On May 25, 2021 a
Conference
was filed
involving a dispute between
St,
T. S.,
and
Brewster Central School District,
for Torts - Child Victims Act
in the District Court of Putnam County.
Preview
PRELIMINARY CONFERENCES
VIRTUAL INSTRUCTIONS
When filling out the PC form please note the following:
Fill in Line 8 to read: 30 days from Note of Issue
Fill in Line 9 to read: 30 days from completion of
depositions
Line 10 End Date for all Disclosure:
Insert date 8 months from date of PC
Order
Line 11 Compliance conference
Choose date approx. 90 days from date of
PC Order
Line 13 ADR settlement conference:
Choose date between 30 and 45 days
from PC Order
-
1
p ,=, Coort 342 P,g, I M-1767 Rev. 1/04
.
APPENDIX (1)
SUPREME COURT COUNTY OF NASS�U.
PRESENT: IAS JUSTICE ttUN.8TEVENM.JAEGcR
INDEX NO. ____ 500754/2021 _
T.S.,
Preliminary Conference
Plaintiff(s), Stipulation and Order
against (sections 202.8 and 202.12 & 202.19
of the Uniform Rules)
BREWSTER CENTRAL SCHOOL DISTRICT,
Defendant(s).
(All items on the form must be completed unless inapplicable.)
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
(1) Insurance Coverage (CPLR 3101 (f) If not already provided, shall be f rnished by ______
Defendants
on or before 30 days
----------
(2) Bill of Particulars:
(a) Demand for a bill of particulars shall be served by _______ defendant on or before was
_____ served 10/4/21
_
(b) Bill of particulars shall be served by ____________
plaintiff Jan 24, 2022
on or before______ _
( 3) Medical Report and Authorizations:
by Jan 24, 2022
Shall be served as follows: ---------------------------
(4) Physical Examination:
(a) Examination of ____________________
Plaintiff shall be held _______
45 days from Plaintiff's EBT
(b) A copy of the physician's report shall be furnished to plaintiff(s) within.________ 30 days of
the examination.
(5) Depositions: Choose (a) or (b) - Do not use both
(a) Deponent Date and Time Place
Plaintiff April 12, 2022 TBD
Defendant April 16, 2022 TBD
(b) The parties shall set forth a schedule for depositions to be held no later than _________
and shall provide the court with the schedule.
(Attach additional sheet if necessary)
Optional: D
If one deposition fails to take place as scheduled, the remaining parties' depositions shall nonetheless proceed as
scheduled, except that priorities between defendants and plaintiffs shall be preserved.
I-
Coart342 M-1767 Rcv.5/03 Page 2
(6) Other Disclosure:
(a) All parties, on or before-------�
Feb 18, 2022 shall exchange names and addresses of all eyewitnesses and
notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to that effect.
(b) Authorizations for plaintiff(s) employment records for the period timeframe ________ in S&C shall be furnished on
or before ----------
February 18, 2022
(c) Demand for discovery and inspection shall be served by______ all parties on or before_ February____18, __
2022_
The items sought shall be produced to the extent not objected to, and objections, if any, shall be stated on or
before ----------------------
per CPLR
(d) Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101(g)
by_____ N/A _
(e) Other (interrogatories (CPLR 3130, 3101 (d) Etc.):
N/A
All such disclosure, unless otherwise noted herein, shall be completed by ____________ May 20, 2022 _
(t) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within _
days
(7) The parties shall ensure that a stipulation of discontinuance shall be promptly filed if the case settles before the
next meeting with the Court. Failure to comply with any of these directions may result in the imposition of costs
or sanctions or other action authorized by law.
