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SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY: COMPLIANCE SETTLEMENT AND CONFERENCE PART
COMPLIANCE CONFERENCE STIPULATION AND ORDER
PRESENT: Frederick Sampson
Justice
RICHARD PERRY
Index Number: __715077/2021
Conference Cal. No:
-against-
Date RJI Filed: 08/16/2021
ASTORIA WEST, LLC. C/O
CAPE ADVISORS, INC.
X
IS THIS ACTION READY FOR TRIAL? [|] YES NO
APPEARANCES:
Plaintiff/Petitioner: RICHARD PERRY
Firm/Attorney of Record: HACH & ROSE, LLP.
Assigned Attorney: Brandon R. Cotter, Esq.
Address: 112 Madison Ave., 10th floor, New York, NY 10016
Email: bc@hachroselaw.com
Telephone: 212-779-0057 Fax: 212-779-0028
Defendant/Respondent: ASTORIA WEST, LLC. C/O CAPE ADVISORS, INC.
Firm/Attorney of Record: "
Assigned Attorney: Arthur T. McQuillan
Address: 99° Stewart Ave., Suite 400, Garden City, NY 11530
Email: McQuiat@nationwide.com
Telephone: 516-493-4486 Fax: 866-909-6658Defendant/Respondent:
Firm/Attorney of Record:
Assigned Attorney:
Address:
Email:
Telephone: Fax:
Defendant/Respondent:
Firm/Attorney of Record:
Assigned Attorney:
Address:
Email:
Telephone: Fax:
ALL FIELDS MUST BE COMPLETED
Upon the Preliminary Conference Order dated 09/13/2021 , and following a
Compliance Conference held on 12/13/2021 and it appearing that disclosure
previously ordered herein has not been completed, or that additional disclosure is warranted, it is
hereby
ORDERED that all pending discovery-related motions shall be brought to the
attention of the Court, and it is further
ORDERED that disclosure demands now known to be necessary which are not
raised in this Order are deemed to be waived, and it is further
ORDERED that disclosure shall proceed and be completed in accordance herewith, and
it is further
ORDERED that all proceedings 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 it is 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, and it is furtherSTIPULATED and ORDERED as follows:
DOCUMENTS, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION:
Bill of Particulars was served
Supplemental Bill of Particulars
required
Insurance Coverage was served
Lien information was served
Authorizations served
Specific Authorizations Required
DEPOSITIONS:
Plaintiff has been deposed
Defendant has been deposed
Non-party witness has been deposed
Parties not yet deposed:
IYES ¥ INO (If no, Plaintiff / Defendant
shall serve on or before:
01/14/2022
YES ¥ INO (If yes, Plaintiff / Defendant
shall serve on or before:
L_IYES LY INO (If no, Plaintiff / Defendant
shall serve on or before:
01/14/2022 .
LLYES ¥ INO (If no, Plaintiff / Defendant
shall serve on or before:
01/14/2022
YES ¥|INO (If no, Plaintiff / Defendant
shall serve on or before:
01/14/2022
LWesAll parties not yet deposed shall appear for deposition on: at
o’clock virtually, or as otherwise agreed among the parties. (The date for
deposition must be no more than 30 days from the date hereof. Insert any further provisions
regarding depositions):
Plaintiff: March 15, 2022
Defendant: March 29, 2022
PHYSICAL EXAMINATIONS:
Independent Medical Examination [IME] held ves [4]xo
Further IME required ves [¥|No
If no Independent Medical Examination has been held, all defendants and other parties
desiring to take the physical examination of any plaintiff shall designate, in writing, the
physician(s) to take such examination within 30 days of the completion of the plaintiff's
deposition, or within 20 days of the date hereof in the event plaintiff's deposition has already
occurred.
All physical examinations shall be completed within 60 days of the designation of
examining physician(s). Pursuant to 22 NYCRR § 202.17 (c), copies of the reports of the
examining physician(s) shall be served on all parties within 45 days after the completion of the
examination.
