Preview
FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022
Onondaga County Supreme and County Court
505 South State Street, Suite 110
Syracuse, New York 13202
Phone: (315) 671-1030
ononsupremecivil@nycourts.gov
Diane Helbig
Chief Clerk Deputy Chief Clerk
June 22, 2022
All Counsel
VIA E-FILE ONLY
Re: Charles D. Townsend, etc. v. Mark T. Baesl M.D., et al.
Index. No. 009708/2021
Dear Counselors:
Please be advised that an Alternative Dispute Resolution Determination and Preliminary
Conference has been scheduled for July 12, 2022, at 10:30 a.m. before Hon. Gerard J. Neri, via
Microsoft Teams. Please contact Secretary Jackie LaMott via email at jlamott@nycourts.gov and
provide a direct phone number that you may be reached in case there is an issue with the video
conference.
The Court directs all participants log on to the conference 15 minutes prior to the scheduled
start time. It is important to make sure both your camera and microphone work prior to the
conference. Instructions on how to access and use Microsoft Teams can be found by clicking on
the first link listed below. If you need further assistance, you may schedule a test meeting by
filling out the form available through the second link below. If the link’s do not open by clicking
on them, copy and paste the link into the browser.
https://portal.nycourts.gov/knowledgebase/article/KA-01071/en-us
https://www.cognitoforms.com/NYSUnifiedCourtSystemOCADivisionOfTechnology/NewYork
StateVirtualCourtAppearanceAudioVideoTestRequest
Alternative Dispute Resolution (“ADR”) Determination
Pursuant to the Alternative Dispute Resolution Plan for the Fifth Judicial District
(http://ww2.nycourts.gov/courts/5jd/index), before and/or during the Preliminary Conference, the
Court shall screen the case in order to determine if early ADR is appropriate.
Attorneys fully familiar with the case shall be present at the Preliminary Conference and be
prepared to discuss possible settlement of the case. If the attorney does not have final settlement
authority, a person with final settlement authority shall either be present with the attorney or appear
as otherwise authorized by the Court. If the case is not settled, then ADR alternatives and the need
for any preliminary discovery prior to ADR, shall be discussed.
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The case shall be referred immediately to the appropriate ADR process unless the Court, in its sole
discretion after discussion with the parties or their attorneys, determines that discovery is necessary
prior to ADR.
Preliminary Conference Stipulation and Order
A Preliminary Conference Stipulation and Order is enclosed. The parties are to confer and agree
upon proposed specific deadlines for the completion of all remaining discovery, including expert
disclosure, and for the filing of the Note of Issue and Certificate of Readiness.
The Court directs the parties to e-file the proposed Stipulation and Order for the Court’s
review and approval prior to the scheduled ADR Determination and Preliminary
Conference.
Pursuant to 22 NYCRR § 202.12(b), where a case is reasonably likely to include electronic
discovery, attorneys for all parties who appear at the Preliminary Conference must be sufficiently
versed in matters relating to their clients’ technological systems to discuss competently all issues
relating to electronic discovery. Attorneys may bring a client representative or outside expert to
assist in such electronic discovery discussions.
Any failure to appear as directed at the scheduled Alternative Dispute Resolution
Determination and Preliminary Conference may be deemed a default by the Court pursuant
to 22 NYCRR § 202.27.
Sincerely,
Theresa West
Court Clerk to
Hon. Gerard J. Neri, J.S.C.
(315) 671-1133 – chambers
tjwest@nycourts.gov
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022
Revised 03/09/2022
Presiding: HON GERARD J. NERI, J.S.C.
ALTERNATIVE DISPUTE
Charles D. Townsend Individually and as Executor of the RESOLUTION
Estate of Sharon A. Townsend, DETERMINATION and
PRELIMINARY CONFERENCE
Plaintiff, STIPULATION and ORDER
v. (Uniform Rules §§ 202.8, 202.12
and 202.56(b))
Mark T. Baesl M.D., Prospect Hill Radiology Group, P.C., St.
Joseph's Imaging Associates, PLLC, St. Joseph's Health, Inc., Index No.: 009708/2021
St. Joseph's Physician Health, P.C., St. Joseph's Hospital
Health Center, Trinity Health, Trinity Health Corporation,
ABC Entities 1-5,
Defendants.
