Preview
INDEX NO. 003153/2021
IFILED : ONONDAGA COUNTY CLERK 01/28/2022 11:37 AM)
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022
Revised 06/29/20 (Uniform-GJN)
Presiding: HON GERARD J. NERI, J.S.C.
ALTERNATIVE DISPUTE
Christine M. Goldman, RESOLUTION
DETERMINATION and
Plaintiff, PRELIMINARY
v. CONFERENCE
STIPULATION and ORDER
GEICO General Insurance Company, GEICO General (Uniform Rules §§ 202.8, 202.12
Insurance Company, Inc.,GEICO Insurance Agency, Inc. and 202.56(b))
Defendants. Index No.: 003153/2021
Alternative Dispute Resolution Status
Pursuant to the Alternative Dispute Resolution Plan for the Fifth Judicial District
(effective November 20, 2019):
Check either box (a), (b) or (c):
(a) o The Court has determined that Alternative Dispute Resolution is not appropriate
in this matter at thistime or
(b) o The Court has determined that Alternative Dispute Resolution is not appropriate
in thismatter
Check either box (i)or (ii):
(i) o Until the following preliminary discovery has been completed:
Check appropriate box(es) and complete the appropriate numbered paragraphs:
o (1) Electronic Discovery o (8) Eyewitnesses
o (2) Insurance Agreement o (9) Employment Authorizations
o (3) and (4) Bill of Particulars o (10) Demands and Interrogatories
o (5) Medical Reports o (11) Accident Reports
o (6) Physical Examination o (12) Collateral Sources
o (7) Depositions o (28) Other
or
(ii) ntilfull discovery has been completed.
Complete the numbered paragraphs (1) through (15), (17) and (28).
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[FILED: ONONDAGA COUNTY CLERK 01/28/2022 11:37 AM|
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022
PrintActual Date
days"
(Not "30 etc.)or
"N/A"
Not
if Applicable
Itis hereby Stipulated and Ordered that disclosure shall proceed as follows:
(1) Electronic Discovery (see 22 NYCRR § 202.12(c)(3))
Check either box (a), (b) or (c):
(a) here is no Electronic Discovery required or
(b) o 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) o An Electronic Discovery Conference shall be held on (To be
filled in by Court)....................................................................... •
Attorneys for allparties who appear at the Electronic Discovery
Conference must be sufficiently versed in matters relating to at
clients'
their 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............................. O 2 o7. 7..
(4) Bills of Particulars shall be served by..................................................
O 2 o 1.1
Medical Reports and Authorizations shall be served .................... 1 O 1 2-
(5) by 9 2 o
(6) Physical Examination of Ê ad ff
shall be conducted by fh 4 jw
and shall be completed O
by......................................................................
7 7o2 L
A copy of the Physician's Report shall be furnished to Plaintiff(s)
within 30 days of the examination.
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INDEX NO. 003153/2021
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022
PrintActual Date
days"
(Not "30 etc.)or
"N/A"
if NotApplicable
(7) Check either box (a)or (b):
(a) o Depositions shall be held as follows:
Deponent Place
On ...
On ...
On ...
Or
(b) he parties shall set a schedule for Depositions, which are to be
held no later than ÎÓ 101
.................................................................................... 1
The parties shall provide the Court with the schedule.
(Check box ifit applies)
If one deposition failsto take place as scheduled, the remaining
parties'
depositions shall nonetheless proceed as scheduled, except that
the priorities between the plaintiffs and defendants shall be preserved.
(8) All parties shall exchange names and addresses of alleyewitnesses and
notice witnesses, statements of opposing parties and photographs,
3°
or if none, provide an affirmation to the effect, by................................ ( / ..
(9) Authorizations forPlaintiff(s)'s employment records for the period
to shall be furnished by.........
Demands for and Inspection and Interrogatories shall
(10)
be served by
Discovery
O G
The items sought shall be produced to the extent not objected to, and
objections, ifany, shall be stated on or before......................................
(11) Accident Reports prepared in the regular course of business shall be
exchanged pursuant to CPLR § 3101(g) by ......................................... 7 L L
(12) Plaintiff(s)shall provide authorizations for the following collateral
source of payment providers pursuant to CPLR § 4545 as follows:
by .............
by .............
by .............
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FILED : ONONDAGA COUNTY CLERK 01/28/2022 11:37 W INDEX NO. 003153/2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022
PrintActual Date
days"
(N_o_t"30 etc.)or
"
"N/A Not
if Applicable
(13) Motions to Amend Pleadings or to Add Party(ies) shall be filed / J
with the Court no laterthan Ê { Ο l
................................................................ Ž0n
(14) END DATE FOR ALL DISCLOSURE other than Expert 011
Disclosure shall be
(Check x that applies)
This is a Standard Case
(Must be within 12 months of the date the Request for Judicial
Intervention was filed)
o 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) .......................
(16) A Compliance Conference shall be held on (To be filled in by Court) •
.............................................................................................................
