On April 07, 2021 a
Party Statement
was filed
involving a dispute between
Harry J Hampson,
and
Amchem Products, Inc., N K A Rhone Poulenc Ag Company, N K A Bayer Cropscience Inc,
Arvinmeritor, Inc., Individually And As Successor-In-Interest To Rockwell Automotive,
Cbs Corporation, F K A Viacom Inc., Successor By Merger To Cbs Corporation, F K A Westinghouse Electric Corporation,
Cummins, Inc,
Dco Llc F K A Dana Companies, Llc,
Eaton Corporation, Individually And As Successor -In-Interest To Cutler-Hammer, Inc,
General Electric Company,
Grizzly Friction Products, A Division Of Nuturn Corporation,
Hennessy Industries, Inc. Individually And As Successor-In-Interest To Ammco,
Honeywell International, Inc., F K A Allied Signal, Inc. Bendix,
Mack Trucks, Inc,
Mccord Corporation,
Morse Tec Llc, F K A Borg Warner Morse Tec Llc And Successor-By-Merger To Borg-Warner Corporation,
Navistar, Inc., A K A International Truck & Engine Corp. F K A International Harvester, Inc,
Paccar, Inc., Individually And Through Its Division, Peterbilt Motors Co,
Pfizer, Inc.,
Pneumo Abex Llc, Successor In Interest To Abex Corporation,
Standard Motor Products, Inc,
Union Carbide Corporation,
U.S. Rubber Company,
for Torts - Asbestos
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 03/17/2022 11:10 AM INDEX NO. 606219/2021
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 03/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------.-----------------X
HARRY J. HAMPSON,
Plaintiff(s), Index No. 606219/2021
AFFIRMATION IN
COMPLIANCE
-Against-
AMCHEM PRODUCTS, INC.,
n/k/a RHONE POULENC AG COMPANY,
n/k/a BAYER CROPSCIENCE INC., et.al.,
Defendant(s).
___----------------------------------X
MICHAEL FANELLI, an attorney duly licensed to practice before the Courts of the
State of New York, affirms the following, under the penalties of perjury:
1. I am associated with the firm of WEITZ & LUXENBERG, P.C., attorneys for the
plaintiff herein, and am fully familiar with the facts and circumstances of this
action, as revealed by the filemaintained by this office.
2. I hereby affirm that we are in the process of complying with all orders and
directives from HON. JERRY GARGUILO as enumerated in the
PRELIMINARY CONFERENCE STIPULATION and ORDER dated June
3rd, 2021 (attached) and other conferences held by this court pertaining to thiscase.
3. Accordingly, plaintiffsubmits his Note of Issue with Certificate of Readiness.
WHEREFORE, itis respectfully requested that this matter be placed on the Trial
Calendar of thisCourt.
Dated: New York, New York
10th
March , 2022 /s/D saf eM, Éry.
LAW OFFICES MICHAEL FANELLI, ESQ.
wÎ Tz WEITZ & LUXENBERG, P.C.
& Attorneys for Plaintiff
LUXENBERG,P.C.
NE Y , NY 10003 New York, NY 10003
1 of 9
FILED: SUFFOLK COUNTY CLERK 06/03/2021
03/17/2022 12:54
11:10 PM
AM INDEX NO. 606219/2021
NYSCEF DOC. NO. 46
114 RECEIVED NYSCEF: 06/03/2021
03/17/2022
SUPRDME COURT OF THE STATE OF NEW YORK
COUNTY OT SUFFOLK
IAS TEIIM: PAIIT 47
rNDnxNo.606l.ll-) I
PRESIINT: HON. JERIIY GARGUILO
F\n..7 Nc.r".p s ar'J
Plaintiff(s)
Prcliminary
Stipulation
Confcrencc
and Ordcr
-agrinst-
(Section 202.2 and 202.12 ot-tlrc
Unifonn Rules)
\m tV-"'.^ PrrArAr <\. c\\_
Defcndant(s). IiJI Filins D^te: E/ D l)\
(All ltcms on the form must trc completetl unless innpplicablc.)
