On April 24, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Steven Jimenez,
and
315 Seventh Residential L.L.C.,
Maxwell Kates, Inc.,
The 315 Seventh Avenue Condominium,
T-Mobile Usa, Inc.,
for Torts - Other Negligence (Negligence)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK
INDIVIDUAL ASSIGNMENT PART [OR JUSTICE]
153982/2021
Index No.
STEVEN JIMENEZ,
DCM Track
Plaintiff(s),
- against-
PRELIMINARY CONFERENCE
MAXWELL KATES, INC., 315 SEVENTH RESIDENTIAL L.L.C., ORDER
THE 315 SEVENTH AVENUE CONDOMINIUM and T-MOBILE USA, INC.,
Defendant(s).
(202.8, 202.12 and 202, 19
of theUniform Rules)
APPEARANCES
Plaintiff(s): by Liakas Law, P.C.
Defendant(s): T-Mobile, USA by Smith Mazure, P.C., by Daniel Sohnen
- Baer & Sedereas
Maxwell Kates, Inc. and The 315 Seventh Avenue Czz by Sjoquist, Bates,
Itis herebyORDERED thatdisuluscre shallproceed as follows:
dcfêñdants 11-23-21
(1) Insurance Coverage: Ifnotalready provided, shallbe furnished by on or before
(2) Bill of Particulars:
Demand for a bill
of particularsshallbe served served on orbefore .
(a) by
shallbe Plaintiff on or before 11-8-21
(b) Billofparticulars servedby
(c) A supplemental billof particularsshallbe served by as toItems
on or before __
(3) Medical Reports and Authorizations:
Plaintiffto serve copies of allrelevant medical records and previde HIPAA ce
Shall be served as follows:
authorizations by 11-8-21
(4) Physical Examination:
Examination of IMEs of plaintiff shall
(a) be held
within completion of plaintiff'sSc en.
45 days of
(b) A copy ofthe physician'sreport shallbe furnshed to plaintiffwithin 30 days of theemineien.
Plai t
Defendant The 315 Seventh Avenue Condominium's depostionto be heldon 2-23-22.
Defendant T Mobile USA, Inc.'sdeposition to be held on 3-2-22.
(6) Other Disclosure:
on or before 11-8-21
(a) All on
parties, orbefore , shallexchange names and addresses of alleye
witnesses and notice witnesses,statements ofeppesing parties,and photographs, or,ifnone, provide an afE--ef re
to thateffect.
plaintiff(s)'
(b) Authorization for employment records forthe period
shallbe furnished on or before 11-8-21
on or before
(c) Dematid for and inspection shallbe served 11-1-21 and responded to
discovery by
on or before 12-1-21 . The be produced extentnot
items sought shall to the
objected to,and objections,ifany, shallbe statedon or before
(d) Other [interrogatories,etc.]
TS-Ih (REV4A5/02)
FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022
No: PC ORDER - Page 2
Case Name: . __ Index
(7) End Date for All Disclosure:
Impleader Shall be completed on or before .
(8)
(9) Compliance Conference: Shall be held on
Mations; dispasitive shallbe made on or before .
(10) Any motion(s)
(1 1) Note of Issue: shall filea note of issue/c=rtificiite
of readiness on or
before __. A of this order,an afHrmation statingthat theterms ofthe
copy
order have been complied with,and an affidavitof service ofthe afrumation and note of issue shallbe served and filed
with the note ofissue on or before said date.
FAILURE TO COMPLY WITH ANY OF THESE DIRECTIVES MAY RESULT IN THE IMPOSITION OF COSTS OR
SANCTIONS OR OTHER ACTION AUTHORI7E.n BY LAW.
SO ORDERED:
Dated: --...
J.S. C.
ADDITIONAL DIRECTIVES
In additionto thedirectives set forthabove, itisfurther ORDERED as follows:
plainti"
to respond to defeiidâii‡T-Mobile USA, Inc.'s initialderñañds dated 6-23-21 within 30 days
Plaintiff
shallrespondto The 315 Seventh Avenue Condominimn's combined discovery demands, demand for a bill
of particulars,
and demand pursuant to mandatoryinsurerreportinglaw,dated June within
12, 2021, 30 days.
Defendant T-Mobile USA, Inc.shallrespondto The 315 SeventhAvenue Cendeminium's combined discovery demands and demand fordocuments, dated
October 4, 2021,within30 days.
The 315 Seventh Avenue CondemiMum shallrespondto alldiscoverydemands within 30 days.
