Preview
FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
LAW OFFICE OF EVANS D. PRIESTON, P.C.
21" 10"
47-40 STREET, FL.
LONG ISLAND CITY, NY 11101
Tel.: (718) 424-2444
Fax: (718) 424-2445
evansdplaw@gmail.com
June 28, 2019
VIA FIRST.CLASS MAIL
Baker, McEvoy, Morrissey & Moskovits, P.C.
8th
One Metrotech Center, PlOOr
Brooklyn, NY 11201
Re: GOOD FAITH LETTER
Joan Freire v. Arthur Ramirez, et al.
S/Queens Index no. 703456/2018
Your file no. 1015637
Case ID No. 94579 <
Dear CounÅelors
As you are aware, this office represents plaintiff Joan Freire in the above matter. At the
compliance conference held on May 22, 2019 (order annexed), the EBTs of Defendants Sherif
Sakr and VIP Transport LLC was ordered to take place on Monday, June 24, 2019 at 10:00 a.m.
The appearance of your witness to testify at his court-ordered examination before trial was
confirmed with your office on Friday, June 21, 2019. On Monday, June 24, 2019, your client
failed to appear without explanation, once again, for his court-ordered deposition. Your client
was previously ordered, pursuant to the Preliminary Conference'Order dated November 30, 2018
(annexed), by this Court to appear and testify at a deposition on February 20, 2019 and failed to
appear.
The Court ordered the Note of Issue to be filed by October 18, 2019. In an attempt to
complete discovery prior to the Note of Issue deadline and to avoid unnecessary motion practice,
we respectfully request that you contact our office by July 8, 2019 to schedule a date for your
client's deposition.
Please accept this letter as our good faith effort to resolve this issue.
Ver tr y . mrs,
l·:vans D. Prieston
Enclosure
.
FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
CC: LAW OFFICES OF KAREN L. LAWRENCE
Attorneys for Defendants
ARTHUR RAMIREZ and VICTORIA RAMIREZ
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
CAL .AR # PC:
REVIEWED BY: NI
(NI TO IsEl E . Y COURT)
Supreme Court of the State of Ne York
Queens County: Compliance Settlement and Conferen ce Part
Present: Hon. . Justice
p
W Inde umber:
Plaintiff(s)
a Dat4RJI ed
. Defendant(s)
Compliance Conference Order
Appearances: 5t ,
Upon.the Preliminary Conference Order dated . and following
a Cppipliali6e Conference held on .S"h 1/ and itappearing that
discWsúfeipreviously ordered herein has not been com leted, or that additidnal disclosure is
wâitanfed, itis hereby
ORDERED that all.pending discovery-related motions shall be brought to
the attention ofthis Court
ORDERED that any items of discovery left outstanding from those directed by
prior orders be specif ly i entified re d aived, and itis further
musf
ORDERED that dis ure a de e d rc eted in accordance herewith,
and itis further .
ORDERED that allproceedings directed herein shall be completed on or before the
dates set forth. No adjournments of the dates set forth herein are to be had without the
Court's written approval, and itis further
ORDERED that any failure to comply strictly with the terms of this order shall be
grounds for the striking of pleadings or other relief pursuant to CPLR 3126.
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
DOCUMEN'Î'S, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION, itis ..
ORDERED that no later than 20 days from the date hereof. the following documents,
authorizations and other items for discovery and inspection shall be produced:
by the Plaintiff(s): All medical reports and authorizations, as directed by 22 NYCRR §
202.]7 (b) and. where the cause of death isin issue, as directed bý 22 NYCRR § 202.17 (d).
by the
Defendant(s) and Third-Party Defendant(s):
DEPOSITIONS
4
. ..0 RE that allparties pot yet deppsed shall appear f de os on(s) on
date at time \9 o'clock at: olace on
(T1 e dgte.getafo e esidons MUST be no more than 30 days from the date hereof. Insertany fbrther .
r igns ·
fegarding depositions)
* •
and itis further
Ø BRÈD thatdepositions shall continue from day to day until completed.
