1. The name and address of any and all physicians, podiatrists,
chiropractors, therapists, medical institutions, nursing services, medical
personnel or hospitals whom the patient/plaintiff consulted with, was
treated by, or received advice from contemporaneously with or subsequent
to the treatment allegedly reridered by the above-named defendant(s);
2. Notarized, HIPAA compliant authorizations to obtain the reports and
records of the aforesaid physician(s), podiatrists, chiropractors,
therapists, medical institutions, hospitals, medical personnel and/or
nursing providers;
3. Notarized, HIPAA compliant authorizations to obtain ex-parte
interviews pursuant to Arons v. Jutkowitz (9NY3d 393) by Amabile & Erman,
with each of the individual(s)- or entitles listed/described above.
P.C.,
DEMAND PURSUANT TO CPLR §4545
Pursuant to CPLR §3101 and §4545(a), defendant(s) hereby request(s)
that plaintiff(s) provide copies of the following:
All documents, bills, invoices, receipts and/or cancelled
checks concerning indemnification, payment and/or
reimbursements in whole or in part, which plaintiff(s)
has/have received from collateral sources, including but not
Workers'
limited to insurance, Social Security, Compensation
and/or employment benefit programs for the cost of medical
care, custodial care, rehabilitation services, loss of
earnings and other economic loss which the plaintiff(s)will
claim as special damages in this action.
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DEMAND FOR STATEMENTS AND PHOTOGRAPHS
Pursuant to CPLR §3101, defendant (s) hereby demand (s) that the above
named plaintiff(s) produce a copy of each and every statement given by said
defendant (s) , whether signed or unsigned, written or recorded, including
bills, records, reports, letters of any kind and/or any photographs received
by said plaintiff(s), or their respective attorney(s), agent(s) or
representative (s) , fi om any said defendant (s) , or from any agent (s) ,
servant(s)' or employee(s) of any said defendant (s) and photographs taken
by said plaintiff(s), or any agent(s), servant(s) or employee(s) of said
'
plaintiff (s) depicting the alleged injury/injuries or defective
condition(s) claimed in this lawsuit and permitting said defendant (s) , or
the undersigned attorneys acting on behalf of said defendant(s), to inspect
and copy such statement (s) and writing (s) , recording (s) and/or
photograph(s).
DEMAND FOR MEDICAL PLAINTIFFS'
RECORDS IN POSSESSION
Pursuant to Article 31 of the CPLR, defendant(s), request(s) that
plaintiff(s) produce copies of the following:
1. A copy of the medical records plaintiff(s) maintain(s) at home or has
given to counsel with regard to patient/plaintiff (s) , medical care and
treatment;
2. A copy of all x-rays or other radiological studies and reports of the
patient/plaintiff(s), in possession of the plaintiff(s) or counsel
representing plaintiff(s).
DEMAND FOR DEFENDANT(S) RECORDS
Pursuant to CPLR §3101, plaintiff (s) is/are required to produce copies
of, or allow discovery and inspection of the following:
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All writings and/or documents made by the defendant(s),
including but not limited to bills, records, reports,
correspondence, notes, insurance forms, prescriptions and any
other memoranda, concerning the patient/plaintiff, in the
possession or control of plaintiff(s) or plaintiff(s)
representative and/or attorney.
DEMAND FOR DISCLOSURE AS TO MEDICARE, SSI,
SSDI and/or MEDICAID RECORDS
Pursuant to the requirements of the Medicare Secondary Payer Statute,
§1862(b) of the Social Security Act, 42 U.S.C. §1395(b) and Section 111 of
theMedicare, Medicaid and SCHIP Extension Act of 2007, 42 U.S.C. 1395y(b) (7)
and (8), defendant(s), demand that the plaintiff(s), provide the following
information:
1. Patient/Plaintiff(s) date of birth;
2. Patient/Plaintiff(s) Social Security Number;
3. Patient/Plaintiff(s) Health Identification Number;
4. Whether patient/plaintiff(s) has/have applied or have ever
received Medicare or Medicaid;
5. Whether patient/plaintiff(s) has/have applied for or has/have ever
received Medicare or Medicaid benefits;
If the answer to demand #5 is yes, then set forth:
a. The dates patient/plaintiff(s) received benefits;
b. Whether patient/plaintiff(s) received these benefits for the
injuries claimed in this lawsuit;
c. Patient/plaintiff (s) Health Insurance Claim Number (HICN);
d. The address of the office handling the patient/plaintiff(s)
Medicare or Mediãaid file;
e. Whether patient patient/plaintiff(s) has/have applied for or is
receiving SSI or SSDI benefits in connection with any accident or
illness which is the subject of this litigation, and include the address
of the office handling the patient patient/plaintiff(s) application;
f. Whether patient/plaintiff(s) has/have been diagnosed with or is
being treated for renal failure whether or not related to the claims
in the Complaint;
g. Whether any application for Medicare, Medicaid, SSI and/or SSDI
benefits has been denied tc patient/plaintiff(s);
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h. Whether patient/plaintiff(s) have appealed or intends to
appeal from any denial of said Medicare, Medicaid, SSI, or SSDI
benefits;
6. Whether any application for Medicare, Medicaid, SSI and/or SSDI is
pending;
7. Provide the Health Insurance Claim Number (HICN) issued to