Alternative Dispute Resolution Status
Pursuant to the Alternative Dispute Resolution Plan for the Fifth Judicial District
(effective November 20, 2019) check box (a) or (b):
(a) □ The Court has determined that Alternative Dispute Resolution is not appropriate
in this matter at this time or
(b) □ The Court has determined that Alternative Dispute Resolution is not appropriate
in this matter until check box (i) or (ii):
(i) □ the following preliminary discovery has been completed:
Check appropriate box(es) and complete the appropriate numbered paragraphs:
□ (1) Electronic Discovery □ (8) Eyewitnesses
□ (2) Insurance Agreement □ (9) Employment Authorizations
□ (3) and (4) Bill of Particulars □ (10) Demands and Interrogatories
□ (5) Medical Reports □ (11) Accident Reports
□ (6) Physical Examination □ (12) Collateral Sources
□ (7) Depositions □ (28) Other
or
(ii) □ full discovery has been completed.
complete the numbered paragraphs (1) through (15), (17) and (28).
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
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Enter actual date or06/23/2022
“N/A” if not applicable
(1) Electronic Discovery (see 22 NYCRR § 202.12(c)(3))
Check box (a), (b) or (c):
(a) □ There is no Electronic Discovery required or
(b) □ The parties have prepared and attached a separate Electronic
Discovery Stipulation and Order establishing the method and
scope of any electronic discovery pursuant to 22 NYCRR
§ 202.12(c)(3) or
(c) □ An Electronic Discovery Conference shall be held on (To be _________________
filled in by Court) .......................................................................
at _______________
Attorneys for all parties who appear at the Electronic Discovery
Conference must be sufficiently versed in matters relating to
their clients’ technological systems to discuss competently all
issues relating to electronic discovery. Attorneys may bring a
client representative or outside expert to assist in such
electronic discovery discussions.
(2) Insurance Agreement (CPLR § 3101(f)), if not already provided,
shall be furnished by ............................................................................
_________________
(3) Demands for Bill of Particulars shall be served by ..........................
_________________
(4) Bills of Particulars shall be served by ................................................
_________________
(5) Medical Reports and Authorizations shall be served by .................
_________________
(6) Physical Examination of ___________________________________
shall be conducted by ____________________________________
_________________
and shall be completed by .....................................................................
A copy of the Physician’s Report shall be furnished to Plaintiff(s)
within _____ days of the examination.
(7) Check either (a) or (b):
(a) □ Depositions shall be held as follows:
DEPONENT LOCATION
___________________________ ________________________ on _________________
___________________________ ________________________ on _________________
___________________________ ________________________ on _________________
or
(b) □ The parties shall set a schedule for Depositions, which are to be
_________________
held no later than ..................................................................................
The Parties shall provide the Court with the schedule.
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Enter actual date or
“N/A” if not applicable
(8) All parties shall exchange names and addresses of all eyewitnesses and
notice witnesses, statements of opposing parties and photographs,
or if none, provide an affirmation to the effect, by ............................... _________________
(9) Authorizations for Plaintiff(s)’s employment records for the
period ____________ to _____________ shall be furnished by .......... _________________
(10) Demands for Discovery and Inspection and Interrogatories shall
be served by ..........................................................................................
_________________
(11) Accident Reports prepared in the regular course of business shall be
exchanged pursuant to CPLR § 3101(g) by .........................................
_________________
(12) Plaintiff(s) shall provide authorizations for the following collateral
source of payment providers pursuant to CPLR § 4545 as follows:
_______________________________________ by ........................... _________________
_______________________________________ by ........................... _________________
_______________________________________ by ........................... _________________
(13) Motions to Amend Pleadings or to Add Party(ies) shall be filed
with the Court no later than ..................................................................
_________________
(14) END DATE FOR ALL DISCLOSURE other than Expert Disclosure
_________________
shall be .................................................................................................
□ This is a Standard Case (Must be within 12 months of the date the
Request for Judicial Intervention was filed)
□ This is a Complex Case (Must be within 15 months of the date the
Request for Judicial Intervention was filed)
(15) (a) Medicaid Lien Plaintiffs shall provide proof that an Adjudicated
Claim Report (for medical services) has been requested from HMS
and the amount of any cash assistance has been requested from the
appropriate County Department of Social Services (Must be at least 6
weeks before date for filing of the Trial Note of Issue)........................ _________________
or
(b) Medicare Secondary Payor Plaintiffs shall provide proof that the
MSPRC has been advised of the action by (Must be at least 20 weeks
before date for filing of the Trial Note of Issue) .................................. _________________
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Enter actual date or
“N/A” if not applicable
(16) An Alternative Dispute Resolution Conference shall be held on (to
_________________
be filled in by the Court) ......................................................................