PHYŠlCAl E AMINATIONS:
. ORDESED that all defendants and other parties desiring to take the physical
ersmiñEdop. of any pl tiff shall designate, in writing, the physician(s) t e such
exaniinatión within s of the completion of the plaintiff s deposition, or wi days
of the. date hereof in the event plaintiff s. sition has already occurred. All physical
examinations shall be completed within y ofthe designation of examining physician(s).
Pursuant tof2 NYCRR § 202.17 [c],c pies ofthe reports of the examining physician(s) shall
be served on all parties within 45 days after the completion of the examination, and it is
further
ORDERED: ( en any further provisions regarding physical exanñnitions)
MISCELLANEOUS:
ORDERED that unless otherwise noted by the court herein. this Order is deemed to have
resolved any pending discovery motion(s), andthat-pursuanno-this-OrderysucirmmùTñ'sIürtt
"markettoffLindh§ntrttlized-Motiorr-Part-(GMP)-on-the-return..dute_q(Jig nwtion
and itis
ORDERED that any furtherthird-party actions shallbe commenced promptly upondiscovery
of the identity of the third-party defendant(s), but not more than 30 daysafter the completion of
FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
depositions, unless for good cause shown, and itis further
Q IDERED that parties aggrieved by failures to disclose must move promptly for relief
or
be deeme,d to have waived the.outstanding discovery, and itis further
ERED that.any statutory stays of disclosure due to the pendency of motions pursuant
. to CPLR 211, 3212 and 3213 are vacated, and allparties are stayed from moving for summary
judgmen pending the filing of a note of issue as directed berein, and itis
OkDERED that ifplaintiff is a Medicare recipient or Medicare eligible, he/she shall
within 30 days provide defendant with copies ofall correspondence to Medicare, as evidence
of plaint|ff's efforts to determine the outstanding claim against said plaintiff/beneficiary
should one exist, e.g.final demand or conditional summary from CMS; and itis further
Q ERED that any parties failing to appear at this Compliance Conference shall be
bound b the terms of this order, and itis furth r
O ERED thatplaintiff(s)shall provide freshlEPAA-compliant authorizations forrelease
of inedi records, not later than 60 days·pripr tb and
trial, isfurther
. O ERED as follows:
Any ite leftoutstanding from those directed by prior orders must be specifically
identifte herein or are deemed waivedy
. . E D thatplaintiff/ .a 11s rve and filea Note ofIssue and Certificate
of Rea 19ess on or before (comunemy) and shall furnish to the Comp!ience
Settleme t and Conference Part within ten ) d y . ereafter a copy of the filedNote of Issue
and de cate of Readiness, together with an affidavit of service, and that the failure tgdo so
. shall be, .ounds for the imposition of sanctions.
o SO ORDERED:
Date , JSC
S ould plaintiff/ need more time.to filea Note of Issue, said
party ma contact chambers at (718) 298-1089, no later than six (6) weeks before the Note of
Issue is dpe.
Appearances and acknowledgment of receipt of thisOrder:
Attorney for Plaintiff 7 Attorneÿ for De
Anorney forDefendam ___ Aftdmey for Defenda
Attomey forDefendant
FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
[ff iED : QUEENS COUNTY CLERK 12 /14 /2018 53 : 10 INORX NO. 7034$6/2014
PM)
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12 /14/201 &
. Calendar Number PC / -2
CC f / )-2¿
. . N| ff)/ f(F S
SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY: IAS PART
PRESENT: HON. .
FILED P eliminary Conference Order
PWnuff( ,
against. DEC 1 4 2018
index Number.