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
The within Action is hereby designated as STANDARD and thus subjcct to the 12
month disclosure time limitations pcriod applicable thereto (22 NYCIIR 202.19).
Disclosure shall proceed as follows;
(1) Insg3lgcovcragc (CPLR 3l0l(0: If ruot already provided, shall be furnished by
on or befole
(Party/Parties) -
(2) Bill ofParticulars: N\A
. (a) Demands shall be served by_on or before
(Party/Parties)
(b) Bill of Particulals shall be served not laterthan-days aftcl receipt of the dernand.
(3) Mcdi cal ltcp orts :rnd Authorizafions shall be sen ed as fbllows: a r(tb "A tr" k
(4) Physical Dx:rmination: ).J | [\
(a) Exanrination of Shall be held
-
(b) A copy of the physician(s)' rcport shall be ftrrnished to plaintifls) ivithin
olthe exanrinatiorr.
-days
1
2 of 8
9
FILED: SUFFOLK COUNTY CLERK 06/03/2021
03/17/2022 12:54
11:10 PM
AM INDEX NO. 606219/2021
NYSCEF DOC. NO. 46
114 RECEIVED NYSCEF: 06/03/2021
03/17/2022
(s) I)epositions:
(a) Depositions shall be held as follows:
(Priority shall be in accordance with CPLR g 3106 unless otherwise agreed or
ordered)
D nent and time Place
,.4\ Ie fate
C5a,\ >n - *?, b( &, lrn )
i (
Ifone deposition fails to take place as scheduled, theremaining padies' depositions shall nonetheless
proceed as scheduled, except that prioritics between defendants and plaintift! shall be preserved.
(6) AII Othcr Disclosure:
(a) Rr.'-\ €L
ffionorbefore o shalI cxchange natnes and addresses
of all eyewitnesses and notice witnesses, statements of opposing parties and
i photographs, or:, if none, provide a nd aftirnratiou to that cffect. i1a,J,t4 h, st:a,oz-
c^\\ L,:fs, fl ot fl Axce Iosq"t > h,' A t'"€cl i .",/lh oh,,.ts L'.
/t, "1,//l)\ '
(b) Authorizationsforplaintiff(s)'em oyll]ent reco for the oeriod
shall be furnished on or before -
(c) Dernand for discovery and inspection shall be selved by on ot'
before The itcms sought shall be produced to the extcnt not
obiected to. and obiections- ifanv. shall be stated on or before
(d) Accident reports prepared in the regular urse of business shall be exchanged
pursuant to CPLR 3 l0 I (g) by
(e) Other (interrogatories, etc.)
(0 Plaintiff shall plovide auth tions for the following collateral source providers
(cPLR 454s) within da ys:
(7) [mplede r Motion(s) to amend tl.re pleadingsor to add parties shall be completed on or before
(8) Compliance Conference shall be held on \r. AaA-@tttu(n
(9) Status Conferencc shall be held on Nsr
(10) \of- lo,-\.t€ q
End Date for All Disclosu re,
H a,
"r
pc, o r
.-e'{
le'
Preview
FILED: SUFFOLK COUNTY CLERK 03/17/2022 11:10 AM INDEX NO. 606219/2021 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------.-----------------X HARRY J. HAMPSON, Plaintiff(s), Index No. 606219/2021 AFFIRMATION IN COMPLIANCE -Against- AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., et.al., Defendant(s). ___----------------------------------X MICHAEL FANELLI, an attorney duly licensed to practice before the Courts of the State of New York, affirms the following, under the penalties of perjury: 1. I am associated with the firm of WEITZ & LUXENBERG, P.C., attorneys for the plaintiff herein, and am fully familiar with the facts and circumstances of this action, as revealed by the filemaintained by this office. 2. I hereby affirm that we are in the process of complying with all orders and directives from HON. JERRY GARGUILO as enumerated in the PRELIMINARY CONFERENCE STIPULATION and ORDER dated June 3rd, 2021 (attached) and other conferences held by this court pertaining to thiscase. 