patient/plaintiff(s) for any federal governmental benefits;
8. Whether Medicare and/or Medicaid has/have a lien regarding care and
services rendered to patient/plaintiff(s) and if so, state the amount
and attach relevant documentation;
9. Provide copies of documents, interim statements, records, memoranda,
notes, etc. in patient/plaintiff(s) possession pertaining to receipt
of Medicare, Social Security Disability and/or Medicaid benefits for
plaintiff(s), including copies of all documents provided to or received
from Medicare, Social Security Disability and/or Medicaid
administrators;
10. Provide copies of any claim summary documents from CMS, Medicare and/or
Medicaid pertaining to care, and services rendered to
patient/plaintiff(s);
11. If patient/plaintiff(s) have not received Medicare, Social Security
Disability and/or Medicaid benefits in the past or is not presumably
receiving Medicare, Social Security Disability and/or Medicaid
benefits, state whether patient/plaintiff(s) are eligible to receive
said benefits;
12. Provide an executed Social Security Consent Release form (SSA-3288)
attached hereto, to allow for release of information relating to
Medicare payments to patient patient/plaintiff(s);
13. Provide an executed Consent to Release Form (attached hereto) to allow
for release of patient/plaintiff(s) information from the Medicare
Secondary Payer Recovery Contractor (MSPRC); and
14. If this is a death case, also provide the above information for the
individual receiving survivor benefits.
DEMAND PURSUANT TO CPLR §306-c
Pursuant to CPLR §306-c, in the case of an individual who has suffered
personal injuries and has received medical assistance pursuant to titles
eleven and eleven-D of article five of the Social Services Law on or after
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the date of such injury, notice of the commencement of an action by or on
behalf of such individual for such personal injuries shall be sent to the
social services district in the county in which such recipient resides, or
to the Department of Health, by certified, return receipt requested, or
electronically in accord with regulations promulgated by the commissioner
of the Department of Health, within sixty (60) days of the completion of
service upon all parties to such action. Proof of sending such notice shall
be filed with the Court in accordance with rule three hundred six of that
article.
Pursuant to CPfaR §306-c the plaintiff(s) is/are hereby required to
furnish to the undersigned the following:
1. Proof that a notice of the commencement of an action by or on behalf
of the pati.ent/plaintiff(s) for such personal injuries was sent
to the social services district in the county in which such
recipient reslaes, Including but not limited to:
A. Copy of the notice sent to the Department of Social Services;
B. Copy of the proof of receipt of the notice by certified mail, return
receipt requested by the Department of Social Services; and
C. Copy of the proof of service by electronic service in accord with
regulations promulgated by the Commissioner of the Department of
Health upon the Department of Social Services.
2. Proof that a ñotice of the commencement of an action by or on behalf
of such individual for such personal injuries was sent to the
Department of Health, including but not limited to:
A. Copy of the notice sent to the Department of Social Services;
B. Copy of the proof of receipt of the notice by certified mail, return
receipt requested by the Department of Health;
C. Copy of the proof of service by electronic service in accord with
regulations promulgated by the Commissioner of the Department of
Health upon the Department of Health;
D. Copies of the proof that such notice was sent to the Department of
Social Services and/or the Department of Health which was filed with
the Court pursuant to CPLR §306-c.
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NOTICE TO PRESERVE
Pursuant to Articles 30 and 31 of the CPLR, you are hereby required
to preserve and maintain the Facebook, Linked In, Twitter, Myspace,
Instagram, YouTube and any other social media website accounts, not limited
to, plaintiff/patient's Facebook Walls, emails, wall postings (either
posted on his/her page or posted by him/her on other pages), and photographs.
If such materials are destroyed, altered and/otherwise made
unavailable, this defendant(s) reserves the right to move for any and all
available relief based upon the spoliation of evidence in this matter.
DEMAND FOR SOCIAL MEDIAL INFORMATION
PLEASE TAKE NOTICE, that pursuant to §3120 of the CPLR plaintiff is
hereby required to rurnish the undersigned authorizations to obtain full
plaintiff'
access t:o and copies of all of s current and historical social
networking accounts, including but not limited to Facebook, Twitter,
.MySpace, LinkedIn, Instagram, YouTube, etc., for the period of five (5) years
prior to the date of loss in'this matter as follows. (see Romano v. Steelcase,
Inc., 2006-2233 (Suffolk Co., Sup. Ct., September 21, 2010); and Servelli
v. Westchester, 2007-19051 (Westchester Sup. Ct., December 22, 2010),
1. Said authorizations shall permit the release of full and complete
copies of said accounts including but not limited to:
• all records, information, photographs, videos,
comments, messages and posting on the social
networking accounts currently existing and deleted.