Defendan Date RJi Fifed: Ž
a ntiff
s): . d 2
Defendant(s): b
Following a Pre!!mincry Confersacs, itis hereby ORDERED that disclosureshall picceed as
follows:
(1) Insurance C===ue: (a)Ifnot yet done, defendant shalldisc:üse in writingthe existence and
contents of arryinsu -;;m;.‡, !adu as timbrellaorexcess coverâge, as described inCPLR §3101(f)
en or before / 7 (b) plain ff sh I discloseany Usinsüied Motor|st/2 pp!cir:êntal
Uninsured
Motorist coverage n or fore
(2) BIIIofParticulars: f/L(
(a)A darñãGd fora BillofPsrucG ara orinterrogatoriesshallbe served by on or before .
(b) A bill
of particularsor interrogatoriesshallbe served by Î on or before .
(c) ifan affirmative defense orcouriterclaim isasserted, a dernand fora billofparticularsor
iñterragatoriesshallbe served by on .A response to such demand shallbe served
(d)A supplemental Bill
of Particulars)hall be served by on or befere
as to items:
(3)iWledicalReportis). Recordis) and A dzationfe): Onorbefore / Ê1i dulyexecuted
writtenaut shall
orization(s) be fumished by ferthe (Check
fotfowing: as apply)
ysician,and/or hospital; pharmacy and/or autopsy records;
mployment and/or attendance recordssforthe·period .s ,-f
t--4Ewfaultfile;
agnostic tests and filins;
Collateralsource authorizations/ workers comp records;
and/or tax return records forself-em ployed individuals(ifthereis a lossof wages clairn)
forthe period of
her (specify)
FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
INUhÄ NU. /UMWUln
FILEIT: gUEEl¶S COUNTY CLERK 12 / 14 / 2010 03 : 10 PM|
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14 /2018
(4) Physical Examinations:
(a)Examination(s) ofplaintiff
shallbe held on or before
I Pursuant to 22NYCRR at least20 days before shall
(b) §202.17(b), suchexamination,
serve upon allother partiescopies of themedical reportsof those physicianswho have previouslytreatedor
examined him/her.
c copy of the examining physician's reportshallbe tumished to allpartiesby
within days of the examination.
(5)Depositions:
(a) Examinations before shall
trial be conducted as follows
s
Plaintiff(s) 11appear forexamination before trial
at (2 ax/Af on
at .m. and shallproduce allrelevant books, papers,reco ds, and other material f r usedt the
deposition,including
Defendant ) shallappear forexamination before trial
at /A ) on
/Ù
at ft/ .m./p.rn.and shall produce all relevantbooks, papers,records, and other material r u t the
deposition,including .
. (b)Unless athârwise directedpriorto theexaminations before attomeys
trial, seeking rulingson
objectionsor making applicationforany other relief
pertaining tothe depositions shall promptly appear at
Chambers of theec:!gaad IAS Justice,with their
reporter,or shallcommunicate withthe Emergency Justice,
fora determination.
(c)Once begun, a depositionshallcontinue untilcorñpletedand shallnot be edjeemed without
furtherorder ofthe Court.
(d)The of an examination
transcript before tYial shall
be deliveredto thepartydeposed withinthirty
(30) days of thedeposition, and shallbe returned, dulyexecuted, pursuant to CPLR § 3116.
(e) Subpoenas forthe exarniñationbefore trial
of any non-party witness shall be served no later
than 45 days afterthe camp:é‡|on of partydepositions, providedsuch witness is known by complet½n of party
depositions, and if notknown at thattime,within45 days of first
disclosureor idañUficatiünofsuch witnessor
within the discretionof theCourt.
(6)Other Disclosuref
(a) On orbefore W/ . all
parties shallexchange names and addresses of all
witnesses, and shallexch¾ngs state ents ofopposing partiesand phetographs, or,if none,shallprovide an
affirmationtothat effect.
(b) All parties shall exchange information relatingto expert witnesses in compliance with
CPLR §3101(d)(i).
