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FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020
NYSCEF DOC. NO. 18 RECEIVED
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SUPREME COURT OF THE STATE OF NEW YORK
360 Adams Street, Room 295
Brooklyn, New York 11201
DIFFERENTIATED CASE MANAGEMENT PROGRAM
PRESENT:
Hon. Lawrence Knipel
h PWKP 22
525864/2020
JERONIMO, DEBRA Index Number.:
PLAINTIFF,
- against -
CITY OF NEW YORK et al
DEFENDANT.
CASE SCHEDULING ORDER - CITY CASES
A requestfor a preliminary conference having been filedor the court having acted on itsown initiative,
IT IS HEREBY ORDERED that thiscase isdesignated a Standard matter pursuant to Uniform Rule §202.19(b) and
disclosure not already furnished shall proceed in accordance with the deadlines set forth below. However, a party
claiming to be prejudiced by this Order may seek a modification of the Standard matter designation or the schedule
by contacting, the City Discovery Part Clerk, by email at KSCCVCDCP@nycourts.gov, or phone (347) 401-9264
within 20 DAYS FROM THE DATE OF THIS ORDER. The City Discovery Part Clerk willprovide an opportunity
to the parties to be heard on the request at a court conference and the courtwill take such action as isappropriate.
Failure to contact the City Discovery Part Clerk in a timely manner shallconstitute a waiver of any objection to the
designation or schedule. The partiesshall not contact the Justice assigned.
1. Notification: After thisCase Scheduling Order has been signed, itwillbe posted to theNew York State Courts
Electronic Filing System ("NYSCEF") ifthis is an e-filedcase. All e-filing counsel are expected to monitor
the NYSCEF docket and their e-mail addresses for access to thisOrder and other e-filingsin thecase. If thisis
a hard-copy case, a copy of thisOrder will be posted at Web Civil Supreme, which isaccessible at no charge
on the court'swebsite, https://iapps.courts.state.ny.us/webcivil/FCASMain. Counsel must consult Web Civil
Supreme to obtain a copy of this Order; no copy will be mailed by the court. Attorneys may obtain, at no
charge, e-mail notification of the issuance of thisOrder and all other court developments in thisand other cases
by listing them with e-Track, the court system's case tracking service, which is accessible at
https://iapps.courts.state.ny.us/webcivil/etrackLogin or by means of the e-Track link at www.nycourts.gov. In
addition,counsel for plaintiffshall, within ten days afterthe posting of thisOrder to Web Civil Supreme in a
hard-copy case, serve copies on all counsel and allself-represented partiesand shall filewith the County Clerk
an affidavit of service. In an e-filed case in which at leastone party is exempt from e-filing,counsel for the
first-named participating plaintiff or, ifthere isnone, the firstnamed participating defendant shall,within ten
days after the e-filingof this Order, serve a hard copy on all exempt counsel and self-represented parties and
shall e-fileproof of such service.
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2. Insurance Coverage: The defendant City of New York and any other defendant represented by Corporation
Counsel are uninsured. All defendants (ifapplicable), excluding the City shallfurnish to allparties evidence
of primary and excess coverage and Certificateof Insurance within 30 days from the date of this Order.
3. Bill of Particulars: Ifnot previously served, plaintiff isto serve allparties with a billof particularswithin 30
days of thisOrder. Any party seeking additional particulars (including as to affinnative defenses, ifany) shall
serve a demand for a billwithin 21 days from the date of this Order. The partyreceiving the demand shallserve
a verified billof particulars within 60 days from the date of thisOrder.
4. Medical Records and Authorizations:
(a) Plaintiff(s)shall provide authorizations to obtain copies of the actual records of alltreating and examining
health care providers, including diagnostic tests,x-rays, MRIs, EMGs, CT Scans, for injuriesspecified in the
bill of particulars,within 30 days from the date of thisOrder.
(b) Plaintiff(s)shall provide an authorization for collateral source information, ifany, within 30 days from the
date of this Order.
(c) Ifplaintiffisclaiming a loss of income or wages, within 30 days from the date of this Order, plaintiffshall
provide authorizations for W-2 forms or employment records for the year of,year before and year afterthe date
of the alleged accident, as well as for the period of time lostfrom work as a result of the alleged accident, or
IRS records ifprovided by law.