2. Said authorization shall include the name, user name, password,
screen name and e-mail account used in creating each social
networking account.
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3. If plaintiff was not a registered user of any social network during
the requested time, defendant demands a statement from plaintiff,
under oath, to that effect.
IT IS FURTHER DEMANDED that plaintiff preserve and prevent/refrain from
plaintiff'
the deletion of all of s social networking profiles and
information with respect to any current and histor.ical social networking
accounts, including but not limited to Facebook, Twitter, MySpace, LinkedIn,
Instagram and YouTube existing as of the date of this demand. Failure to
retain said social networking profiles and information will result in a
motion based ori the spoliation of evidence at or before trial.
DEMAND FOR THERAPY RECORDS
Plaintiff (s) are hereby required to furnish counsel for defendant(s)
the following:
1. Names, addresses, reports and records of all physical therapists
whom the patient/plaintiff (s) saw, consulted with, and was treated by or
received advice from prior to, contemporaneously with, or after the
treatment allegedly rendered by defendant (s) ;
2. Names, addresses, reports and records of all occupational
therapists whom the patient/plaintiff (s) saw, consulted with, and was
treated by or received advice fromprior to, contemporaneously with, or after
the treatment allegedly rendered by defendant (s) ;
3. Names, addresses, reports and records of all speech therapists
whom the patient/plaintiff(s) saw, consulted with, and was treated by or
received advice from prior to, contemporaneously with, or after the
treatment allegedly rendered by defendant (s) ;
4. Names, addresses, reports and records of all vocational
rehabilitation therapists whom the patient/plaintiff (s) saw, consulted
with, and was treated by or received advice from prior to, contemporaneously
with, or after the treatment allegedly rendered by defendant(s);
5. Names, addresses, reports and records of all functional
rehabilitation therapists whom the patient/plaintiff (s) saw, consulted
with, and was treated by or received advice from prior to, contemporaneously
with, or subsequent to the treatment allegedly rendered by defendant(s);
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A. HIPAA compliant authorizations to obtain records of the above
referenced individuals.
B. Obtain ex-parte interviews pursuant to Aarons v. Jutkowitz (9NY3d
393) oy Amabile & Erman, P.C., with each of the individuals or
entities listed above.
DEMAND FOR MEDICAL/EXAM REPORTS
Pursuant to CI?LR S3121 and pursuant to §202 of the New York Rules of
Court, the defendant(s) hereby demand(s) that plaintiff(s) produce an exact
and true copy of the report of each physician who either treated or examined
the patient/plaintiff(s) for the conditions and injuries claimed herein,
irrespective of whether it is presently intended that said physician(s) will
be called as a witness at the time of trial.
NOTICE TO PRODUCE EMPLOYMENT RECORDS
Plaintiff(s) is/are hereby required to produce for discovery,
inspection and copying by counsel for defendant(s), authorizations for all
records pertaining Lo the patient/plaintiff(s) from the following:
1. Please identify by full name and address the patient/plaintiff(s)
prior employers and provide an authorization for their records.
2. Please identify by claimnumber any and all disability claims made
by the patient/plaintiff(s) herein and provide an authorization for said
records.
3. Please identify by claim number any Workers Compensation claims
made by the patient/plaintiff(s) herein and provide an authorization for
said records.
DEMAND FOR ECONOMIC LOSS
Pursuant to CPLR §3120, plaintiff(s) are hereby required to furnish
the defendant(s) the following:
1. All documents that will be used at the trial to establish any
claimed economic loss including, but not limited to, bills, cancelled
checks, insurance forms, etc.
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-DEMAND FOR WITNESS INFORMATION
Pursuant to CPLR §3101, defendant(s) hereby demand that plaintiff(s)
set forth the name and address of each person claimed to be a witness to
the occurrence or occurrences alleged in the Complaint, as well as all notice
witnesses, and, if applicable, any and all witnesses who has knowledge of,
or will testify to information that is against the interests of defendant(s)
on the issues of liability and/or damages,.and any and all witnesses to the
treatment rendered by the defendant(s) herein or any conversation between
the defendant(s) -herein and the patient/plaintiff(s) or any other person
or physician.
If no such witnesses are known to the patient/plaintiff(s), same must
be stated in a reply to this 'demand. Defendant(s) will object at trial to
the testimony of any witnesses not identified pursuant to this notice.