(8) Motion: any dispositive motions(s) (CPLR 3211 and 3212) shall be made on or before _______ 30 days from NOI _
(9) Impleader Motion(s) to amend the pleadings or to add parties: Shall be completed on or before 30 ____
days from_
completion
(10) End Date for all Disclosure__________
July 11, 2022 _ of EBTs
(11) Compliance/Certification Conference shall be held on ___________ March 10, 2022 _ (To be set by clerk)
I. Affirmation of Injuries: (if applicable)
The most serious injury alleged in this action is :
Psychological/ mental health issues arising from childhood sexual abuse.
(12) Summary Judgment Motions:
Pursuant to CPLR 3214(b), service of a notice of motion under rule 3211, 3212 or 3213 shall NOT stay disclosure
pending the determination of that motion.
M-1767 REV 10/19 Page 3
(13) ALTERNATIVE DISPUTE RESOLUTION
All counsel are directed to appear for a settlement conference which will be held on
January 19, 2022
____________ 9:30am
__,_ at ____ ---l,a.m./p.m.) in the chambers of the assigned Justice.
Counsel is directed to discuss with their client(s) any alternative dispute resolution options available
through the Court, which are as follows: (i) a settlement conference; (ii) participation in a court
alternative dispute resolution program, or (iii) alternative dispute resolution offered by private entities.
At the first settlement conference, counsel must be fully familiar with the case and authorized
to enter into a settlement agreement. Counsel is urged to have his or her client present at the
settlement conference. If,however, counsel's client is not able to appear, his or her client shall be
available by telephone. It is important to note that participation in an Alternate Dispute Resolution
program does not waive any provisions within the preliminary conference order or any other time lines
pursuant to NYCRR 202.19.
(14) ORDERED, that all parties shall provide upon request of another party additional authorizations
for production of records maintained by health care providers and/or facilities.
Attorney for Plaintiff(s): T.S.
________________ by _____________
Email address: lleder@sssfirm.com
Attorney for Plaintiff(s): ________________ by _____________
Email address:
Attorney for Defendant(s): Brewster Central School District
_______________ s/ Danit
by ___________ L. Sibovits _
Email address: dsibovits@mcgivneyandkluger.com
Attorney for Defendant(s): ________________ by _____________
Email address:
Attorney for Defendant(s): ________________ by _____________
Email address:
DATED:
SO ORDERED
J.S.C.
Document Filed Date
December 10, 2021
Case Filing Date
May 25, 2021
Category
Torts - Child Victims Act
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
PRELIMINARY CONFERENCES VIRTUAL INSTRUCTIONS When filling out the PC form please note the following: Fill in Line 8 to read: 30 days from Note of Issue Fill in Line 9 to read: 30 days from completion of depositions Line 10 End Date for all Disclosure: Insert date 8 months from date of PC Order Line 11 Compliance conference Choose date approx. 90 days from date of PC Order Line 13 ADR settlement conference: Choose date between 30 and 45 days from PC Order - 1 p ,=, Coort 342 P,g, I M-1767 Rev. 1/04 . APPENDIX (1) SUPREME COURT COUNTY OF NASS�U. PRESENT: IAS JUSTICE ttUN.8TEVENM.JAEGcR INDEX NO. ____ 500754/2021 _ T.S., Preliminary Conference Plaintiff(s), Stipulation and Order against (sections 202.8 and 202.12 & 202.19 of the Uniform Rules) BREWSTER CENTRAL SCHOOL DISTRICT, Defendant(s). (All items on the form must be completed unless inapplicable.) It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: (1) Insurance Coverage (CPLR 3101 (f) If not already provided, shall be f rnished by ______ Defendants on or before 30 days ---------- (2) Bill of Particulars: (a) Demand for a bill of particulars shall be served by _______ defendant on or before was _____ served 10/4/21 _ (b) Bill of particulars shall be served by ____________ plaintiff Jan 24, 2022 on or before______ _ ( 3) Medical Report and Authorizations: by Jan 24, 2022 Shall be served as follows: --------------------------- (4) Physical Examination: (a) Examination of ____________________ Plaintiff shall be held _______ 45 days from Plaintiff's EBT (b) A copy of the physician's report shall be furnished to plaintiff(s) within.