(d) If plaintiffwas a student at the time of the alleged accident, within 30 days from the date of thisOrder,
plaintiffshall provide an authorization for school attendance records for the period of time lostfrom school as
a resultof the alleged accident.
(e) For cases alleging police misconduct including false arrest,malicious prosecution or excessive force, IT IS
HEREBY ORDERED by this court thatallrecords maintained by law enforcement agencies, criminal courts,
and/or districtattorney's offices in relationto theunderlying incident are hereby unsealed, and all governmental
agencies, bodies and employees having custody of any records are permitted to release such records to the
Office of the Comptroller or the Office of the Corporation Counsel of the City of New York, or itsauthorized
agent or employee. This Order specifically authorizes the New York City Police Department; the relevant
District Attorney's Office; the relevant New York State Supreme Court, Criminal Term; and the relevant New
York City Criminal Court to disclose any and allrecords in theirpossession relating to the underlying arrest
and/or prosecution to theOffice of the Corporation Counsel of the City of New York, or itsauthorized agent or
employee. Corporation Counsel of the City of New York shall provide copies of such records to the plaintiff
within 30 days of receipt.
5. Depositions:
11/10/2021
(a)The depositions of allparties shall take place on
. Plaintiffisto contact the Office of
the Corporation Counsel for the location of the depositions, which are to be conducted remotely during he
pendency of the pandemic, or in-person atthe Office of Corporation Counsel, 350 Jay Street,Brooklyn, New
York 11201 once such office has been reopened for thispurpose. Absent prior court approval, any EBT which
isnot held as scheduled in thisOrder must be promptly rescheduled for a date which isnot laterthan 60 days
after the originaldate.
Defendant(s)'
(b) right to a further deposition of plaintiff(s) is reserved as to any new injuries or damages
claimed in any supplemental billof particularsserved by plaintiff(s)following the plaintiff's deposition.
(c) Defendant(s) waive(s) the right to a General Municipal Law §50-h hearing. yes no
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6. Physical Examination:
(a) A physical examination of the plaintiff(s) shallbe noticed within 60 days after the completion of the
examination before trialof the plaintiff(s)and conducted within 60 days of such notice.
(b) A copy of the physician's report shall be furnished to plaintiff(s)within 45 days afterthe examination.
Defendant(s)'
(c) right to a further physical examination is reserved as to any new injuries claimed in any
supplemental billof particularsserved by plaintiff(s).
7. Other Disclosure:
(a) Allparties shall provide the names and addresses of any witnesses to the occurrence and noticewitnesses;
accident reports; party statements; photographs; and video footage taken in the ordinary course of business
and/or to be presented at within
trial, 90 days from the date of thisOrder.
(b) Allparties shall supply expert witness disclosure pursuant to the CPLR.
(c) Alldefendants other than those listedin Item 7(d) shall,within 90 days from the date of thisOrder, provide
to all parties copies of maintenance and repair records for 2 years prior to and including the date of the
occurrence.
(d) The City of New York and/or other defendants represented by CoÆoration Counsel, ifany, shall provide
the following Additional Disclosure to allparties within 90 days from the date ofthisOrder, subject to thedate
and locationspecified in the notice of claim:
Slip and Fall Cases (Department of Sanitation):
i. District Operation Log (carting book) for period of two weeks prior to and including the date of
occurrence;
ii.DistrictSnow Operation Book for the above period of time;
iii.
Snow Removal Operation Report (SR-2) and spreading or plowing operation card for the above period
of time, ifthe occurrence took place in the roadway.
Trip and Fall Cases (Department of Transportation):
i.Applications for permits and permits for 2 years prior to,and including, the date of occurrence;
ii.Cut forms, repair orders and repair records for 2 years prior to,and including, the date of occurrence;
iii.