DEMAND FOR LIEN INFORMATION
Pursuant to CPER §3120, plaintiff(s) is/are required to produce and
furnish copies of all liens pertaining to the above captioned lawsuit.
DEMAND FOR DIARIES / CALENDARS
Pursuant to CPLR §3120, defendant(s), hereby demand that plaintiff(s)
produce and furnish a copy of all diaries, calendars and / or any other
written documentation prepared by the patient/plaintiff(s) or anyone on the
patient/plaintiff(s) behalf, within which entries appear regarding the
patient/plaintiff(s) medical care, medical appointments, conversations
with physicians regarding the patient/plaintiff(s) medical condition,
status, etc. and/or any other issue related to the present lawsuit.
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DEMAND FOR MOVIES / VIDEOS
Pursuant to CPLR §3120, the plaintiff(s) is/are hereby required to
provide defendant(s) the following:
1. A copy of all movies, videos or other video/visual reproduction
of the patient/plaintiff(s) which the plaintiff(s) plan to introduce at
trial;
2. A statement indicating the name and address of: a) All persons
who made and/or appear in the video/visual reproduction(s); b) All persons
who edited the video/visual reproduction(s); c) The date, time and location
each video/visual production(s) was made/recorded.
NOTICE TO PRODUCE PRIOR LAWSUITS
Pursuant to article 31 of the CPLR, defendant(s), demand that
plaintiff(s) produce copies of the following:
Full caption, Index Number, copies of pleadings and name and
adciress of all counsel for plaintiff(s) and counsel for
defendant(s) concerning any other lawsuit or claim commenced
on behalf of the patient/plaintiff herein.
DEMAND FOR COPIES OF ALLEGED ALTERED RECORDS
Pursuant to CPLR §3101 and §3124, plaintiff(s) are hereby required to
produce for discovery and inspection the following:
A. Written notices of all medical/hospital and or prescription records
and documentation which plaintiff(s) expects to claim at trial were
altered, improperly created, falsified, or changed by the
defendant(s).
B. Copies of all medical/hospital and/or prescription records and
documentation which plaintiff(s) expect(s) to claim at trial were
altered, improperly created, falsified, or changed by the
defendant(s). Copies of both the unaltered/unchanged and
plaintiff'
altered/changed documents that are in s(s) possession,
custody or control must be produced, to the extent that they exist.
C. Written notice of and copies of all medical/hospital and/or
prescription records and documentation which plaintiff(s) expect(s)
to claim at trial were improperly removed by defendant(s) from all
medical records referable to the patient/plaintiff(s) herein.
D. Written notice of and copies of all medical/hospital prescription
records and documentation, the originals of which plaintiff(s)
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expect(s) to claim at trial were destroyed or discarded by the
defendant(s).
DEMAND FOR MARRIAGE CERTIFICATE
Pursuant to CPLB.S4526, the plaintiff(s) are hereby required to produce
for discovery, inspection and copying the following:
• A executed of the plaintiff(s) Marriage Certificate;
duly copy
• executed authorizations defendant(s) to obtain
Duly permitting
copies of any marriage certificate, or other writings, evidencing
the marriage allegedly existing by and between the plaintiff(s)
herein.
DEMAND FOR PRIVATE DUTY NURSES
is/are'
Plaintiff(s) hereby required to produce for discovery and
inspection and copying by counsel for defendant(s) the following:
The names and adriresses for any/all private duty nurses whom
the patient/plaintif·f(s) saw consulted with was treated by or
received advice fromcontemporaneously with or after treatment
allegedly rendered by the above-named defendant(s).
Authorization(s) to obtain the reports, records of the said
private duty nurses.
DEMAND FOR PHARMACY RECORDS
Plaintiff(s) is/are hereby required to produce the following:
Full name, address, and authorization(s) for all prior and
subsequent treating pharmacy records/prescriptions profiles.
DEMAND FOR BANKRUPTCY RECORDS
. .