(c)Medicare Liens: Ifplaintiff
isa medicare recipientor plaintiff
eligible, shall,within30 days,
provide defendant(s) withthe detailsof said lien(s),or if sakñõwñ,copies of correspondence to Medicare,
evidencing plaintiff's
effortsto determiñê the outstanding claim against said should
p½iñüíiibeneficiary, one
exist.
(d)AdditionalDisclosure Issues: With respect to additionaldisclosure issues,the parties shall
comply with thefollowing agreement:
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
TLED . QUEENS COUNTY CLERK I
T/I-4-T2018-
03 :-I0
- -- ~~~ ~ WIC
P141
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14/201
(7) Impleader: All actions shallbe commenced on or before the Compliance Conference date.
third-party
Joinder action
of a third-party beyond thisdate withoutleave of Courtmay resultina severance.
Completion of Disc!esure; AIIdisclosure shallbe completed on or before the Compliance
(8)
Conference date:
(9)Compliance Conference:
(a)Unless a Note of Issue/Certificateof Readiñéss shallhave been filedprior counsel
thereto, for
'
. all parties shall appear at a Com Conference which shall be held in the Comp!iance
ncy
Conference/Settlement Part on 17/ .
(b)Fi(ingof a Noteof issue priorto theCompliance Conferencernust include a writtenstipu!etion
fullyexecuted by all parties
acknowledging thatall discoveryhas been cornpleted. FeiIureto comply with this
provisionwillresultin vacaturof the prematurely filedNote ofIssue.
(c)Copies ofmedical reportsand p|éadingsare to be broughtto theC0mp"âñce Conference and
attendingattomeys must be knowledgeableaboutthe caseand be prepared to discuss sc"!c.mcidat thatÈme.
(1 ) Notp of issue: shall
Plaintiff filea Note ofIssue/Certificateof Readiness on or before
(11) Motions for Summe-y Judq:-cr.t: Pursuant to CPLR Rule 3212(a). any motion forsummary
judgment shall be made no laterthan days after the of
filing the note of Issue, but under no
circumstances beyond 120 daysofthe fihngof the Note ofIssue absent furtherorder of thecourt
. .
(12) Stip±±!e•'t of sett!cment or dieccñ"rc2ance are to be filedby defendant, pursuant to
22 NYCRR 202.28, with theCounty Clerk and must also givea copy to the Part ofCourt to which the action
has been assigned, within 20 days of such discontinuance.
- SO ORDERED:
I, theundersigned have read the praced!na and understand the provisicas coñtsiasd herein shall
fully
ce=!!tute an Order of the Court. Failure tocomply with any provision of this order may result in the
imposition of costs, sanctions or other penaltics provided by law.
Pldintiff'
Atto Attomey Defendant
Attomey forPldintiff A omey forDefendán
Attomey forPlaintiff Attomey forDefendant
Attorney forPlaintiff Attorney forDefendant
-3-
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019
8
NYSCEF DQC. NO. 10 RECEIVED NYSCEF: 12/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS .
88-11 Sutphin Blvd.
Jamaica, New York 11435
---_____________.____________ _________..______ .
Plaintiff(s) Index No.
-against -
Defendant(s)
NOTICE OF COMPLIANCE/SETTLEMENT CONFERENCE
A Compliance/Settlement Conference has been scheduled in the
above-named case in which you appear as counsel. The Conference
will be held before JUSTICE JOSEPH J. ESPOSITO in·the
compliance/Settlement Conference Part on at 9:30 A.M.
Counsel appearing for the Conference MUST bring the Bill of
Par ticulars and all previous orders in the case, including the
Preliminary Conference Order.
At the conference, inquiry will be made regarding the
following items of discovery as applicable: bills of particular;
authorizations; medical rep.orts; discovery and inspection;
document production; insurance information;.EBT's; physical
examinations; interrogatories; and compliance with prior
discovery orders of the Court.
Additionally, serious settlement discussions will be
conducted.