Violations issued for 2 years prior to,and including, the date of occurrence;
iv.A copy of the titleand signature pages, and insurance declaration sheets and/or certificates,for all
contracts in effectfor two years prior to,and including, the date of occurrence;
v. Contracts and allrelatedcontract documents (i.e.
progress reports) for two years prior to,and including,
the date of occurrence will be made available for inspection and copying at either the Office of the
Corporation Counsel designated by said Counsel, or the appropriate City agency, upon a mutually
convenient appointment, but in no event more than 90 days hereafter or aftera subsequent request for same
by plaintiff;
vi.Complaints made for 2 years prior to,and including, the date of occurrence;
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vii.A copy of the most recent Big Apple Pothole and Sidewalk Protection Corporation map filed for the
area in issue and, ifthe incident at issueoccurred six months or less after
the filingof the most recent such
map, then the City shall also produce the last such map filed before the most recent such map for that
location.
ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED:
Trip and Fall Cases (Tree Well) (Department of Parks):
i.Applications for permits and permits for 2 years prior to,and including, the date of occurrence;
ii.Repair orders and repair records for 2 years prior to,and including, the date of occurrence;
iii.
Violations issued for 2 years prior to,and including, the date of occurrence;
iv.Complaints made for 2 years prior to,and including, the date of occurrence.
Cases involving allegations of defective traffic signals (DOT):
i.Maintenance and repair records for 30 days prior to,and including, date of occurrence;
ii.Complaints made for 30 days prior to,and including, date of occurrence;
iii.
The name and addresses of the contractor responsible for maintenance of the traffic
signals on date of the
occurrence;
iv.A copy of titleand signature pages, and insurance declaration sheets and/or certificates,for allcontracts
in effect for two years prior to,and including, the date of the occurrence;
v. Contracts and allrelated contract documents (i.e.,progress reports) for two years prior to,and including,
the date of the occurrence will be made available for inspection and copying at either the Office of the
Corporation Counsel designated by said Counsel, or theappropriate City agency, upon a mutually convenient
appointment, but in no event more than 90 days hereafteror after a subsequent request for same by plaintiff.
Cases involving allegations of police misconduct:
The City will provide the following within 90 days from the date of this order or within 60 days of receiptof
the records as outlined in Section 4(e):
i.Complaint Report;
ii.Complaint Follow Up Report(s);
iii.Arrest Report;
iv.Memo Book entries for incident in question;
v. On-line Booking Sheet;
vi. Copies of the applicable Patrol Guide shall be made available by the City for inspection and copying
within 90 days from the date of thisOrder;
vii. Copies of all 911 tapes, if stillin existence, and all sprint printouts for any 911 calls and radio
transmissions related to the events of the action.
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Inmate assault cases (Department of Correction):
i.Department of Correction incident report, subject to redaction of privileged information, including any
information regarding criminal acts of other inmates and/or personal information regarding DOC employees;
ii.Injury to inmate report (within 90 days after receiptof an authorization from plaintiff);
ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED:
iii.
In camera review of redactions to be made upon request of plaintiffsattorney.
Premises Liability Cases:
i.Departmental accident/incident report from respective City agency;
ii.For non-transitory conditions (including recurrent condition), maintenance and repairrecords and written
complaints regarding the condition complained of for 18 months prior to and including the date ofoccurrence;
iii.For transitory conditions, maintenance records and written complaints regarding the condition complained
of for one month prior to and including the date of the occurrence;
iv.If applicable, lease and/or sublease for the City-owned building.
Department of Education Cases:
. . .
i. Department of Education Comprehensive Accident Report for the occurrence, subject to redaction of
privileged information pursuant to the Family Education and Privacy Act, 20 U.S. Code Ch. 31. Extent and
nature of the redaction, ifquestioned, are subject to motion under the statute;
ii.Witness statements, subject to redaction of privileged information pursuant to the Family Education and
Privacy Act. Extent and nature of the redaction, ifquestioned, are subject to motion under the statute;
iii.For non-transitory conditions (including recurrent conditions), maintenance and repair records, written
complaints and, to the extent applicable, related contracts for the situsof plaintiff'saccident, regarding the
condition complained of for 18 months prior to,and including, the date of occurrence.
iv.For transitory conditions, maintenance records and written complaints regarding the condition complained
of for two months prior to,and including, the date of the occurrence.
v. Defendants shall furnish to the court the records for all students alleged to be involved in an
incident/accident for an in camera inspection within 60 days from the date of thisOrder.