Plaintiff(s) is/are hereby required to produce the following:
Copies of all petitions for bankruptcy, schedules of assets,
schedules of creditors, bankruptcy
Preview
FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 MLM-5184 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------------x INDEX NO: 152018/2021 DAWN SCHWARTZ and LARRY SCHWARTZ, Plaintiff(s), COMBINED DEMANDS - against - GARY SPIERER, M.D., GATEWAY OBGYN ASSOCIATES, P.C., NORTHWELL HEALTH UNIVERSITY PHYSICIANS GROUP, NORTHWELL HEALTH PHYSICIAN PARTNERS, INC., d/b/a NORTHWELL HEALTH PHYSICIAN PARTNERS OBSTETRICS & GYNECOLOGY AT CROMWELL AVENUE, and NORTHWELL HEALTH, INC., Defendant(s). --------------------------------------------x PLEASE TAKE NOTICE, that defendant(s), GARY SPIERER, M.D. & GATEWAY OBGYN ASSOCIATES, P.C., individually and through their agents, servants and employees hereby serves the following combined demands upon plaintiff(s): NOTICE TO PRODUCE Plaintiff (s) are heroby 'required to produce the following: 1. Proof of filing of the Summons and Complaint; 2. Copy of the Affidavit of Service regarding defendant(s). DEMAND PURSUANT TO CPLR §3012-a Pursuant to CPLR §3012-a, plaintiff(s) are hereby required to provide a Certificate of Merit. NOTICE PURSUANT TO CPLR §2103(b) (5) Pursuant to CPLR §2103(b) (5), counsel for de'fendant(s) declares that they will not accept the transmission by electronic means of any paper or document required to be servedupon this firmwithout the specific permission of this firm for each document or paper so served. 1 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 DEMAND PURSUANT TO CPLR §2103e Pursuant to CPLR §2103(e), plaintiff(s) are hereby required to supply a list of those who have appeared in this action, together with the names and addresses of their 'attorney(s). NOTICE OF DISCOVERY AND INSPECTION FOR ALL PHYSICIAN RECORDS Plaintiff(s) are hereby required to produce for discovery, inspection and copying by counsel for defendant(s), the following: 1. The name and address of any and all physicians, podiatrists, chiropractors, therapists, medical institutions, nursing services, medical personnel or hospitals whom the patient/plaintiff consulted with, was treated by, or received advice from contemporaneously with or subsequent to the treatment allegedly reridered by the above-named defendant(s); 2. Notarized, HIPAA compliant authorizations to obtain the reports and records of the aforesaid physician(s), podiatrists, chiropractors, therapists, medical institutions, hospitals, medical personnel and/or nursing providers; 3. Notarized, HIPAA compliant authorizations to obtain ex-parte interviews pursuant to Arons v. Jutkowitz (9NY3d 393) by Amabile & Erman, with each of the individual(s)- or entitles listed/described above. P.C., DEMAND PURSUANT TO CPLR §4545 Pursuant to CPLR §3101 and §4545(a), defendant(s) hereby request(s) that plaintiff(s) provide copies of the following: All documents, bills, invoices, receipts and/or cancelled checks concerning indemnification, payment and/or reimbursements in whole or in part, which plaintiff(s) has/have received from collateral sources, including but not Workers' limited to insurance, Social Security, Compensation and/or employment benefit programs for the cost of medical care, custodial care, rehabilitation services, loss of earnings and other economic loss which the plaintiff(s)will claim as special damages in this action. 2 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 DEMAND FOR STATEMENTS AND PHOTOGRAPHS Pursuant to CPLR §3101, defendant (s) hereby demand (s) that the above named plaintiff(s) produce a copy of each and every statement given by said defendant (s) , whether signed or unsigned, written or recorded, including bills, records, reports, letters of any kind and/or any photographs received by said plaintiff(s), or their respective attorney(s), agent(s) or representative (s) , fi om any said defendant (s) , or from any agent (s) , servant(s)' or employee(s) of any said defendant (s) and photographs taken by said plaintiff(s), or any agent(s), servant(s) or employee(s) of said ' plaintiff (s) depicting the alleged injury/injuries or defective condition(s) claimed in this lawsuit and permitting said defendant (s) , or the undersigned attorneys acting on behalf of said defendant(s), to inspect and copy such statement (s) and writing (s) , recording (s) and/or photograph(s). DEMAND FOR MEDICAL PLAINTIFFS' RECORDS IN POSSESSION Pursuant to Article 31 of the CPLR, defendant(s), request(s) that plaintiff(s) produce copies of the following: 1. A copy of the medical records plaintiff(s) maintain(s) at home or has given to counsel with regard to patient/plaintiff (s) , medical care and treatment; 2. A copy of all x-rays or other radiological studies and reports of the patient/plaintiff(s), in possession of the plaintiff(s) or counsel representing plaintiff(s). DEMAND FOR DEFENDANT(S) RECORDS Pursuant to CPLR §3101, plaintiff (s) is/are required to produce copies of, or allow discovery and inspection of the following: 3 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 All writings and/or documents made by the defendant(s), including but not limited to bills, records, reports, correspondence, notes, insurance forms, prescriptions and any other memoranda, concerning the patient/plaintiff, in the possession or control of plaintiff(s) or plaintiff(s) representative and/or attorney. DEMAND FOR DISCLOSURE AS TO MEDICARE, SSI, SSDI and/or MEDICAID RECORDS