On June 14, 2012 a
Order
was filed
involving a dispute between
Debra Pealo,
and
Cayuga Medical Center At Ithaca Inc,
David A Schwed,
David A Schwed Md,
Surgical Associates Of Ithaca Pc,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Tompkins County.
Preview
FILED: TOMPKINS COUNTY CLERK 03/01/2021 01:58 PM INDEX NO. 2012-0503
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021
CI2021-03490 Index # : 2012-0503
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March 1,2021
Edward E. Kopko, Esq. Thomas A. Saitta, Esq.
308 N. Tioga Street-2nd Floor Aswad & Ingraham
Ithaca, New York 14850 46 Front Street
Binghamton, New York 13905
RE Debra Pealo v. David Schwed, M.D. Surgical Associates of Ithaca, P.C. and Cayuga
Medical Center at Ithaca, Inc.
Index No.: 2012-0503
TRIAL ORDER
Dear Counselors:
A Jury Trial in this case has been scheduled to commence on October 11, 2021 at 9230
a.m. Five days have been set aside for this trial. The trial will be held at the Tompkins County
Courthouse located in lthaca, New York. Please note that a pre-trial conference will take place in
on October l, 2021 at 9:30 a.m. via Microsoft Teams. Judge McBride will send you a Microsoft
Teams invite. For purposes of the Uniform Rules for the Engagement of Counsel, you will be actually
engaged for that period (22 NYCRR part 125).
The court directs that plaintiffs counsel shall, and defendants' may, submit to the court
with a copy to opposing counsel, a briefpre-trial memorandum in letter form including a statement of
facts giving rise to the action, the contested issues, controlling legal authority, foreseeable legal and
evidentiary problems, and any other relevant matters. Plaintiffs pre-trial memorandum is due on or
before October 17,2021, and defendants' pre-trial memorandum is due on or before October 24,
2021. Al the same time, counsel should also submit to the court a set of marked pleadings, together
with a copy of the Bill of Particulars (CPLR 4012; 22 NYCRR $ 202.35)
1 of 2
FILED: TOMPKINS COUNTY CLERK 03/01/2021 01:58 PM INDEX NO. 2012-0503
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021
CI2021-03490 Index #: 2012-0503
Finally, the Court directs the parties to submit any requests to charge, including case
specific requests (not just PJI numbers), as well as a proposed Verdict Sheet by October 24, 2021.
The requests to charge and Verdict Sheet should also be provided to Chambers in electronic format
(Word format). Failure to provide this information may result in wavier or preclusion.
IT IS SO ORDERED.
Very truly yours,
J
l?,M^
SEPH A. MCBRIDE
REME COURT JUSTICE
Cc: Mary Hodges, Tompkins County Chief Court Clerk (via email)
2 of 2
Document Filed Date
March 01, 2021
Case Filing Date
June 14, 2012
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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Preview
FILED: TOMPKINS COUNTY CLERK 03/01/2021 01:58 PM INDEX NO. 2012-0503 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021 CI2021-03490 Index # : 2012-0503 9u./;&,?^ra 9*%,.r6/..,a* %*.-gq/-dZ-q,,* fi 8"L,, -il-,""* f"zVz.* nazriz r'/1o -46-""/. ,/e- 7"o./ zsazt March 1,2021 Edward E. Kopko, Esq. Thomas A. Saitta, Esq. 308 N. Tioga Street-2nd Floor Aswad & Ingraham Ithaca, New York 14850 46 Front Street Binghamton, New York 13905 RE Debra Pealo v. David Schwed, M.D. Surgical Associates of Ithaca, P.C. and Cayuga Medical Center at Ithaca, Inc. Index No.: 2012-0503 TRIAL ORDER Dear Counselors: A Jury Trial in this case has been scheduled to commence on October 11, 2021 at 9230 a.m. Five days have been set aside for this trial. The trial will be held at the Tompkins County Courthouse located in lthaca, New York. Please note that a pre-trial conference will take place in on October l, 2021 at 9:30 a.m. via Microsoft Teams. Judge McBride will send you a Microsoft Teams invite. For purposes of the Uniform Rules for the Engagement of Counsel, you will be actually engaged for that period (22 NYCRR part 125). The court directs that plaintiffs counsel shall, and defendants' may, submit to the court with a copy to opposing counsel, a briefpre-trial memorandum in letter form including a statement of facts giving rise to the action, the contested issues, controlling legal authority, foreseeable legal and evidentiary problems, and any other relevant matters. Plaintiffs pre-trial memorandum is due on or before October 17,2021, and defendants' pre-trial memorandum is due on or before October 24, 2021. Al the same time, counsel should also submit to the court a set of marked pleadings, together with a copy of the Bill of Particulars (CPLR 4012; 22 NYCRR $ 202.35) 1 of 2 FILED: TOMPKINS COUNTY CLERK 03/01/2021 01:58 PM INDEX NO. 2012-0503 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2021 CI2021-03490 Index #: 2012-0503 Finally, the Court directs the parties to submit any requests to charge, including case specific requests (not just PJI numbers), as well as a proposed Verdict Sheet by October 24, 2021. The requests to charge and Verdict Sheet should also be provided to Chambers in electronic format (Word format). Failure to provide this information may result in wavier or preclusion. IT IS SO ORDERED. Very truly yours, J l?,M^ SEPH A. MCBRIDE REME COURT JUSTICE Cc: Mary Hodges, Tompkins County Chief Court Clerk (via email) 2 of 2