Motor vehicle accidents involving City-owned vehicles:
i.Departmental Accident Report from respective City agency;
ii.Maintenance and repair records for the department vehicle involved for one year priorto, and including,
the date of the occurrence, ifa vehicular defect is alleged in either the departmental accident report or the
MV-104;
iii.Photos of damage to City vehicle;
iv.Record regarding post-accident repairs shallbe supplied by the City unless determined by the court not to
be relevant an issue in thecase.
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Department of Environmental Protection Cases:
i.Accident/Incident report for the occurrence, including any photos;
ii.Applications for permits and permits for two (2) years prior to,and including, the date of occurrence;
iii.
Repair orders for two (2) yearsprior to,and including, the date of occurrence;
iv.Complaints made for two (2) years priorto,and including, the date of occurrence.
7. Other Disclosure (CONTINUED):
(e) Surveillance videos to be provided in accordance with CPLR §3101(i).
(f)Any party who wishes to obtain priornotices of claim, pursuant to GML §50-g, may do so by contacting the
Division Chief of Claims Support at (212) 669-4118 to setup an appointment to search the index maintained at
1 Centre Street, New York, New York.
(g) The New York City Police Department no longer maintains MV-104s beyond 30 days for accidents
occurring after April 15, 1995.
(h) All searches shall be conducted based upon the date and location as described in thenotice of claim.
8. Third-Party Actions/Impleader: Shall be completed within 60 days of the lastExamination Before Trial.
9. Compliance Conference: Shall be held remotely on:
4/12/2022
(Insertdate and time)
10. Note of Issue Date: Shall be filed upon the completion of alldiscovery.
11. Plaintiff shall,within 15 days afterthe note of issue is filed and request from defense counsel isreceived,
provide HIPAA-compliant authorizations to defense counsel for medical records, to be attached to subpoenas
directing that those records be sent to thecourthouse. Ifthere isany dispute, itshallbe promptly brought to the
attention of the Case Management Office for resolution.
12. Summary Judgment Motions: Shall be filedno later than 90 days after filingof the Note of Issue unless
otherwise directed by the court.
13. Summary Jury Trials: Parties are encouraged to consider a Summary Jury Trial. Summary Jury Trial
Procedures can be found at http://ww2.nycourts.gov/courts/2jd/kings/civil/Summary JuryTrialRules.shtml.
14. ADR: Parties are encouraged to utilizeone ofthe various Alternative Dispute Resolution options available to
resolve the matter as early,equitably and efficientlyas possible. Information regarding ADR can be found at
https://www.nycourts.gov/LegacyPDFS/courts/2jd/kings/civil/PRESUMPTIVE-ADR-PLAN.pdf and by
contacting Kelechi Acholonu, ADR Coordinator, at kacholon@nycourts.gov.
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This Case Scheduling Order supersedes any and allprior combined demands, notices of discovery and inspection,
and discovery orders and isthe singular governing discovery order to date.
Ifdisputes arise about compliance with thisOrder, the partiesshall promptly confer in an effort to resolvethem. If
thateffort fails,the partiesor any party aggrieved shall, in advance of deadlines and prior to initiatingmotion
practice, bring the dispute to the attentionof the City Discovery Part Clerk who will schedule a conference shortly
thereafter to resolve the dispute. The partiesmay adjourn the deadlines setforth in Items 5 through 8 above provided
that alldisclosure called for by thisOrder shall be furnished prior to thecompliance conference setforth in Item 9.
The date of the compliance conference will normally not be adjourned and any adjournment requires advance
permission of the court. Absent good cause, failure to comply with this Order may resultin the imposition of
penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of
discovery, preclusion, dismissal, striking of an answer, costs,sanctions, and attorney's fees.
This constitutes the Order of the court.