(Insert any further provisions regarding physical examinations below):
and it is further
ORDERED that any further third-party actions shall be commenced promptly upon
discovery of the identity of the third-party defendant(s), but not more than 30 days after the
completion of depositions, unless for good cause shown, and it is further
ORDERED that parties aggrieved by failures to disclose must seek prompt relief or be
deemed to have waived the outstanding discovery, and it is furtherORDERED No motion for discovery shall be made without an Affirmation from the
movant that a conference with the Court was first requested and either held or denied; the
absence of such an Affirmation shall result in denial of the motion, and it is further
ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall
within 30 days provide defendant with copies of all correspondence to Medicare, as evidence of
plaintiff's efforts to determine the outstanding claim against said plaintiff/beneficiary should one
exist, e.g. final demand or conditional summary from the Centers for Medicare and Medicaid
Services, and it is further
ORDERED that plaintiff(s) shall provide fresh HIPAA-compliant authorizations for
release of medical records not later than 60 days before trial, and it is further
ORDERED that summary judgment motions shall be filed no later than 120 days after
filing the Note of Issue unless otherwise directed by the Court, and it is further
ORDERED that a Note of Issue shall not be filed until the Court directs or the parties
certify, via stipulation and/or Certification Order, that all discovery is complete, and it is further
ORDERED that any statutory stays for disclosure due to the pendency of motions
pursuant to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for
summary judgment pending the filing of a Note of Issue as directed herein, and it if further
ORDERED that any parties failing to appear for this Conference shall be bound by the
terms of this Order, and it is further
ORDERED as follows:
Plaintiff will respond to defendant's combined demands and notice for discovery and inspection dated August 16, 2021 by January 14, 2022
If disputes arise about compliance with this Order, the parties shall promptly confer in
good faith in an effort to resolve those disputes. If that effort fails, the parties or any party
aggrieved shall, in advance of deadlines and prior to initiating motion practice, bring the
dispute to the attention of the Court, which will schedule a conference shortly thereafter to
resolve the dispute.Absent good cause, failure to comply with this order may result in the imposition of
penalties upon the offending party and, where warranted, upon counsel. Such penalties
may include waiver of the discovery, preclusion, dismissal, striking of an answer, costs,
sanctions, and attorney's fees.
Dated:
Attorney for Plaintiff/Petitioner:
ZC
SO ORDERED:
JS.C.
Attorney for Defendant/Respondent:
Arthur T. McQuillan
E-mail address: bcC@hachroselaw.com
Attorney for Defendant/Respon
lent:
E-mail address: McQuia1@nationwide.com
Attorney for Defendant/Respondent:
E-mail address:
FOR COURT USE ONLY:
A virtual conference shall be held on
E-mail address:
sweets NOTE: PLEASE PROCEED TO PAGE 7 *#**+#t#4044*ADDITIONAL REQUESTS
1.REQUEST FOR REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (ADR):
YES [¥]| NO (Parties seeking Court-referred ADR shall
Coordinator at gscadr@nycourts.gov and follow instructions.)
email the ADR
2.REQUEST FOR CONFERENCE WITH COURT: LC] YES
[v] NO (All conferences
with the Court shall be held at a date and TIME CERTAIN. All conferences with the Court
shall _be limited to_thirty (30) minutes.) Parties shall submit
a completed Compliance
Conference Order to the Court at csep@nycourts.gov no less than two (2) business days
before the scheduled conference and indicate whether a conference with the Court is
necessary.