Pursuant to the requirements of the Medicare Secondary Payer Statute, §1862(b) of the Social Security Act, 42 U.S.C. §1395(b) and Section 111 of theMedicare, Medicaid and SCHIP Extension Act of 2007, 42 U.S.C. 1395y(b) (7) and (8), defendant(s), demand that the plaintiff(s), provide the following information: 1. Patient/Plaintiff(s) date of birth; 2. Patient/Plaintiff(s) Social Security Number; 3. Patient/Plaintiff(s) Health Identification Number; 4. Whether patient/plaintiff(s) has/have applied or have ever received Medicare or Medicaid; 5. Whether patient/plaintiff(s) has/have applied for or has/have ever received Medicare or Medicaid benefits; If the answer to demand #5 is yes, then set forth: a. The dates patient/plaintiff(s) received benefits; b. Whether patient/plaintiff(s) received these benefits for the injuries claimed in this lawsuit; c. Patient/plaintiff (s) Health Insurance Claim Number (HICN); d. The address of the office handling the patient/plaintiff(s) Medicare or Mediãaid file; e. Whether patient patient/plaintiff(s) has/have applied for or is receiving SSI or SSDI benefits in connection with any accident or illness which is the subject of this litigation, and include the address of the office handling the patient patient/plaintiff(s) application; f. Whether patient/plaintiff(s) has/have been diagnosed with or is being treated for renal failure whether or not related to the claims in the Complaint; g. Whether any application for Medicare, Medicaid, SSI and/or SSDI benefits has been denied tc patient/plaintiff(s); 4 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 h. Whether patient/plaintiff(s) have appealed or intends to appeal from any denial of said Medicare, Medicaid, SSI, or SSDI benefits; 6. Whether any application for Medicare, Medicaid, SSI and/or SSDI is pending; 7. Provide the Health Insurance Claim Number (HICN) issued to patient/plaintiff(s) for any federal governmental benefits; 8. Whether Medicare and/or Medicaid has/have a lien regarding care and services rendered to patient/plaintiff(s) and if so, state the amount and attach relevant documentation; 9. Provide copies of documents, interim statements, records, memoranda, notes, etc. in patient/plaintiff(s) possession pertaining to receipt of Medicare, Social Security Disability and/or Medicaid benefits for plaintiff(s), including copies of all documents provided to or received from Medicare, Social Security Disability and/or Medicaid administrators; 10. Provide copies of any claim summary documents from CMS, Medicare and/or Medicaid pertaining to care, and services rendered to patient/plaintiff(s); 11. If patient/plaintiff(s) have not received Medicare, Social Security Disability and/or Medicaid benefits in the past or is not presumably receiving Medicare, Social Security Disability and/or Medicaid benefits, state whether patient/plaintiff(s) are eligible to receive said benefits; 12. Provide an executed Social Security Consent Release form (SSA-3288) attached hereto, to allow for release of information relating to Medicare payments to patient patient/plaintiff(s); 13. Provide an executed Consent to Release Form (attached hereto) to allow for release of patient/plaintiff(s) information from the Medicare Secondary Payer Recovery Contractor (MSPRC); and 14. If this is a death case, also provide the above information for the individual receiving survivor benefits. DEMAND PURSUANT TO CPLR §306-c Pursuant to CPLR §306-c, in the case of an individual who has suffered personal injuries and has received medical assistance pursuant to titles eleven and eleven-D of article five of the Social Services Law on or after 5 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 the date of such injury, notice of the commencement of an action by or on behalf of such individual for such personal injuries shall be sent to the social services district in the county in which such recipient resides, or to the Department of Health, by certified, return receipt requested, or electronically in accord with regulations promulgated by the commissioner of the Department of Health, within sixty (60) days of the completion of service upon all parties to such action. Proof of sending such notice shall be filed with the Court in accordance with rule three hundred six of that article. Pursuant to CPfaR §306-c the plaintiff(s) is/are hereby required to furnish to the undersigned the following: 1. Proof that a notice of the commencement of an action by or on behalf of the pati.ent/plaintiff(s) for such personal injuries was sent to the social services district in the county in which such recipient reslaes, Including but not limited to: A. Copy of the notice sent to the Department of Social Services; B. Copy of the proof of receipt of the notice by certified mail, return receipt requested by the Department of Social Services; and C. Copy of the proof of service by electronic service in accord with regulations promulgated by the Commissioner of the Department of Health upon the Department of Social Services. 