Consequently, an attorney representing your client MUST
at-
appear t-he conference and MUST be fully familiar with the case
and the status of discovery. The attorney MUST bring to the
Conference all available documentary evidence relating to injury
and damages, and MOST be authorized to enter binding stipulations
and to dispose of the case.
Failure to appear at the Conference may result in the imposition of
sanctions or other appropriate judicial action.
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Preview
FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 LAW OFFICE OF EVANS D. PRIESTON, P.C. 21" 10" 47-40 STREET, FL. LONG ISLAND CITY, NY 11101 Tel.: (718) 424-2444 Fax: (718) 424-2445 evansdplaw@gmail.com June 28, 2019 VIA FIRST.CLASS MAIL Baker, McEvoy, Morrissey & Moskovits, P.C. 8th One Metrotech Center, PlOOr Brooklyn, NY 11201 Re: GOOD FAITH LETTER Joan Freire v. Arthur Ramirez, et al. S/Queens Index no. 703456/2018 Your file no. 1015637 Case ID No. 94579 < Dear CounÅelors As you are aware, this office represents plaintiff Joan Freire in the above matter. At the compliance conference held on May 22, 2019 (order annexed), the EBTs of Defendants Sherif Sakr and VIP Transport LLC was ordered to take place on Monday, June 24, 2019 at 10:00 a.m. The appearance of your witness to testify at his court-ordered examination before trial was confirmed with your office on Friday, June 21, 2019. On Monday, June 24, 2019, your client failed to appear without explanation, once again, for his court-ordered deposition. Your client was previously ordered, pursuant to the Preliminary Conference'Order dated November 30, 2018 (annexed), by this Court to appear and testify at a deposition on February 20, 2019 and failed to appear. The Court ordered the Note of Issue to be filed by October 18, 2019. In an attempt to complete discovery prior to the Note of Issue deadline and to avoid unnecessary motion practice, we respectfully request that you contact our office by July 8, 2019 to schedule a date for your client's deposition. Please accept this letter as our good faith effort to resolve this issue. Ver tr y . mrs, l·:vans D. Prieston Enclosure . FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 CC: LAW OFFICES OF KAREN L. LAWRENCE Attorneys for Defendants ARTHUR RAMIREZ and VICTORIA RAMIREZ 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 CAL .AR # PC: REVIEWED BY: NI (NI TO IsEl E . Y COURT) Supreme Court of the State of Ne York Queens County: Compliance Settlement and Conferen ce Part Present: Hon. . Justice p W Inde umber: Plaintiff(s) a Dat4RJI ed . Defendant(s) Compliance Conference Order Appearances: 5t , Upon.the Preliminary Conference Order dated . and following a Cppipliali6e Conference held on .S"h 1/ and itappearing that discWsúfeipreviously ordered herein has not been com leted, or that additidnal disclosure is wâitanfed, itis hereby ORDERED that all.pending discovery-related motions shall be brought to the attention ofthis Court ORDERED that any items of discovery left outstanding from those directed by prior orders be specif ly i entified re d aived, and itis further musf ORDERED that dis ure a de e d rc eted in accordance herewith, and itis further . ORDERED that allproceedings directed herein shall be completed on or before the dates set forth. No adjournments of the dates set forth herein are to be had without the Court's written approval, and itis further ORDERED that any failure to comply strictly with the terms of this order shall be grounds for the striking of pleadings or other relief pursuant to CPLR 3126. FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 DOCUMEN'Î'S, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION, itis .. ORDERED that no later than 20 days from the date hereof. the following documents, authorizations and other items for discovery and inspection shall be produced: by the Plaintiff(s): All medical reports and authorizations, as directed by 22 NYCRR § 202.]7 (b) and. where the cause of death isin issue, as directed