Attorneys fully familiar with the case shall appear at the Compliance at
Conference and be prepared to discuss possible settlement ofthe case.
If the attorney does not have final settlement authority, a person with
final settlement authority shall either appear with the attorney or be
available by phone. If the case is not settled, then ADR alternatives
shall be discussed unless the Court has previously determined that
Alternative Dispute Resolution is not appropriate in this matter
The case shall be referred immediately to the appropriate ADR
process unless the Court, in itssole discretion after discussion with
the parties or their attorneys, determines that ADR is ng appropriate
in this matter.
(16a) An Alternative Dispute Resolution Conference shall be held on •
(To be filled in by Court).....................................................................
at
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022
(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 the 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 withinfifteen
(15) months of thedate of the filing
ofthe Notice ofMedical, Dental orPodiatric
Malpractice Action)
(For Medical, Dental or PodiatricMalpractice Actions, theCourt will schedule a
Mandatmy Settlement Conference pursuant to CPLR 3409 following the filing
of
the TrialNote of Issue)
(18) Any Dispositive Motion(s) pursuant to CPLR §§ 3211 or 3212
60 days after Trial
shall be filed with the Court no laterthan .........................................
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 letterrequest 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
and itis 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;
Personal Appearances Required. Attorneys fully familiar with the case shall be present in
(24)
person at allConferences scheduled with the Court or the Court's Law Clerk, unless otherwise
authorized the Court. If the attorney does not have final settlement authority at any
by
scheduled ADR Conference, a person with final settlement authority shall either be present
with the or, with judicial permission, be available by phone/video. Any failure to
attorney
appear at scheduled Conference may be deemed a default by the Court pursuant to 22
any
NYCRR 202.27. The failure of a plaintiff to appear may result in the dismissal of their action;
§
the failure of a defendant to appear may result inthe granting of a judgment by default against
that defendant; and the failure of all parties to appear may result in such other order as appears
just;
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INDEX NO. 003153/2021
ILED : ONONDAGA COUNTY CLERK 01/28/2022 11:37 AN_j
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022
(25) 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);
(26) 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.
parties'
ADR Conference. Any submissions supporting any position may be submitted seven
(27)
(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.
and itisfurther Stipulated and Ordered that (Print additional directives):
(28) A
Michael P. Grain e , Esq. BillSavage, Esq.
Attorney for P i tiff Attorney for Defendants
So ORDERED.
Dated:
Hon. Gerard J. Neri, J.S.C.
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Preview
INDEX NO. 003153/2021 IFILED : ONONDAGA COUNTY CLERK 01/28/2022 11:37 AM) NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022 Revised 06/29/20 (Uniform-GJN) Presiding: HON GERARD J. NERI, J.S.C. ALTERNATIVE DISPUTE Christine M. Goldman, RESOLUTION DETERMINATION and Plaintiff, PRELIMINARY v. CONFERENCE STIPULATION and ORDER GEICO General Insurance Company, GEICO General (Uniform Rules §§ 202.8, 202.12 Insurance Company, Inc.,GEICO Insurance Agency, Inc. and 202.56(b)) Defendants. Index No.: 003153/2021 Alternative Dispute Resolution Status Pursuant to the Alternative Dispute Resolution Plan for the Fifth Judicial District (effective November 20, 2019): Check either box (a), (b) or (c): (a) o The Court has determined that Alternative Dispute Resolution is not appropriate in this matter at thistime or (b) o The Court has determined that Alternative Dispute Resolution is not appropriate in thismatter Check either box (i)or (ii): (i) o Until the following preliminary discovery has been completed: Check appropriate box(es) and complete the appropriate numbered paragraphs: o (1) Electronic Discovery o (8) Eyewitnesses o (2) Insurance Agreement o (9) Employment Authorizations o (3) and (4) Bill of Particulars o (10) Demands and Interrogatories o (5) Medical Reports o (11) Accident Reports o (6) Physical Examination o (12) Collateral Sources o (7) Depositions o (28) Other or (ii) ntilfull discovery has been completed. Complete the numbered paragraphs (1) through (15), (17) and (28). 3 of 8 INDEX NO . 0 0 3153 / 2 O2 1 [FILED: ONONDAGA COUNTY CLERK 01/28/2022 11:37 AM| NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022 PrintActual Date days" (Not "30 etc.)or "N/A" Not if Applicable Itis hereby Stipulated and Ordered that disclosure shall proceed as follows: (1) Electronic Discovery (see 22 NYCRR § 202.12(c)(3)) Check either box (a), (b) or (c): (a) here is no Electronic Discovery required or (b) o 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) o An Electronic Discovery Conference shall be held on (To be filled in by Court)....................................................................... • Attorneys for allparties who appear at the Electronic Discovery Conference must be sufficiently versed in matters relating to at clients' their 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............................. O 2 o7. 7.. (4) Bills of Particulars shall be served by.................................................. O 2 o 1.1 Medical Reports and Authorizations shall be served .................... 