/1 4t$
19-Jul-21
Dated
Hon. Lawrence Knipel J.SC
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FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: NO. 525 09/06/2022 8 64 /2020 FILED : KINGS COUNTY CLERK 07 0 :5 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/20/2021 SUPREME COURT OF THE STATE OF NEW YORK 360 Adams Street, Room 295 Brooklyn, New York 11201 DIFFERENTIATED CASE MANAGEMENT PROGRAM PRESENT: Hon. Lawrence Knipel h PWKP 22 525864/2020 JERONIMO, DEBRA Index Number.: PLAINTIFF, - against - CITY OF NEW YORK et al DEFENDANT. CASE SCHEDULING ORDER - CITY CASES A requestfor a preliminary conference having been filedor the court having acted on itsown initiative, IT IS HEREBY ORDERED that thiscase isdesignated a Standard matter pursuant to Uniform Rule §202.19(b) and disclosure not already furnished shall proceed in accordance with the deadlines set forth below. However, a party claiming to be prejudiced by this Order may seek a modification of the Standard matter designation or the schedule by contacting, the City Discovery Part Clerk, by email at KSCCVCDCP@nycourts.gov, or phone (347) 401-9264 within 20 DAYS FROM THE DATE OF THIS ORDER. The City Discovery Part Clerk willprovide an opportunity to the parties to be heard on the request at a court conference and the courtwill take such action as isappropriate. Failure to contact the City Discovery Part Clerk in a timely manner shallconstitute a waiver of any objection to the designation or schedule. The partiesshall not contact the Justice assigned. 1. Notification: After thisCase Scheduling Order has been signed, itwillbe posted to theNew York State Courts Electronic Filing System ("NYSCEF") ifthis is an e-filedcase. All e-filing counsel are expected to monitor the NYSCEF docket and their e-mail addresses for access to thisOrder and other e-filingsin thecase. If thisis a hard-copy case, a copy of thisOrder will be posted at Web Civil Supreme, which isaccessible at no charge on the court'swebsite, https://iapps.courts.state.ny.us/webcivil/FCASMain. Counsel must consult Web Civil Supreme to obtain a copy of this Order; no copy will be mailed by the court. Attorneys may obtain, at no charge, e-mail notification of the issuance of thisOrder and all other court developments in thisand other cases by listing them with e-Track, the court system's case tracking service, which is accessible at https://iapps.courts.state.ny.us/webcivil/etrackLogin or by means of the e-Track link at www.nycourts.gov. In addition,counsel for plaintiffshall, within ten days afterthe posting of thisOrder to Web Civil Supreme in a hard-copy case, serve copies on all counsel and allself-represented partiesand shall filewith the County Clerk an affidavit of service. In an e-filed case in which at leastone party is exempt from e-filing,counsel for the first-named participating plaintiff or, ifthere isnone, the firstnamed participating defendant shall,within ten days after the e-filingof this Order, serve a hard copy on all exempt counsel and self-represented parties and shall e-fileproof of such service. 1 of 7 FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: NO. 09/06/2022 525864/2020 FILED: KINGS COUNTY CLERK 7 021 : NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/20/2021 2. Insurance Coverage: The defendant City of New York and any other defendant represented by Corporation Counsel are uninsured. All defendants (ifapplicable), excluding the City shallfurnish to allparties evidence of primary and excess coverage and Certificateof Insurance within 30 days from the date of this Order. 3. Bill of Particulars: Ifnot previously served, plaintiff isto serve allparties with a billof particularswithin 30 days of thisOrder. Any party seeking additional particulars (including as to affinnative defenses, ifany) shall serve a demand for a billwithin 21 days from the date of this Order. The partyreceiving the demand shallserve a verified billof particulars within 60 days from the date of thisOrder. 4. Medical Records and Authorizations: (a) Plaintiff(s)shall provide authorizations to obtain copies of the actual records of alltreating and examining health care providers, including diagnostic tests,x-rays, MRIs, EMGs, CT Scans, for injuriesspecified in the bill of particulars,within 30 days from the date of thisOrder. (b) Plaintiff(s)shall provide an authorization for collateral source information, ifany, within 30 days from the date of this Order. (c) Ifplaintiffisclaiming a loss of income or wages, within 30 days from the date of this Order, plaintiffshall provide authorizations for W-2 forms or employment records for the year of,year before and year afterthe date of the alleged accident, as well as for the period of time lostfrom work as a result of the alleged accident, or IRS records ifprovided by law. (d) If plaintiffwas a student at the time of the alleged accident, within 