bý 22 NYCRR § 202.17 (d). by the Defendant(s) and Third-Party Defendant(s): DEPOSITIONS 4 . ..0 RE that allparties pot yet deppsed shall appear f de os on(s) on date at time \9 o'clock at: olace on (T1 e dgte.getafo e esidons MUST be no more than 30 days from the date hereof. Insertany fbrther . r igns · fegarding depositions) * • and itis further Ø BRÈD thatdepositions shall continue from day to day until completed. PHYŠlCAl E AMINATIONS: . ORDESED that all defendants and other parties desiring to take the physical ersmiñEdop. of any pl tiff shall designate, in writing, the physician(s) t e such exaniinatión within s of the completion of the plaintiff s deposition, or wi days of the. date hereof in the event plaintiff s. sition has already occurred. All physical examinations shall be completed within y ofthe designation of examining physician(s). Pursuant tof2 NYCRR § 202.17 [c],c pies ofthe reports of the examining physician(s) shall be served on all parties within 45 days after the completion of the examination, and it is further ORDERED: ( en any further provisions regarding physical exanñnitions) MISCELLANEOUS: ORDERED that unless otherwise noted by the court herein. this Order is deemed to have resolved any pending discovery motion(s), andthat-pursuanno-this-OrderysucirmmùTñ'sIürtt "markettoffLindh§ntrttlized-Motiorr-Part-(GMP)-on-the-return..dute_q(Jig nwtion and itis ORDERED that any furtherthird-party actions shallbe commenced promptly upondiscovery of the identity of the third-party defendant(s), but not more than 30 daysafter the completion of FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 depositions, unless for good cause shown, and itis further Q IDERED that parties aggrieved by failures to disclose must move promptly for relief or be deeme,d to have waived the.outstanding discovery, and itis further ERED that.any statutory stays of disclosure due to the pendency of motions pursuant . to CPLR 211, 3212 and 3213 are vacated, and allparties are stayed from moving for summary judgmen pending the filing of a note of issue as directed berein, and itis OkDERED that ifplaintiff is a Medicare recipient or Medicare eligible, he/she shall within 30 days provide defendant with copies ofall correspondence to Medicare, as evidence of plaint|ff's efforts to determine the outstanding claim against said plaintiff/beneficiary should one exist, e.g.final demand or conditional summary from CMS; and itis further Q ERED that any parties failing to appear at this Compliance Conference shall be bound b the terms of this order, and itis furth r O ERED thatplaintiff(s)shall provide freshlEPAA-compliant authorizations forrelease of inedi records, not later than 60 days·pripr tb and trial, isfurther . O ERED as follows: Any ite leftoutstanding from those directed by prior orders must be specifically identifte herein or are deemed waivedy . . E D thatplaintiff/ .a 11s rve and filea Note ofIssue and Certificate of Rea 19ess on or before (comunemy) and shall furnish to the Comp!ience Settleme t and Conference Part within ten ) d y . ereafter a copy of the filedNote of Issue and de cate of Readiness, together with an affidavit of service, and that the failure tgdo so . shall be, .ounds for the imposition of sanctions. o SO ORDERED: Date , JSC S ould plaintiff/ need more time.to filea Note of Issue, said party ma contact chambers at (718) 298-1089, no later than six (6) weeks before the Note of Issue is dpe. Appearances and acknowledgment of receipt of thisOrder: Attorney for Plaintiff 7 Attorneÿ for De Anorney forDefendam ___ Aftdmey for Defenda Attomey forDefendant FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 [ff iED : QUEENS COUNTY CLERK 12 /14 /2018 53 : 10 INORX NO. 7034$6/2014 PM) NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12 /14/201 & . Calendar Number PC / -2 CC f / )-2¿ . . N| ff)/ f(F S SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY: IAS PART PRESENT: HON. . FILED P eliminary Conference Order PWnuff( , against. DEC 1 4 2018 index Number. Defendan Date RJi Fifed: Ž a ntiff s): . d 2 Defendant(s): b Following a Pre!!mincry Confersacs, itis hereby ORDERED that disclosureshall picceed as follows: (1) Insurance C===ue: (a)Ifnot yet done, defendant shalldisc:üse in writingthe existence and contents of arryinsu -;;m;.