Attorneys fully familiar with the case shall appear at the at at _______________
the ADR Conference and be prepared to discuss possible settlement of
the case. If the attorney does not have final settlement authority, a
person with final settlement authority shall appear either with the
attorney or as otherwise authorized by the Court.
Any submissions supporting any parties’ position may be submitted
seven (7) days prior to the ADR date, in a manner similar to a
mediation, without disclosure to other parties in the action.
Submissions shall be emailed directly to Law Clerk Thomas R. Schepp
II, Esq. at trschepp@nycourts.gov and Secretary Jacqueline LaMott at
jlamott@nycourts.gov.
If the case has not settled at the conclusion of the ADR Conference,
then the case shall proceed to trial on the date designated by the Court.
(17) A Trial Note of Issue and Certificate of Readiness, together with a
copy of this Preliminary Conference Stipulation and Order, an
Affirmation stating that the terms and conditions of this Preliminary
Conference Stipulation and Order have been complied with, and an
Affidavit of Service of same upon the other parties shall be filed by
Plaintiff on or before _________________
............................................................................
(Must be within thirty (30) days of End Date for All Disclosure or within fifteen (15)
months of the date of the filingof the Notice of Medical, Dental or Podiatric
Malpractice Action)
(18) Any Dispositive Motion(s) pursuant to CPLR §§ 3211 or 3212 shall 60 Days after Trial
be filed with the Court no later than Note of Issue is filed
....................................................
*In the event a party files a notice of motion pursuant to CPLR §§3211,
3212 or 3213 prior to the end of disclosure, discovery shall not be
stayed unless a party submits a separate letter request for such a stay.
(19) Expert Disclosure shall be provided by Plaintiff(s) 90 days before Trial
...........................
(20) Expert Disclosure shall be provided by Defendant(s)......................... 60 days before Trial
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and it is further STIPULATED and ORDERED that
(21) Discovery Disputes. Should any discovery disputes arise, prior to making a Motion pursuant
to CPLR §§ 3042, 3124 and/or 3126, the parties shall (a) comply with the good faith
requirements of 22 NYCRR § 202.7 and (b) the parties shall contact the Court’s Law Clerk,
T.R. Schepp, Esq., and conclude a Conference with the Law Clerk in an attempt to resolve any
such issues;
(22) Document Production. The failure of a party to prepare or timely share any of the documents
required under this stipulation shall warrant a review of the conduct of that party and/or that
party's attorney pursuant to 22 NYCRR Part 130;
(23) Failure to Comply. Any failure to comply with any of the directives in this stipulation and
order may result in the imposition of costs or sanctions or other action authorized by rule or
law, including preclusion, or other sanctions as provided for in CPLR § 3126;
(24) Discontinuance or Bankruptcy Filing. In the event the matter is discontinued under 22
NYCRR § 202.28(a), or wholly or partially settled by stipulation pursuant to CPLR 2014, or a
party has died or become a debtor in bankruptcy, the parties promptly shall notify the Court in
writing of such an event pursuant to 22 NYCRR § 202.28(b);
(25) Failure to Comply With Deadline(s). The failure of a plaintiff to comply with any of the
deadline(s) specified may result in the Court’s dismissal of that plaintiff’s complaint for failure
to comply with said deadline(s); the failure of a defendant to comply with any of the deadline(s)
specified may result in the Court’s granting of a judgment against that defendant for failure to
comply with said deadline(s) (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, et al.,
5 NY3rd 514 [2005]), without prejudice.
and it is further STIPULATED and ORDERED that (print additional directives):
(26) ___________________________________________________________________________
___________________________________________________________________________
_______________________________________ ________________________________________
Michael Porter, Esq. Brenna C. Gubala, Esq.
Attorney for Plaintiff Attorney for Defendants: Baesl; Prospect Hill
Radiology; St. Joseph’s Imaging Assoc.
_______________________________________
Christopher Defransesco, Esq.
Attorney for Defendants: St. Joseph’s Health Inc.,
St. Joseph’s Health Ctr., Trinity Health, Trinity
Health Corporation
So ORDERED.