3. Accordingly, plaintiffsubmits his Note of Issue with Certificate of Readiness. WHEREFORE, itis respectfully requested that this matter be placed on the Trial Calendar of thisCourt. Dated: New York, New York 10th March , 2022 /s/D saf eM, Éry. LAW OFFICES MICHAEL FANELLI, ESQ. wÎ Tz WEITZ & LUXENBERG, P.C. & Attorneys for Plaintiff LUXENBERG,P.C. NE Y , NY 10003 New York, NY 10003 1 of 9 FILED: SUFFOLK COUNTY CLERK 06/03/2021 03/17/2022 12:54 11:10 PM AM INDEX NO. 606219/2021 NYSCEF DOC. NO. 46 114 RECEIVED NYSCEF: 06/03/2021 03/17/2022 SUPRDME COURT OF THE STATE OF NEW YORK COUNTY OT SUFFOLK IAS TEIIM: PAIIT 47 rNDnxNo.606l.ll-) I PRESIINT: HON. JERIIY GARGUILO F\n..7 Nc.r".p s ar'J Plaintiff(s) Prcliminary Stipulation Confcrencc and Ordcr -agrinst- (Section 202.2 and 202.12 ot-tlrc Unifonn Rules) \m tV-"'.^ PrrArAr <\. c\\_ Defcndant(s). IiJI Filins D^te: E/ D l)\ (All ltcms on the form must trc completetl unless innpplicablc.) It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: The within Action is hereby designated as STANDARD and thus subjcct to the 12 month disclosure time limitations pcriod applicable thereto (22 NYCIIR 202.19). Disclosure shall proceed as follows; (1) Insg3lgcovcragc (CPLR 3l0l(0: If ruot already provided, shall be furnished by on or befole (Party/Parties) - (2) Bill ofParticulars: N\A . (a) Demands shall be served by_on or before (Party/Parties) (b) Bill of Particulals shall be served not laterthan-days aftcl receipt of the dernand. (3) Mcdi cal ltcp orts :rnd Authorizafions shall be sen ed as fbllows: a r(tb "A tr" k (4) Physical Dx:rmination: ).J | [\ (a) Exanrination of Shall be held - (b) A copy of the physician(s)' rcport shall be ftrrnished to plaintifls) ivithin olthe exanrinatiorr. -days 1 2 of 8 9 FILED: SUFFOLK COUNTY CLERK 06/03/2021 03/17/2022 12:54 11:10 PM AM INDEX NO. 606219/2021 NYSCEF DOC. NO. 46 114 RECEIVED NYSCEF: 06/03/2021 03/17/2022 (s) I)epositions: (a) Depositions shall be held as follows: (Priority shall be in accordance with CPLR g 3106 unless otherwise agreed or ordered) D nent and time Place ,.4\ Ie fate C5a,\ >n - *?, b( &, lrn ) i ( Ifone deposition fails to take place as scheduled, theremaining padies' depositions shall nonetheless proceed as scheduled, except that prioritics between defendants and plaintift! shall be preserved. (6) AII Othcr Disclosure: (a) Rr.'-\ €L ffionorbefore o shalI cxchange natnes and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and i photographs, or:, if none, provide a nd aftirnratiou to that cffect. i1a,J,t4 h, st:a,oz- c^\\ L,:fs, fl ot fl Axce Iosq"t > h,' A t'"€cl i .",/lh oh,,.ts L'. /t, "1,//l)\ ' (b) Authorizationsforplaintiff(s)'em oyll]ent reco for the oeriod shall be furnished on or before - (c) Dernand for discovery and inspection shall be selved by on ot' before The itcms sought shall be produced to the extcnt not obiected to. and obiections- ifanv. shall be stated on or before (d) Accident reports prepared in the regular urse of business shall be exchanged pursuant to CPLR 3 l0 I (g) by (e) Other (interrogatories, etc.) (0 Plaintiff shall plovide auth tions for the following collateral source providers (cPLR 454s) within da ys: (7) [mplede r Motion(s) to amend tl.re pleadingsor to add parties shall be completed on or before (8) Compliance Conference shall be held on \r. AaA-@tttu(n (9) Status Conferencc shall be held on Nsr (10) \of- lo,-\.t€ q End Date for All Disclosu re, H a, "r pc, o r .-e'{ le'