‡, !adu as timbrellaorexcess coverâge, as described inCPLR §3101(f) en or before / 7 (b) plain ff sh I discloseany Usinsüied Motor|st/2 pp!cir:êntal Uninsured Motorist coverage n or fore (2) BIIIofParticulars: f/L( (a)A darñãGd fora BillofPsrucG ara orinterrogatoriesshallbe served by on or before . (b) A bill of particularsor interrogatoriesshallbe served by Î on or before . (c) ifan affirmative defense orcouriterclaim isasserted, a dernand fora billofparticularsor iñterragatoriesshallbe served by on .A response to such demand shallbe served (d)A supplemental Bill of Particulars)hall be served by on or befere as to items: (3)iWledicalReportis). Recordis) and A dzationfe): Onorbefore / Ê1i dulyexecuted writtenaut shall orization(s) be fumished by ferthe (Check fotfowing: as apply) ysician,and/or hospital; pharmacy and/or autopsy records; mployment and/or attendance recordssforthe·period .s ,-f t--4Ewfaultfile; agnostic tests and filins; Collateralsource authorizations/ workers comp records; and/or tax return records forself-em ployed individuals(ifthereis a lossof wages clairn) forthe period of her (specify) FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 INUhÄ NU. /UMWUln FILEIT: gUEEl¶S COUNTY CLERK 12 / 14 / 2010 03 : 10 PM| NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14 /2018 (4) Physical Examinations: (a)Examination(s) ofplaintiff shallbe held on or before I Pursuant to 22NYCRR at least20 days before shall (b) §202.17(b), suchexamination, serve upon allother partiescopies of themedical reportsof those physicianswho have previouslytreatedor examined him/her. c copy of the examining physician's reportshallbe tumished to allpartiesby within days of the examination. (5)Depositions: (a) Examinations before shall trial be conducted as follows s Plaintiff(s) 11appear forexamination before trial at (2 ax/Af on at .m. and shallproduce allrelevant books, papers,reco ds, and other material f r usedt the deposition,including Defendant ) shallappear forexamination before trial at /A ) on /Ù at ft/ .m./p.rn.and shall produce all relevantbooks, papers,records, and other material r u t the deposition,including . . (b)Unless athârwise directedpriorto theexaminations before attomeys trial, seeking rulingson objectionsor making applicationforany other relief pertaining tothe depositions shall promptly appear at Chambers of theec:!gaad IAS Justice,with their reporter,or shallcommunicate withthe Emergency Justice, fora determination. (c)Once begun, a depositionshallcontinue untilcorñpletedand shallnot be edjeemed without furtherorder ofthe Court. (d)The of an examination transcript before tYial shall be deliveredto thepartydeposed withinthirty (30) days of thedeposition, and shallbe returned, dulyexecuted, pursuant to CPLR § 3116. (e) Subpoenas forthe exarniñationbefore trial of any non-party witness shall be served no later than 45 days afterthe camp:é‡|on of partydepositions, providedsuch witness is known by complet½n of party depositions, and if notknown at thattime,within45 days of first disclosureor idañUficatiünofsuch witnessor within the discretionof theCourt. (6)Other Disclosuref (a) On orbefore W/ . all parties shallexchange names and addresses of all witnesses, and shallexch¾ngs state ents ofopposing partiesand phetographs, or,if none,shallprovide an affirmationtothat effect. (b) All parties shall exchange information relatingto expert witnesses in compliance with CPLR §3101(d)(i). (c)Medicare Liens: Ifplaintiff isa medicare recipientor plaintiff eligible, shall,within30 days, provide defendant(s) withthe detailsof said lien(s),or if sakñõwñ,copies of correspondence to Medicare, evidencing plaintiff's effortsto determiñê the outstanding claim against said should p½iñüíiibeneficiary, one