Dated: _______________________ ________________________________________
Hon. Gerard J. Neri, J.S.C.
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Preview
FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022 Onondaga County Supreme and County Court 505 South State Street, Suite 110 Syracuse, New York 13202 Phone: (315) 671-1030 ononsupremecivil@nycourts.gov Diane Helbig Chief Clerk Deputy Chief Clerk June 22, 2022 All Counsel VIA E-FILE ONLY Re: Charles D. Townsend, etc. v. Mark T. Baesl M.D., et al. Index. No. 009708/2021 Dear Counselors: Please be advised that an Alternative Dispute Resolution Determination and Preliminary Conference has been scheduled for July 12, 2022, at 10:30 a.m. before Hon. Gerard J. Neri, via Microsoft Teams. Please contact Secretary Jackie LaMott via email at jlamott@nycourts.gov and provide a direct phone number that you may be reached in case there is an issue with the video conference. The Court directs all participants log on to the conference 15 minutes prior to the scheduled start time. It is important to make sure both your camera and microphone work prior to the conference. Instructions on how to access and use Microsoft Teams can be found by clicking on the first link listed below. If you need further assistance, you may schedule a test meeting by filling out the form available through the second link below. If the link’s do not open by clicking on them, copy and paste the link into the browser. https://portal.nycourts.gov/knowledgebase/article/KA-01071/en-us https://www.cognitoforms.com/NYSUnifiedCourtSystemOCADivisionOfTechnology/NewYork StateVirtualCourtAppearanceAudioVideoTestRequest Alternative Dispute Resolution (“ADR”) Determination Pursuant to the Alternative Dispute Resolution Plan for the Fifth Judicial District (http://ww2.nycourts.gov/courts/5jd/index), before and/or during the Preliminary Conference, the Court shall screen the case in order to determine if early ADR is appropriate. Attorneys fully familiar with the case shall be present at the Preliminary Conference and be prepared to discuss possible settlement of the case. If the attorney does not have final settlement authority, a person with final settlement authority shall either be present with the attorney or appear as otherwise authorized by the Court. If the case is not settled, then ADR alternatives and the need for any preliminary discovery prior to ADR, shall be discussed. 1 of 7 FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022 The case shall be referred immediately to the appropriate ADR process unless the Court, in its sole discretion after discussion with the parties or their attorneys, determines that discovery is necessary prior to ADR. Preliminary Conference Stipulation and Order A Preliminary Conference Stipulation and Order is enclosed. The parties are to confer and agree upon proposed specific deadlines for the completion of all remaining discovery, including expert disclosure, and for the filing of the Note of Issue and Certificate of Readiness. The Court directs the parties to e-file the proposed Stipulation and Order for the Court’s review and approval prior to the scheduled ADR Determination and Preliminary Conference. Pursuant to 22 NYCRR § 202.12(b), where a case is reasonably likely to include electronic discovery, attorneys for all parties who appear at the Preliminary Conference must be sufficiently versed in matters relating to their clients’ technological systems to discuss competently all issues relating to electronic discovery. Attorneys may bring a client representative or outside expert to assist in such electronic discovery discussions. Any failure to appear as directed at the scheduled Alternative Dispute Resolution Determination and Preliminary Conference may be deemed a default by the Court pursuant to 22 NYCRR § 202.27. Sincerely, Theresa West Court Clerk to Hon. Gerard J. Neri, J.S.C. (315) 671-1133 – chambers tjwest@nycourts.gov 2 of 7 FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022 Revised 03/09/2022 Presiding: HON GERARD J. NERI, J.S.C. ALTERNATIVE DISPUTE Charles D. Townsend Individually and as Executor of the RESOLUTION Estate of Sharon A. Townsend, DETERMINATION and PRELIMINARY CONFERENCE Plaintiff, STIPULATION and ORDER v. (Uniform Rules §§ 202.8, 202.12 and 202.56(b)) Mark T. Baesl M.D., Prospect Hill Radiology Group, P.C., St. Joseph's Imaging Associates, PLLC, St. Joseph's Health, Inc., Index No.: 009708/2021 St. Joseph's Physician Health, P.C., St. Joseph's Hospital Health Center, Trinity Health, Trinity Health Corporation, ABC Entities 1-5, Defendants. Alternative Dispute Resolution Status Pursuant to the Alternative Dispute Resolution Plan for the Fifth Judicial District (effective November 20, 2019) check box (a) or (b): (a) □ The Court has determined that Alternative Dispute Resolution is not appropriate in this matter at this time or (b) □ The Court has determined that Alternative Dispute Resolution is not appropriate in this matter until check box (i) or (ii): (i) □ the following preliminary discovery has been completed: Check appropriate box(es) and complete the appropriate numbered paragraphs: □ (1) Electronic