Dated:
SO ORDERED:
TS-33a(REV#15/02) /S. C
FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022
PRELIMINARY CONFERENCE ORDER
X. ADDITIONAL DIRECTIVES:
X. ADDITIONAL DIRECTIVES
3C.0F(REV2/86)
Document Filed Date
January 12, 2022
Case Filing Date
April 24, 2021
Category
Torts - Other Negligence (Negligence)
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FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022 EXHIBIT F FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022 SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK INDIVIDUAL ASSIGNMENT PART [OR JUSTICE] 153982/2021 Index No. STEVEN JIMENEZ, DCM Track Plaintiff(s), - against- PRELIMINARY CONFERENCE MAXWELL KATES, INC., 315 SEVENTH RESIDENTIAL L.L.C., ORDER THE 315 SEVENTH AVENUE CONDOMINIUM and T-MOBILE USA, INC., Defendant(s). (202.8, 202.12 and 202, 19 of theUniform Rules) APPEARANCES Plaintiff(s): by Liakas Law, P.C. Defendant(s): T-Mobile, USA by Smith Mazure, P.C., by Daniel Sohnen - Baer & Sedereas Maxwell Kates, Inc. and The 315 Seventh Avenue Czz by Sjoquist, Bates, Itis herebyORDERED thatdisuluscre shallproceed as follows: dcfêñdants 11-23-21 (1) Insurance Coverage: Ifnotalready provided, shallbe furnished by on or before (2) Bill of Particulars: Demand for a bill of particularsshallbe served served on orbefore . (a) by shallbe Plaintiff on or before 11-8-21 (b) Billofparticulars servedby (c) A supplemental billof particularsshallbe served by as toItems on or before __ (3) Medical Reports and Authorizations: Plaintiffto serve copies of allrelevant medical records and previde HIPAA ce Shall be served as follows: authorizations by 11-8-21 (4) Physical Examination: Examination of IMEs of plaintiff shall (a) be held within completion of plaintiff'sSc en. 45 days of (b) A copy ofthe physician'sreport shallbe furnshed to plaintiffwithin 30 days of theemineien. Plai t Defendant The 315 Seventh Avenue Condominium's depostionto be heldon 2-23-22. Defendant T Mobile USA, Inc.'sdeposition to be held on 3-2-22. (6) Other Disclosure: on or before 11-8-21 (a) All on parties, orbefore , shallexchange names and addresses of alleye witnesses and notice witnesses,statements ofeppesing parties,and photographs, or,ifnone, provide an afE--ef re to thateffect. plaintiff(s)' (b) Authorization for employment records forthe period shallbe furnished on or before 11-8-21 on or before (c) Dematid for and inspection shallbe served 11-1-21 and responded to discovery by on or before 12-1-21 . The be produced extentnot items sought shall to the objected to,and objections,ifany, shallbe statedon or before (d) Other [interrogatories,etc.] TS-Ih (REV4A5/02) FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022 No: PC ORDER - Page 2 Case Name: . __ Index (7) End Date for All Disclosure: Impleader Shall be completed on or before . (8) (9) Compliance Conference: Shall be held on Mations; dispasitive shallbe made on or before . (10) Any motion(s) (1 1) Note of Issue: shall filea note of issue/c=rtificiite of readiness on or before __. A of this order,an afHrmation statingthat theterms ofthe copy order have been complied with,and an affidavitof service ofthe afrumation and note of issue shallbe served and filed with the note ofissue on or before said date. FAILURE TO COMPLY WITH ANY OF THESE DIRECTIVES MAY RESULT IN THE IMPOSITION OF COSTS OR SANCTIONS OR OTHER ACTION AUTHORI7E.n BY LAW. SO ORDERED: Dated: --... J.S. C. ADDITIONAL DIRECTIVES In additionto thedirectives set forthabove, itisfurther ORDERED as follows: plainti" to respond to defeiidâii‡T-Mobile USA, Inc.'s initialderñañds dated 6-23-21 within 30 days Plaintiff shallrespondto The 315 Seventh Avenue Condominimn's combined discovery demands, demand for a bill of particulars, and demand pursuant to mandatoryinsurerreportinglaw,dated June within 12, 2021, 30 days. Defendant T-Mobile USA, Inc.shallrespondto The 315 SeventhAvenue Cendeminium's combined discovery demands and demand fordocuments, dated October 4, 2021,within30 days. The 315 Seventh Avenue CondemiMum shallrespondto alldiscoverydemands within 30 days. Dated: SO ORDERED: TS-33a(REV#15/02) /S. C FILED: NEW YORK COUNTY CLERK 01/12/2022 04:36 PM INDEX NO. 153982/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/12/2022 PRELIMINARY CONFERENCE ORDER X. ADDITIONAL DIRECTIVES: X. ADDITIONAL DIRECTIVES 3C.0F(REV2/86)