1 O 1 2- (5) by 9 2 o (6) Physical Examination of Ê ad ff shall be conducted by fh 4 jw and shall be completed O by...................................................................... 7 7o2 L A copy of the Physician's Report shall be furnished to Plaintiff(s) within 30 days of the examination. 4 of 8 INDEX NO. 003153/2021 IFILED : ONONDAGA COUNTY CLERK 01/28/2022 11:37 AM| NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022 PrintActual Date days" (Not "30 etc.)or "N/A" if NotApplicable (7) Check either box (a)or (b): (a) o Depositions shall be held as follows: Deponent Place On ... On ... On ... Or (b) he parties shall set a schedule for Depositions, which are to be held no later than ÎÓ 101 .................................................................................... 1 The parties shall provide the Court with the schedule. (Check box ifit applies) If one deposition failsto take place as scheduled, the remaining parties' depositions shall nonetheless proceed as scheduled, except that the priorities between the plaintiffs and defendants shall be preserved. (8) All parties shall exchange names and addresses of alleyewitnesses and notice witnesses, statements of opposing parties and photographs, 3° or if none, provide an affirmation to the effect, by................................ ( / .. (9) Authorizations forPlaintiff(s)'s employment records for the period to shall be furnished by......... Demands for and Inspection and Interrogatories shall (10) be served by Discovery O G The items sought shall be produced to the extent not objected to, and objections, ifany, shall be stated on or before...................................... (11) Accident Reports prepared in the regular course of business shall be exchanged pursuant to CPLR § 3101(g) by ......................................... 7 L L (12) Plaintiff(s)shall provide authorizations for the following collateral source of payment providers pursuant to CPLR § 4545 as follows: by ............. by ............. by ............. 5 of 8 FILED : ONONDAGA COUNTY CLERK 01/28/2022 11:37 W INDEX NO. 003153/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022 PrintActual Date days" (N_o_t"30 etc.)or " "N/A Not if Applicable (13) Motions to Amend Pleadings or to Add Party(ies) shall be filed / J with the Court no laterthan Ê { Ο l ................................................................ Ž0n (14) END DATE FOR ALL DISCLOSURE other than Expert 011 Disclosure shall be (Check x that applies) This is a Standard Case (Must be within 12 months of the date the Request for Judicial Intervention was filed) o 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) ....................... (16) A Compliance Conference shall be held on (To be filled in by Court) • ............................................................................................................. Attorneys fully familiar with the case shall appear at the Compliance at Conference and be prepared to discuss possible settlement ofthe case. If the attorney does not have final settlement authority, a person with final settlement authority shall either appear with the attorney or be available by phone. If the case is not settled, then ADR alternatives shall be discussed unless the Court has previously determined that Alternative Dispute Resolution is not appropriate in this matter The case shall be referred immediately to the appropriate ADR process unless the Court, in itssole discretion after discussion with the parties or their attorneys, determines that ADR is ng appropriate in this matter. (16a) An Alternative Dispute Resolution Conference shall be held on • (To be filled in by Court)..................................................................... at 6 of 8 IFILED : ONONDAGA COUNTY CLERK 01/28/ 2022 11:37 W INDEX NO. 003153/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022 (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 the 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 withinfifteen (15) months of thedate of the filing ofthe Notice ofMedical, Dental orPodiatric Malpractice Action) (For Medical, Dental or PodiatricMalpractice Actions, theCourt will schedule a Mandatmy Settlement Conference pursuant to CPLR 3409 following the filing of the TrialNote of Issue) (18) Any Dispositive Motion(s) pursuant to CPLR §§ 3211 or 3212 60 days after Trial shall be filed with the Court no laterthan ......................................... 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 letterrequest 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 and itis 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; Personal Appearances Required. Attorneys fully familiar with the case shall be present in (24) person at allConferences scheduled with the Court or the Court's Law Clerk, unless otherwise authorized the Court. If the attorney does not have final settlement authority at any by scheduled ADR Conference, a person with final settlement authority shall either be present with the or, with judicial permission, be available by phone/video. Any failure to attorney appear at scheduled Conference may be deemed a default by the Court pursuant to 22 any NYCRR 202.27. The failure of a plaintiff to appear may result in the dismissal of their action; § the failure of a defendant to appear may result inthe granting of a judgment by default against that defendant; and the failure of all parties to appear may result in such other order as appears just; 7 of 8 INDEX NO. 003153/2021 ILED : ONONDAGA COUNTY CLERK 01/28/2022 11:37 AN_j NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/28/2022 (25) 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); (26) 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. parties' ADR Conference. Any submissions supporting any position may be submitted seven (27) (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. and itisfurther Stipulated and Ordered that (Print additional directives): (28) A Michael P. Grain e , Esq. BillSavage, Esq. Attorney for P i tiff Attorney for Defendants So ORDERED. Dated: Hon. Gerard J. Neri, J.S.C. 8 of 8