Discovery □ (8) Eyewitnesses □ (2) Insurance Agreement □ (9) Employment Authorizations □ (3) and (4) Bill of Particulars □ (10) Demands and Interrogatories □ (5) Medical Reports □ (11) Accident Reports □ (6) Physical Examination □ (12) Collateral Sources □ (7) Depositions □ (28) Other or (ii) □ full discovery has been completed. complete the numbered paragraphs (1) through (15), (17) and (28). It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: 3 of 7 FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: Enter actual date or06/23/2022 “N/A” if not applicable (1) Electronic Discovery (see 22 NYCRR § 202.12(c)(3)) Check box (a), (b) or (c): (a) □ There is no Electronic Discovery required or (b) □ The parties have prepared and attached a separate Electronic Discovery Stipulation and Order establishing the method and scope of any electronic discovery pursuant to 22 NYCRR § 202.12(c)(3) or (c) □ An Electronic Discovery Conference shall be held on (To be _________________ filled in by Court) ....................................................................... at _______________ Attorneys for all parties who appear at the Electronic Discovery Conference must be sufficiently versed in matters relating to their clients’ technological systems to discuss competently all issues relating to electronic discovery. Attorneys may bring a client representative or outside expert to assist in such electronic discovery discussions. (2) Insurance Agreement (CPLR § 3101(f)), if not already provided, shall be furnished by ............................................................................ _________________ (3) Demands for Bill of Particulars shall be served by .......................... _________________ (4) Bills of Particulars shall be served by ................................................ _________________ (5) Medical Reports and Authorizations shall be served by ................. _________________ (6) Physical Examination of ___________________________________ shall be conducted by ____________________________________ _________________ and shall be completed by ..................................................................... A copy of the Physician’s Report shall be furnished to Plaintiff(s) within _____ days of the examination. (7) Check either (a) or (b): (a) □ Depositions shall be held as follows: DEPONENT LOCATION ___________________________ ________________________ on _________________ ___________________________ ________________________ on _________________ ___________________________ ________________________ on _________________ or (b) □ The parties shall set a schedule for Depositions, which are to be _________________ held no later than .................................................................................. The Parties shall provide the Court with the schedule. 4 of 7 FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022 Enter actual date or “N/A” if not applicable (8) All parties shall exchange names and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and photographs, or if none, provide an affirmation to the effect, by ............................... _________________ (9) Authorizations for Plaintiff(s)’s employment records for the period ____________ to _____________ shall be furnished by .......... _________________ (10) Demands for Discovery and Inspection and Interrogatories shall be served by .......................................................................................... _________________ (11) Accident Reports prepared in the regular course of business shall be exchanged pursuant to CPLR § 3101(g) by ......................................... _________________ (12) Plaintiff(s) shall provide authorizations for the following collateral source of payment providers pursuant to CPLR § 4545 as follows: _______________________________________ by ........................... _________________ _______________________________________ by ........................... _________________ _______________________________________ by ........................... _________________ (13) Motions to Amend Pleadings or to Add Party(ies) shall be filed with the Court no later than .................................................................. _________________ (14) END DATE FOR ALL DISCLOSURE other than Expert Disclosure _________________ shall be ................................................................................................. □ This is a Standard Case (Must be within 12 months of the date the Request for Judicial Intervention was filed) □ This is a Complex Case (Must be within 15 months of the date the Request for Judicial Intervention was filed) (15) (a) Medicaid Lien Plaintiffs shall provide proof that an Adjudicated Claim Report (for medical services) has been requested from HMS and the amount of any cash assistance has been requested from the appropriate County Department of Social Services (Must be at least 6 weeks before date for filing of the Trial Note of Issue)........................ _________________ or (b) Medicare Secondary Payor Plaintiffs shall provide proof that the MSPRC has been advised of the action by (Must be at least 20 weeks before date for filing of the Trial Note of Issue) .................................. _________________ 5 of 7 FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022 Enter actual date or “N/A” if not applicable (16) An Alternative Dispute Resolution Conference shall be held on (to _________________ be filled in by the Court) ...................................................................... Attorneys fully familiar with the case shall appear at the at at _______________ the ADR Conference and be prepared to discuss possible settlement of the case. If the attorney does not have final settlement authority, a person with final settlement authority shall appear either with the attorney or as otherwise authorized by the Court. Any submissions supporting any parties’ position may be submitted seven (7) days prior to the ADR date, in a manner similar to a mediation, without disclosure to other parties in the action. Submissions shall be emailed directly to Law Clerk Thomas R. Schepp II, Esq. at trschepp@nycourts.gov and Secretary Jacqueline LaMott at jlamott@nycourts.gov. If the case has not settled at the conclusion of the ADR Conference, then the case shall proceed to trial on the date designated by the Court. (17) A Trial Note of Issue and Certificate of Readiness, together with a copy of this Preliminary Conference Stipulation and Order, an Affirmation stating that the terms and conditions of this Preliminary Conference Stipulation and Order have been complied with, and an Affidavit of Service of same upon the other parties shall be filed by Plaintiff on or before _________________ ............................................................................ (Must be within thirty (30) days of End Date for All Disclosure or within fifteen (15) months of the date of the filingof the Notice of Medical, Dental or Podiatric Malpractice Action) (18) Any Dispositive Motion(s) pursuant to CPLR §§ 3211 or 3212 shall 60 Days after Trial be filed with the Court no later than Note of Issue is filed .................................................... *In the event a party files a notice of motion pursuant to CPLR §§3211, 3212 or 3213 prior to the end of disclosure, discovery shall not be stayed unless a party submits a separate letter request for such a stay. (19) Expert Disclosure shall be provided by Plaintiff(s) 90 days before Trial ........................... (20) Expert Disclosure shall be provided by Defendant(s)......................... 60 days before Trial 6 of 7 FILED: ONONDAGA COUNTY CLERK 06/23/2022 09:44 AM INDEX NO. 009708/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/23/2022 and it is further STIPULATED and ORDERED that (21) Discovery Disputes. Should any discovery disputes arise, prior to making a Motion pursuant to CPLR §§ 3042, 3124 and/or 3126, the parties shall (a) comply with the good faith requirements of 22 NYCRR § 202.7 and (b) the parties shall contact the Court’s Law Clerk, T.R. Schepp, Esq., and conclude a Conference with the Law Clerk in an attempt to resolve any such issues; (22) Document Production. The failure of a party to prepare or timely share any of the documents required under this stipulation shall warrant a review of the conduct of that party and/or that party's attorney pursuant to 22 NYCRR Part 130; (23) Failure to Comply. Any failure to comply with any of the directives in this stipulation and order may result in the imposition of costs or sanctions or other action authorized by rule or law, including preclusion, or other sanctions as provided for in CPLR § 3126; (24) Discontinuance or Bankruptcy Filing. In the event the matter is discontinued under 22 NYCRR § 202.28(a), or wholly or partially settled by stipulation pursuant to CPLR 2014, or a party has died or become a debtor in bankruptcy, the parties promptly shall notify the Court in writing of such an event pursuant to 22 NYCRR § 202.28(b); (25) Failure to Comply With Deadline(s). The failure of a plaintiff to comply with any of the deadline(s) specified may result in the Court’s dismissal of that plaintiff’s complaint for failure to comply with said deadline(s); the failure of a defendant to comply with any of the deadline(s) specified may result in the Court’s granting of a judgment against that defendant for failure to comply with said deadline(s) (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, et al., 5 NY3rd 514 [2005]), without prejudice. and it is further STIPULATED and ORDERED that (print additional directives): (26) ___________________________________________________________________________ ___________________________________________________________________________ _______________________________________ ________________________________________ Michael Porter, Esq. Brenna C. Gubala, Esq. Attorney for Plaintiff Attorney for Defendants: Baesl; Prospect Hill Radiology; St. Joseph’s Imaging Assoc. _______________________________________ Christopher Defransesco, Esq. Attorney for Defendants: St. Joseph’s Health Inc., St. Joseph’s Health Ctr., Trinity Health, Trinity Health Corporation So ORDERED. Dated: _______________________ ________________________________________ Hon. Gerard J. Neri, J.S.C. 7 of 7