________ 30 days of the examination. (5) Depositions: Choose (a) or (b) - Do not use both (a) Deponent Date and Time Place Plaintiff April 12, 2022 TBD Defendant April 16, 2022 TBD (b) The parties shall set forth a schedule for depositions to be held no later than _________ and shall provide the court with the schedule. (Attach additional sheet if necessary) Optional: D If one deposition fails to take place as scheduled, the remaining parties' depositions shall nonetheless proceed as scheduled, except that priorities between defendants and plaintiffs shall be preserved. I- Coart342 M-1767 Rcv.5/03 Page 2 (6) Other Disclosure: (a) All parties, on or before-------� Feb 18, 2022 shall exchange names and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to that effect. (b) Authorizations for plaintiff(s) employment records for the period timeframe ________ in S&C shall be furnished on or before ---------- February 18, 2022 (c) Demand for discovery and inspection shall be served by______ all parties on or before_ February____18, __ 2022_ The items sought shall be produced to the extent not objected to, and objections, if any, shall be stated on or before ---------------------- per CPLR (d) Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101(g) by_____ N/A _ (e) Other (interrogatories (CPLR 3130, 3101 (d) Etc.): N/A All such disclosure, unless otherwise noted herein, shall be completed by ____________ May 20, 2022 _ (t) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within _ days (7) The parties shall ensure that a stipulation of discontinuance shall be promptly filed if the case settles before the next meeting with the Court. Failure to comply with any of these directions may result in the imposition of costs or sanctions or other action authorized by law. (8) Motion: any dispositive motions(s) (CPLR 3211 and 3212) shall be made on or before _______ 30 days from NOI _ (9) Impleader Motion(s) to amend the pleadings or to add parties: Shall be completed on or before 30 ____ days from_ completion (10) End Date for all Disclosure__________ July 11, 2022 _ of EBTs (11) Compliance/Certification Conference shall be held on ___________ March 10, 2022 _ (To be set by clerk) I. Affirmation of Injuries: (if applicable) The most serious injury alleged in this action is : Psychological/ mental health issues arising from childhood sexual abuse. (12) Summary Judgment Motions: Pursuant to CPLR 3214(b), service of a notice of motion under rule 3211, 3212 or 3213 shall NOT stay disclosure pending the determination of that motion. M-1767 REV 10/19 Page 3 (13) ALTERNATIVE DISPUTE RESOLUTION All counsel are directed to appear for a settlement conference which will be held on January 19, 2022 ____________ 9:30am __,_ at ____ ---l,a.m./p.m.) in the chambers of the assigned Justice. Counsel is directed to discuss with their client(s) any alternative dispute resolution options available through the Court, which are as follows: (i) a settlement conference; (ii) participation in a court alternative dispute resolution program, or (iii) alternative dispute resolution offered by private entities. At the first settlement conference, counsel must be fully familiar with the case and authorized to enter into a settlement agreement. Counsel is urged to have his or her client present at the settlement conference. If,however, counsel's client is not able to appear, his or her client shall be available by telephone. It is important to note that participation in an Alternate Dispute Resolution program does not waive any provisions within the preliminary conference order or any other time lines pursuant to NYCRR 202.19. (14) ORDERED, that all parties shall provide upon request of another party additional authorizations for production of records maintained by health care providers and/or facilities. Attorney for Plaintiff(s): T.S. ________________ by _____________ Email address: lleder@sssfirm.com Attorney for Plaintiff(s): ________________ by _____________ Email address: Attorney for Defendant(s): Brewster Central School District _______________ s/ Danit by ___________ L. Sibovits _ Email address: dsibovits@mcgivneyandkluger.com Attorney for Defendant(s): ________________ by _____________ Email address: Attorney for Defendant(s): ________________ by _____________ Email address: DATED: SO ORDERED J.S.C.