30 days from the date of thisOrder, plaintiffshall provide an authorization for school attendance records for the period of time lostfrom school as a resultof the alleged accident. (e) For cases alleging police misconduct including false arrest,malicious prosecution or excessive force, IT IS HEREBY ORDERED by this court thatallrecords maintained by law enforcement agencies, criminal courts, and/or districtattorney's offices in relationto theunderlying incident are hereby unsealed, and all governmental agencies, bodies and employees having custody of any records are permitted to release such records to the Office of the Comptroller or the Office of the Corporation Counsel of the City of New York, or itsauthorized agent or employee. This Order specifically authorizes the New York City Police Department; the relevant District Attorney's Office; the relevant New York State Supreme Court, Criminal Term; and the relevant New York City Criminal Court to disclose any and allrecords in theirpossession relating to the underlying arrest and/or prosecution to theOffice of the Corporation Counsel of the City of New York, or itsauthorized agent or employee. Corporation Counsel of the City of New York shall provide copies of such records to the plaintiff within 30 days of receipt. 5. Depositions: 11/10/2021 (a)The depositions of allparties shall take place on . Plaintiffisto contact the Office of the Corporation Counsel for the location of the depositions, which are to be conducted remotely during he pendency of the pandemic, or in-person atthe Office of Corporation Counsel, 350 Jay Street,Brooklyn, New York 11201 once such office has been reopened for thispurpose. Absent prior court approval, any EBT which isnot held as scheduled in thisOrder must be promptly rescheduled for a date which isnot laterthan 60 days after the originaldate. Defendant(s)' (b) right to a further deposition of plaintiff(s) is reserved as to any new injuries or damages claimed in any supplemental billof particularsserved by plaintiff(s)following the plaintiff's deposition. (c) Defendant(s) waive(s) the right to a General Municipal Law §50-h hearing. yes no 2 2 of 7 FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: 09/06/2022 525864/2020 NO. FILED : KINGS COUNTY CLERK 7 : NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/20/2021 6. Physical Examination: (a) A physical examination of the plaintiff(s) shallbe noticed within 60 days after the completion of the examination before trialof the plaintiff(s)and conducted within 60 days of such notice. (b) A copy of the physician's report shall be furnished to plaintiff(s)within 45 days afterthe examination. Defendant(s)' (c) right to a further physical examination is reserved as to any new injuries claimed in any supplemental billof particularsserved by plaintiff(s). 7. Other Disclosure: (a) Allparties shall provide the names and addresses of any witnesses to the occurrence and noticewitnesses; accident reports; party statements; photographs; and video footage taken in the ordinary course of business and/or to be presented at within trial, 90 days from the date of thisOrder. (b) Allparties shall supply expert witness disclosure pursuant to the CPLR. (c) Alldefendants other than those listedin Item 7(d) shall,within 90 days from the date of thisOrder, provide to all parties copies of maintenance and repair records for 2 years prior to and including the date of the occurrence. (d) The City of New York and/or other defendants represented by CoÆoration Counsel, ifany, shall provide the following Additional Disclosure to allparties within 90 days from the date ofthisOrder, subject to thedate and locationspecified in the notice of claim: Slip and Fall Cases (Department of Sanitation): i. District Operation Log (carting book) for period of two weeks prior to and including the date of occurrence; ii.DistrictSnow Operation Book for the above period of time; iii. Snow Removal Operation Report (SR-2) and spreading or plowing operation card for the above period of time, ifthe occurrence took place in the roadway. Trip and Fall Cases (Department of Transportation): i.Applications for permits and permits for 2 years prior to,and including, the date of occurrence; ii.Cut forms, repair orders and repair records for 2 years prior to,and including, the date of occurrence; iii. Violations issued for 2 years prior to,and including, the date of occurrence; iv.A copy of the titleand signature pages, and insurance declaration sheets and/or certificates,for all contracts in effectfor two years prior to,and including, the date of occurrence; v. Contracts and allrelatedcontract documents (i.e. progress reports) for two years prior to,and including, the date of occurrence will be made available for inspection and copying at either the Office of the Corporation Counsel designated by said Counsel, or the appropriate City