2. Proof that a ñotice of the commencement of an action by or on behalf of such individual for such personal injuries was sent to the Department of Health, including but not limited to: A. Copy of the notice sent to the Department of Social Services; B. Copy of the proof of receipt of the notice by certified mail, return receipt requested by the Department of Health; C. Copy of the proof of service by electronic service in accord with regulations promulgated by the Commissioner of the Department of Health upon the Department of Health; D. Copies of the proof that such notice was sent to the Department of Social Services and/or the Department of Health which was filed with the Court pursuant to CPLR §306-c. 6 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 NOTICE TO PRESERVE Pursuant to Articles 30 and 31 of the CPLR, you are hereby required to preserve and maintain the Facebook, Linked In, Twitter, Myspace, Instagram, YouTube and any other social media website accounts, not limited to, plaintiff/patient's Facebook Walls, emails, wall postings (either posted on his/her page or posted by him/her on other pages), and photographs. If such materials are destroyed, altered and/otherwise made unavailable, this defendant(s) reserves the right to move for any and all available relief based upon the spoliation of evidence in this matter. DEMAND FOR SOCIAL MEDIAL INFORMATION PLEASE TAKE NOTICE, that pursuant to §3120 of the CPLR plaintiff is hereby required to rurnish the undersigned authorizations to obtain full plaintiff' access t:o and copies of all of s current and historical social networking accounts, including but not limited to Facebook, Twitter, .MySpace, LinkedIn, Instagram, YouTube, etc., for the period of five (5) years prior to the date of loss in'this matter as follows. (see Romano v. Steelcase, Inc., 2006-2233 (Suffolk Co., Sup. Ct., September 21, 2010); and Servelli v. Westchester, 2007-19051 (Westchester Sup. Ct., December 22, 2010), 1. Said authorizations shall permit the release of full and complete copies of said accounts including but not limited to: • all records, information, photographs, videos, comments, messages and posting on the social networking accounts currently existing and deleted. 2. Said authorization shall include the name, user name, password, screen name and e-mail account used in creating each social networking account. 7 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 3. If plaintiff was not a registered user of any social network during the requested time, defendant demands a statement from plaintiff, under oath, to that effect. IT IS FURTHER DEMANDED that plaintiff preserve and prevent/refrain from plaintiff' the deletion of all of s social networking profiles and information with respect to any current and histor.ical social networking accounts, including but not limited to Facebook, Twitter, MySpace, LinkedIn, Instagram and YouTube existing as of the date of this demand. Failure to retain said social networking profiles and information will result in a motion based ori the spoliation of evidence at or before trial. DEMAND FOR THERAPY RECORDS Plaintiff (s) are hereby required to furnish counsel for defendant(s) the following: 1. Names, addresses, reports and records of all physical therapists whom the patient/plaintiff (s) saw, consulted with, and was treated by or received advice from prior to, contemporaneously with, or after the treatment allegedly rendered by defendant (s) ; 2. Names, addresses, reports and records of all occupational therapists whom the patient/plaintiff (s) saw, consulted with, and was treated by or received advice fromprior to, contemporaneously with, or after the treatment allegedly rendered by defendant (s) ; 3. Names, addresses, reports and records of all speech therapists whom the patient/plaintiff(s) saw, consulted with, and was treated by or received advice from prior to, contemporaneously with, or after the treatment allegedly rendered by defendant (s) ; 4. Names, addresses, reports and records of all vocational rehabilitation therapists whom the patient/plaintiff (s) saw, consulted with, and was treated by or received advice from prior to, contemporaneously with, or after the treatment allegedly rendered by defendant(s); 5. Names, addresses, reports and records of all functional rehabilitation therapists whom the patient/plaintiff (s) saw, consulted with, and was treated by or received advice from prior to, contemporaneously with, or subsequent to the treatment allegedly rendered by defendant(s); 8 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 A. HIPAA compliant authorizations to obtain records of the above referenced individuals. B. Obtain ex-parte interviews pursuant to Aarons v. Jutkowitz (9NY3d 393) oy Amabile & Erman, P.C., with each of the individuals or entities listed above. DEMAND FOR MEDICAL/EXAM REPORTS Pursuant to CI?LR S3121 and pursuant to §202 of the New York Rules of Court, the defendant(s) hereby demand(s) that plaintiff(s) produce an exact and true copy of the report of each physician who either treated or examined the patient/plaintiff(s) for the conditions and injuries claimed herein, irrespective of whether it is presently intended that said physician(s) will be called as a witness at the time of trial. NOTICE TO PRODUCE EMPLOYMENT RECORDS Plaintiff(s) is/are hereby required to produce for discovery, inspection and copying by counsel for defendant(s), authorizations for all records pertaining Lo the patient/plaintiff(s) from the following: 1. Please identify by full name and address the patient/plaintiff(s) prior employers and provide an authorization for their records. 2. Please identify by claimnumber any and all disability claims made by the patient/plaintiff(s) herein and provide an authorization for said records. 