(If ‘YES’, any discovery issues that the parties cannot agree to shall be noted below for
resolution by the Court):
3.REQUEST FOR REFERRAL TO:
Summary Bench Trial LIYES ¥|NO
Summary Jury Trial LJyeEs [¥JNO
Dated:
Attorney for Plaintiff/Petitioner: Attorney for Defendant/Respondent:
| ZEEE Arthur T. McQuillan
E-mail address: |bc@hachroselaw.com E-mail address:
Attorney for Defendant/Respondent: Attorney for Defendant/Respondent:
McQuia1@nationwide.com
E-mail address: LC” E-mail address:
Lo
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SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY: COMPLIANCE SETTLEMENT AND CONFERENCE PART COMPLIANCE CONFERENCE STIPULATION AND ORDER PRESENT: Frederick Sampson Justice RICHARD PERRY Index Number: __715077/2021 Conference Cal. No: -against- Date RJI Filed: 08/16/2021 ASTORIA WEST, LLC. C/O CAPE ADVISORS, INC. X IS THIS ACTION READY FOR TRIAL? [|] YES NO APPEARANCES: Plaintiff/Petitioner: RICHARD PERRY Firm/Attorney of Record: HACH & ROSE, LLP. Assigned Attorney: Brandon R. Cotter, Esq. Address: 112 Madison Ave., 10th floor, New York, NY 10016 Email: bc@hachroselaw.com Telephone: 212-779-0057 Fax: 212-779-0028 Defendant/Respondent: ASTORIA WEST, LLC. C/O CAPE ADVISORS, INC. Firm/Attorney of Record: " Assigned Attorney: Arthur T. McQuillan Address: 99° Stewart Ave., Suite 400, Garden City, NY 11530 Email: McQuiat@nationwide.com Telephone: 516-493-4486 Fax: 866-909-6658Defendant/Respondent: Firm/Attorney of Record: Assigned Attorney: Address: Email: Telephone: Fax: Defendant/Respondent: Firm/Attorney of Record: Assigned Attorney: Address: Email: Telephone: Fax: ALL FIELDS MUST BE COMPLETED Upon the Preliminary Conference Order dated 09/13/2021 , and following a Compliance Conference held on 12/13/2021 and it appearing that disclosure previously ordered herein has not been completed, or that additional disclosure is warranted, it is hereby ORDERED that all pending discovery-related motions shall be brought to the attention of the Court, and it is further ORDERED that disclosure demands now known to be necessary which are not raised in this Order are deemed to be waived, and it is further ORDERED that disclosure shall proceed and be completed in accordance herewith, and it is further ORDERED that all proceedings 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 it is 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, and it is furtherSTIPULATED and ORDERED as follows: DOCUMENTS, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION: Bill of Particulars was served Supplemental Bill of Particulars required Insurance Coverage was served Lien information was served Authorizations served Specific Authorizations Required DEPOSITIONS: Plaintiff has been deposed Defendant has been deposed Non-party witness has been deposed Parties not yet deposed: IYES ¥ INO (If no, Plaintiff / Defendant shall serve on or before: 01/14/2022 YES ¥ INO (If yes, Plaintiff / Defendant shall serve on or before: L_IYES LY INO (If no, Plaintiff / Defendant shall serve on or before: 01/14/2022 . LLYES ¥ INO (If no, Plaintiff / Defendant shall serve on or before: 01/14/2022 YES ¥|INO (If no, Plaintiff / Defendant shall serve on or before: 01/14/2022 LWesAll parties not yet deposed shall appear for deposition on: at o’clock virtually, or as otherwise agreed among the parties. (The date for deposition must be no more than 30 days from the date hereof. Insert any further provisions regarding depositions): Plaintiff: March 15, 2022 Defendant: March 29, 2022 PHYSICAL EXAMINATIONS: Independent Medical Examination [IME] held ves [4]xo Further IME required ves [¥|No If no Independent Medical Examination has been held, all defendants and other parties desiring to take the physical examination of any plaintiff shall designate, in writing, the physician(s) to take such examination within 30 days of the completion of the plaintiff's deposition, or within 20 days of the date hereof in the event plaintiff's deposition has already occurred. All physical examinations shall be completed within 60 days of the designation of examining physician(s). Pursuant to 22 NYCRR § 202.17 (c), copies of the reports of the examining physician(s) shall be served on all parties within 45 days after the completion of the examination. (Insert