agency, upon a mutually convenient appointment, but in no event more than 90 days hereafter or aftera subsequent request for same by plaintiff; vi.Complaints made for 2 years prior to,and including, the date of occurrence; 3 3 of 7 FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: NO. 5258 09/06/2022 64/2020 ETLED: KINGS COUNTY CLERK 7 021 : NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/20/2021 vii.A copy of the most recent Big Apple Pothole and Sidewalk Protection Corporation map filed for the area in issue and, ifthe incident at issueoccurred six months or less after the filingof the most recent such map, then the City shall also produce the last such map filed before the most recent such map for that location. ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED: Trip and Fall Cases (Tree Well) (Department of Parks): i.Applications for permits and permits for 2 years prior to,and including, the date of occurrence; ii.Repair orders and repair records for 2 years prior to,and including, the date of occurrence; iii. Violations issued for 2 years prior to,and including, the date of occurrence; iv.Complaints made for 2 years prior to,and including, the date of occurrence. Cases involving allegations of defective traffic signals (DOT): i.Maintenance and repair records for 30 days prior to,and including, date of occurrence; ii.Complaints made for 30 days prior to,and including, date of occurrence; iii. The name and addresses of the contractor responsible for maintenance of the traffic signals on date of the occurrence; iv.A copy of titleand signature pages, and insurance declaration sheets and/or certificates,for allcontracts in effect for two years prior to,and including, the date of the occurrence; v. Contracts and allrelated contract documents (i.e.,progress reports) for two years prior to,and including, the date of the occurrence will be made available for inspection and copying at either the Office of the Corporation Counsel designated by said Counsel, or theappropriate City agency, upon a mutually convenient appointment, but in no event more than 90 days hereafteror after a subsequent request for same by plaintiff. Cases involving allegations of police misconduct: The City will provide the following within 90 days from the date of this order or within 60 days of receiptof the records as outlined in Section 4(e): i.Complaint Report; ii.Complaint Follow Up Report(s); iii.Arrest Report; iv.Memo Book entries for incident in question; v. On-line Booking Sheet; vi. Copies of the applicable Patrol Guide shall be made available by the City for inspection and copying within 90 days from the date of thisOrder; vii. Copies of all 911 tapes, if stillin existence, and all sprint printouts for any 911 calls and radio transmissions related to the events of the action. 4 of 7 FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: NO. 5258 09/06/2022 64/2020 FILED : KINGS COUNTY CLERK 7 021 : NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/20/2021 Inmate assault cases (Department of Correction): i.Department of Correction incident report, subject to redaction of privileged information, including any information regarding criminal acts of other inmates and/or personal information regarding DOC employees; ii.Injury to inmate report (within 90 days after receiptof an authorization from plaintiff); ADDITIONAL DISCLOSURE ITEM 7(d) CONTINUED: iii. In camera review of redactions to be made upon request of plaintiffsattorney. Premises Liability Cases: i.Departmental accident/incident report from respective City agency; ii.For non-transitory conditions (including recurrent condition), maintenance and repairrecords and written complaints regarding the condition complained of for 18 months prior to and including the date ofoccurrence; iii.For transitory conditions, maintenance records and written complaints regarding the condition complained of for one month prior to and including the date of the occurrence; iv.If applicable, lease and/or sublease for the City-owned building. Department of Education Cases: . . . i. Department of Education Comprehensive Accident Report for the occurrence, subject to redaction of privileged information pursuant to the Family Education and Privacy Act, 20 U.S. Code Ch. 31. Extent and nature of the redaction, ifquestioned, are subject to motion under the statute; ii.Witness statements, subject to redaction of privileged information pursuant to the Family Education and Privacy Act. Extent and nature of the redaction, ifquestioned, are subject to motion under the statute; iii.For non-transitory conditions (including recurrent conditions), maintenance and repair records, written complaints and, to the extent applicable, related contracts for the situsof plaintiff'saccident, regarding the condition complained of for 18 months prior to,and including, the date of occurrence. iv.For transitory