3. Please identify by claim number any Workers Compensation claims made by the patient/plaintiff(s) herein and provide an authorization for said records. DEMAND FOR ECONOMIC LOSS Pursuant to CPLR §3120, plaintiff(s) are hereby required to furnish the defendant(s) the following: 1. All documents that will be used at the trial to establish any claimed economic loss including, but not limited to, bills, cancelled checks, insurance forms, etc. 9 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 -DEMAND FOR WITNESS INFORMATION Pursuant to CPLR §3101, defendant(s) hereby demand that plaintiff(s) set forth the name and address of each person claimed to be a witness to the occurrence or occurrences alleged in the Complaint, as well as all notice witnesses, and, if applicable, any and all witnesses who has knowledge of, or will testify to information that is against the interests of defendant(s) on the issues of liability and/or damages,.and any and all witnesses to the treatment rendered by the defendant(s) herein or any conversation between the defendant(s) -herein and the patient/plaintiff(s) or any other person or physician. If no such witnesses are known to the patient/plaintiff(s), same must be stated in a reply to this 'demand. Defendant(s) will object at trial to the testimony of any witnesses not identified pursuant to this notice. DEMAND FOR LIEN INFORMATION Pursuant to CPER §3120, plaintiff(s) is/are required to produce and furnish copies of all liens pertaining to the above captioned lawsuit. DEMAND FOR DIARIES / CALENDARS Pursuant to CPLR §3120, defendant(s), hereby demand that plaintiff(s) produce and furnish a copy of all diaries, calendars and / or any other written documentation prepared by the patient/plaintiff(s) or anyone on the patient/plaintiff(s) behalf, within which entries appear regarding the patient/plaintiff(s) medical care, medical appointments, conversations with physicians regarding the patient/plaintiff(s) medical condition, status, etc. and/or any other issue related to the present lawsuit. 10 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 DEMAND FOR MOVIES / VIDEOS Pursuant to CPLR §3120, the plaintiff(s) is/are hereby required to provide defendant(s) the following: 1. A copy of all movies, videos or other video/visual reproduction of the patient/plaintiff(s) which the plaintiff(s) plan to introduce at trial; 2. A statement indicating the name and address of: a) All persons who made and/or appear in the video/visual reproduction(s); b) All persons who edited the video/visual reproduction(s); c) The date, time and location each video/visual production(s) was made/recorded. NOTICE TO PRODUCE PRIOR LAWSUITS Pursuant to article 31 of the CPLR, defendant(s), demand that plaintiff(s) produce copies of the following: Full caption, Index Number, copies of pleadings and name and adciress of all counsel for plaintiff(s) and counsel for defendant(s) concerning any other lawsuit or claim commenced on behalf of the patient/plaintiff herein. DEMAND FOR COPIES OF ALLEGED ALTERED RECORDS Pursuant to CPLR §3101 and §3124, plaintiff(s) are hereby required to produce for discovery and inspection the following: A. Written notices of all medical/hospital and or prescription records and documentation which plaintiff(s) expects to claim at trial were altered, improperly created, falsified, or changed by the defendant(s). B. Copies of all medical/hospital and/or prescription records and documentation which plaintiff(s) expect(s) to claim at trial were altered, improperly created, falsified, or changed by the defendant(s). Copies of both the unaltered/unchanged and plaintiff' altered/changed documents that are in s(s) possession, custody or control must be produced, to the extent that they exist. C. Written notice of and copies of all medical/hospital and/or prescription records and documentation which plaintiff(s) expect(s) to claim at trial were improperly removed by defendant(s) from all medical records referable to the patient/plaintiff(s) herein. D. Written notice of and copies of all medical/hospital prescription records and documentation, the originals of which plaintiff(s) 11 of 16 FILED: RICHMOND COUNTY CLERK 12/01/2021 12:38 PM INDEX NO. 152018/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 12/01/2021 expect(s) to claim at trial were destroyed or discarded by the defendant(s). DEMAND FOR MARRIAGE CERTIFICATE Pursuant to CPLB.S4526, the plaintiff(s) are hereby required to produce for discovery, inspection and copying the following: • A executed of the plaintiff(s) Marriage Certificate; duly copy • executed authorizations defendant(s) to obtain Duly permitting copies of any marriage certificate, or other writings, evidencing the marriage allegedly existing by and between the plaintiff(s) herein. DEMAND FOR PRIVATE DUTY NURSES is/are' Plaintiff(s) hereby required to produce for discovery and inspection and copying by counsel for defendant(s) the following: The names and adriresses for any/all private duty nurses whom the patient/plaintif·f(s) saw consulted with was treated by or received advice fromcontemporaneously with or after treatment allegedly rendered by the above-named defendant(s). Authorization(s) to obtain the reports, records of the said private duty nurses. DEMAND FOR PHARMACY RECORDS Plaintiff(s) is/are hereby required to produce the following: Full name, address, and authorization(s) for all prior and subsequent treating pharmacy records/prescriptions profiles. DEMAND FOR BANKRUPTCY RECORDS . . Plaintiff(s) is/are hereby required to produce the following: Copies of all petitions for bankruptcy, schedules of assets, schedules of creditors, bankruptcy