any further provisions regarding physical examinations below): and it is further ORDERED that any further third-party actions shall be commenced promptly upon discovery of the identity of the third-party defendant(s), but not more than 30 days after the completion of depositions, unless for good cause shown, and it is further ORDERED that parties aggrieved by failures to disclose must seek prompt relief or be deemed to have waived the outstanding discovery, and it is furtherORDERED No motion for discovery shall be made without an Affirmation from the movant that a conference with the Court was first requested and either held or denied; the absence of such an Affirmation shall result in denial of the motion, and it is further ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall within 30 days provide defendant with copies of all correspondence to Medicare, as evidence of plaintiff's efforts to determine the outstanding claim against said plaintiff/beneficiary should one exist, e.g. final demand or conditional summary from the Centers for Medicare and Medicaid Services, and it is further ORDERED that plaintiff(s) shall provide fresh HIPAA-compliant authorizations for release of medical records not later than 60 days before trial, and it is further ORDERED that summary judgment motions shall be filed no later than 120 days after filing the Note of Issue unless otherwise directed by the Court, and it is further ORDERED that a Note of Issue shall not be filed until the Court directs or the parties certify, via stipulation and/or Certification Order, that all discovery is complete, and it is further ORDERED that any statutory stays for disclosure due to the pendency of motions pursuant to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for summary judgment pending the filing of a Note of Issue as directed herein, and it if further ORDERED that any parties failing to appear for this Conference shall be bound by the terms of this Order, and it is further ORDERED as follows: Plaintiff will respond to defendant's combined demands and notice for discovery and inspection dated August 16, 2021 by January 14, 2022 If disputes arise about compliance with this Order, the parties shall promptly confer in good faith in an effort to resolve those disputes. If that effort fails, the parties or any party aggrieved shall, in advance of deadlines and prior to initiating motion practice, bring the dispute to the attention of the Court, which will schedule a conference shortly thereafter to resolve the dispute.Absent good cause, failure to comply with this order may result in the imposition of penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of the discovery, preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees. Dated: Attorney for Plaintiff/Petitioner: ZC SO ORDERED: JS.C. Attorney for Defendant/Respondent: Arthur T. McQuillan E-mail address: bcC@hachroselaw.com Attorney for Defendant/Respon lent: E-mail address: McQuia1@nationwide.com Attorney for Defendant/Respondent: E-mail address: FOR COURT USE ONLY: A virtual conference shall be held on E-mail address: sweets NOTE: PLEASE PROCEED TO PAGE 7 *#**+#t#4044*ADDITIONAL REQUESTS 1.REQUEST FOR REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (ADR): YES [¥]| NO (Parties seeking Court-referred ADR shall Coordinator at gscadr@nycourts.gov and follow instructions.) email the ADR 2.REQUEST FOR CONFERENCE WITH COURT: LC] YES [v] NO (All conferences with the Court shall be held at a date and TIME CERTAIN. All conferences with the Court shall _be limited to_thirty (30) minutes.) Parties shall submit a completed Compliance Conference Order to the Court at csep@nycourts.gov no less than two (2) business days before the scheduled conference and indicate whether a conference with the Court is necessary. (If ‘YES’, any discovery issues that the parties cannot agree to shall be noted below for resolution by the Court): 3.REQUEST FOR REFERRAL TO: Summary Bench Trial LIYES ¥|NO Summary Jury Trial LJyeEs [¥JNO Dated: Attorney for Plaintiff/Petitioner: Attorney for Defendant/Respondent: | ZEEE Arthur T. McQuillan E-mail address: |bc@hachroselaw.com E-mail address: Attorney for Defendant/Respondent: Attorney for Defendant/Respondent: McQuia1@nationwide.com E-mail address: LC” E-mail address: Lo