exist. (d)AdditionalDisclosure Issues: With respect to additionaldisclosure issues,the parties shall comply with thefollowing agreement: FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 TLED . QUEENS COUNTY CLERK I T/I-4-T2018- 03 :-I0 - -- ~~~ ~ WIC P141 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14/201 (7) Impleader: All actions shallbe commenced on or before the Compliance Conference date. third-party Joinder action of a third-party beyond thisdate withoutleave of Courtmay resultina severance. Completion of Disc!esure; AIIdisclosure shallbe completed on or before the Compliance (8) Conference date: (9)Compliance Conference: (a)Unless a Note of Issue/Certificateof Readiñéss shallhave been filedprior counsel thereto, for ' . all parties shall appear at a Com Conference which shall be held in the Comp!iance ncy Conference/Settlement Part on 17/ . (b)Fi(ingof a Noteof issue priorto theCompliance Conferencernust include a writtenstipu!etion fullyexecuted by all parties acknowledging thatall discoveryhas been cornpleted. FeiIureto comply with this provisionwillresultin vacaturof the prematurely filedNote ofIssue. (c)Copies ofmedical reportsand p|éadingsare to be broughtto theC0mp"âñce Conference and attendingattomeys must be knowledgeableaboutthe caseand be prepared to discuss sc"!c.mcidat thatÈme. (1 ) Notp of issue: shall Plaintiff filea Note ofIssue/Certificateof Readiness on or before (11) Motions for Summe-y Judq:-cr.t: Pursuant to CPLR Rule 3212(a). any motion forsummary judgment shall be made no laterthan days after the of filing the note of Issue, but under no circumstances beyond 120 daysofthe fihngof the Note ofIssue absent furtherorder of thecourt . . (12) Stip±±!e•'t of sett!cment or dieccñ"rc2ance are to be filedby defendant, pursuant to 22 NYCRR 202.28, with theCounty Clerk and must also givea copy to the Part ofCourt to which the action has been assigned, within 20 days of such discontinuance. - SO ORDERED: I, theundersigned have read the praced!na and understand the provisicas coñtsiasd herein shall fully ce=!!tute an Order of the Court. Failure tocomply with any provision of this order may result in the imposition of costs, sanctions or other penaltics provided by law. Pldintiff' Atto Attomey Defendant Attomey forPldintiff A omey forDefendán Attomey forPlaintiff Attomey forDefendant Attorney forPlaintiff Attorney forDefendant -3- 3 of G FILED: QUEENS COUNTY CLERK 07/17/2019 01:17 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/17/2019 8 NYSCEF DQC. NO. 10 RECEIVED NYSCEF: 12/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS . 88-11 Sutphin Blvd. Jamaica, New York 11435 ---_____________.____________ _________..______ . Plaintiff(s) Index No. -against - Defendant(s) NOTICE OF COMPLIANCE/SETTLEMENT CONFERENCE A Compliance/Settlement Conference has been scheduled in the above-named case in which you appear as counsel. The Conference will be held before JUSTICE JOSEPH J. ESPOSITO in·the compliance/Settlement Conference Part on at 9:30 A.M. Counsel appearing for the Conference MUST bring the Bill of Par ticulars and all previous orders in the case, including the Preliminary Conference Order. At the conference, inquiry will be made regarding the following items of discovery as applicable: bills of particular; authorizations; medical rep.orts; discovery and inspection; document production; insurance information;.EBT's; physical examinations; interrogatories; and compliance with prior discovery orders of the Court. Additionally, serious settlement discussions will be conducted. Consequently, an attorney representing your client MUST at- appear t-he conference and MUST be fully familiar with the case and the status of discovery. The attorney MUST bring to the Conference all available documentary evidence relating to injury and damages, and MOST be authorized to enter binding stipulations and to dispose of the case. Failure to appear at the Conference may result in the imposition of sanctions or other appropriate judicial action. -4- 4 of 4