conditions, maintenance records and written complaints regarding the condition complained of for two months prior to,and including, the date of the occurrence. v. Defendants shall furnish to the court the records for all students alleged to be involved in an incident/accident for an in camera inspection within 60 days from the date of thisOrder. Motor vehicle accidents involving City-owned vehicles: i.Departmental Accident Report from respective City agency; ii.Maintenance and repair records for the department vehicle involved for one year priorto, and including, the date of the occurrence, ifa vehicular defect is alleged in either the departmental accident report or the MV-104; iii.Photos of damage to City vehicle; iv.Record regarding post-accident repairs shallbe supplied by the City unless determined by the court not to be relevant an issue in thecase. 5 5 of 7 FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: NO. 09/06/2022 525864/2020 ETLED : KINGS COUNTY CLERK 7 O 20 : 53 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/20/2021 Department of Environmental Protection Cases: i.Accident/Incident report for the occurrence, including any photos; ii.Applications for permits and permits for two (2) years prior to,and including, the date of occurrence; iii. Repair orders for two (2) yearsprior to,and including, the date of occurrence; iv.Complaints made for two (2) years priorto,and including, the date of occurrence. 7. Other Disclosure (CONTINUED): (e) Surveillance videos to be provided in accordance with CPLR §3101(i). (f)Any party who wishes to obtain priornotices of claim, pursuant to GML §50-g, may do so by contacting the Division Chief of Claims Support at (212) 669-4118 to setup an appointment to search the index maintained at 1 Centre Street, New York, New York. (g) The New York City Police Department no longer maintains MV-104s beyond 30 days for accidents occurring after April 15, 1995. (h) All searches shall be conducted based upon the date and location as described in thenotice of claim. 8. Third-Party Actions/Impleader: Shall be completed within 60 days of the lastExamination Before Trial. 9. Compliance Conference: Shall be held remotely on: 4/12/2022 (Insertdate and time) 10. Note of Issue Date: Shall be filed upon the completion of alldiscovery. 11. Plaintiff shall,within 15 days afterthe note of issue is filed and request from defense counsel isreceived, provide HIPAA-compliant authorizations to defense counsel for medical records, to be attached to subpoenas directing that those records be sent to thecourthouse. Ifthere isany dispute, itshallbe promptly brought to the attention of the Case Management Office for resolution. 12. Summary Judgment Motions: Shall be filedno later than 90 days after filingof the Note of Issue unless otherwise directed by the court. 13. Summary Jury Trials: Parties are encouraged to consider a Summary Jury Trial. Summary Jury Trial Procedures can be found at http://ww2.nycourts.gov/courts/2jd/kings/civil/Summary JuryTrialRules.shtml. 14. ADR: Parties are encouraged to utilizeone ofthe various Alternative Dispute Resolution options available to resolve the matter as early,equitably and efficientlyas possible. Information regarding ADR can be found at https://www.nycourts.gov/LegacyPDFS/courts/2jd/kings/civil/PRESUMPTIVE-ADR-PLAN.pdf and by contacting Kelechi Acholonu, ADR Coordinator, at kacholon@nycourts.gov. 6 6 of 7 FILED: KINGS COUNTY CLERK 09/06/2022 10:11 AM INDEX NO. 525864/2020 NYSCEF DOC. NO. 18 RECEIVED INDEX NYSCEF: NO. 09/06/2022 5 2 5 8 64/2020 FILED : KINGS COUNTY CLERK 21 1 : NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/20/2021 This Case Scheduling Order supersedes any and allprior combined demands, notices of discovery and inspection, and discovery orders and isthe singular governing discovery order to date. Ifdisputes arise about compliance with thisOrder, the partiesshall promptly confer in an effort to resolvethem. If thateffort fails,the partiesor any party aggrieved shall, in advance of deadlines and prior to initiatingmotion practice, bring the dispute to the attentionof the City Discovery Part Clerk who will schedule a conference shortly thereafter to resolve the dispute. The partiesmay adjourn the deadlines setforth in Items 5 through 8 above provided that alldisclosure called for by thisOrder shall be furnished prior to thecompliance conference setforth in Item 9. The date of the compliance conference will normally not be adjourned and any adjournment requires advance permission of the court. Absent good cause, failure to comply with this Order may resultin the imposition of penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of discovery, preclusion, dismissal, striking of an answer, costs,sanctions, and attorney's fees. This constitutes the Order of the court. /1 4t$ 19-Jul-21 Dated Hon. Lawrence Knipel J.SC 7 7 of 7