Preview
FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021
RULES FOR PART 11 – DISCOVERY PART (a/k/a DCM)
The following rules supersede the Temporary Rules During Period of Covid Restrictions issued in Jan. and April 2021.
Presiding Justice: HON. JULIA I. RODRIGUEZ OCTOBER 1, 2021
WHEREAS THE REPERCUSSIONS OF THE COVID-19 PUBLIC HEALTH EMERGENCY CONTINUE TO IMPACT COURT
OPERATIONS, IN-PERSON APPEARANCES ARE CANCELED; CONFERENCES ARE CONDUCTED VIRTUALLY.
1. UPON FILING A REQUEST FOR A PRELIMINARY CONFERENCE, COUNSEL SHALL ALSO FILE THE
BILL OF PARTICULARS. IF YOU REQUIRE A PRELIMINARY CONFERENCE, PLEASE WORK TOGETHER AS ATTORNEYS AND
FILL OUT THE ATTACHED PC FORM; SIGN THE PC FORM AND E-MAIL IT TO:
BxSupCiv-IA11@nycourts.gov.
2. IF, DESPITE GOOD FAITH EFFORTS, COUNSEL ARE NOT ABLE TO REACH A PC CONSENSUS, THE COURT WILL ISSUE
A PRELIMINARY CONFERENCE AND SCHEDULING ORDER (PC&SO); THE COURT WILL INSERT THE DATES FOR THE MAKING
OF DEMANDS AND RESPONSES THERETO, DEPOSITIONS, INSURANCE INFORMATION AND OTHER DISCOVERY. PLEASE
SEND REQUEST FOR PC&SO TO: BxSupCiv-IA11@nycourts.gov.
4. COUNSEL ARE DIRECTED TO COMPLY WITH THE MANDATES OF THE PRELIMINARY CONFERENCE AND
SCHEDULING ORDER. IF COUNSEL ARE UNABLE TO COMPLY WITH THE SCHEDULING ORDER’S DIRECTIVES, THEN
COUNSEL CAN REQUEST A DISCOVERY CONFERENCE, IN ACCORDANCE WITH THE ADMINISTRATIVE ORDER DATED
SEPTEMBER 22, 2021, WHICH READS, in pertinent part:
There shall be no discovery-related conferences absent the written application of a litigant
demonstrating that all good faith efforts have been exhausted to resolve the issue(s)
without court intervention. The application shall identify the good faith efforts undertaken
and highlight specific point(s) of contention that require judicial resolution.
5. PLEASE SEND YOUR REQUEST FOR A DISCOVERY OR COMPLIANCE CONFERENCE TO: BxSupCiv-IA11@nycourts.gov.
and COURTATTORNEYPART11BX@NYCOURTS.GOV. The application shall identify the good faith efforts undertaken and
highlight specific point(s) of contention that require judicial resolution. IN YOUR REQUEST, PLEASE PROPOSE DATES AND
TIMES THAT ARE MUTUALLY AGREEABLE FOR SCHEDULING. IF THE REQUEST IS APPROVED, THE COURT SHALL SEND THE
APPROPRIATE VIRTUAL LINKS TO ALL PARTIES.
6. COUNSEL ARE GRANTED LEAVE TO STIPULATE TO THE FILING OF THE NOTE OF ISSUE WITHOUT COURT
INTERVENTION, WHENEVER DISCOVERY IS COMPLETE.
7. ALL MOTIONS ARE ON SUBMISSION UNLESS OTHERWISE DIRECTED BY THE COURT.
8. MOTIONS PURSUANT TO CPLR 3211, 3212 and 3213 WILL STAY DISCOVERY, in accordance with CPLR R 3214(b).
BE ADVISED THAT WE ARE WORKING ON ALL SUBMITTED MOTIONS TO DATE. IF YOU WITHDRAW ANY MOTION, WE
GREATLY APPRECIATE IT IF YOU WOULD NOTIFY US OF SAME: BxSupCiv-1A11@nycourts.gov.
Regards,
Hon. Julia I. Rodriguez & Principal Court Attorney: Mary Ann Amodeo, Esq.
Chambers Admin. Assistant/Secretary: Mr. Matthew Williams - Chambers Tel: 718-618-1413
Part 11 Court Clerk: Mr. Noam Suberi - Part 11 Tel: 718-618-1226
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FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E
NYSCEFSUPREME COURT OF THE STATE OF NEW
DOC. NO. 18 YORK Calendar
RECEIVED # NYSCEF: 11/05/2021
COUNTY OF BRONX - Part 11 325 (d) ]
PRELIMINARY CONFERENCE ORDER
Plaintiff(s), Pursuant to Part 202 of the Uniform Civil
Rules for the Supreme Court
- against -
HON. JULIA I. RODRIGUEZ, J.S.C.
Preliminary Conference Part
Defendant(s), Index Number
-x Conference Date
APPEARANCES: Plaintiff:
Firm:
By Attorneys Phone: _
Carrier: Phone: Coverage Amount:
Defendant 1:
Firm:
By Attorneys Phone:
Carrier: Phone: Coverage Amount:
Defendant 2:
Firm:
By Attorneys Phone:
Carrier: Phone: Coverage Amount:
Defendant 3:
Firm:
By Attorneys Phone:
Carrier: Phone: Coverage Amount:
I INSURANCE To be furnished within days.
COVERAGE:
II BILL OF 1. Not submitted: Bill of Particulars to be served by
PARTICULARS:
2. Served: 2(a). Satisfactory 2(b). Unsatisfactory
3.
°
Supplemental bill of particulars to be served
Q
4. Bill of particulars for affirmative defenses to be served
Ill MEDICAL REPORTS 1. Furnished (Except:
AND HOSPITAL 2. Medical reports or authorizations for records to be served
AUTHORIZATIONS: 3. Hospital authorizations to be served
IV PHYSICAL 1(a). Held 1( b) Waived
EXAMINATION: 1(c). Examination of
To be held
Defendant to designate physician(s) within 21 days of plaintiffs EBT
2(a). Physician’s report furnished
2(b). Copy of physician’s report to be furnished to plaintiff
SC. NO. 8A Rev. 12/04/04 within of examination.
2 of days
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FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021
PRELIMINARY CONFERENCE ORDER Page 2 of 2
V EXAMINATION 1. Plaintiff Defendants All parties
BEFORE TRIAL: 2. To be held at
Date: Time:
3. Held (Except: _) DWaived
VI OTHER DISCLOSURE: !. None
2. All parties to exchange names and addresses of all witnesses,
opposing parties’ statements, and photographs. If none, an
affirmation to that effect shall be exchanged.
3. Authorizations for plaintiffs employment records (IRS) including
W -2 for period
4.
5. To be completed within
VII IMPLEADER ACTIONS: nl (a) . None 1 (b). To be commenced days after all EBT’s.
VIII DESIGNATED FOR 1(a). CPLR 325 (c)
TRANSFER: 1 (b). CPLR 325 (d )
IX ADDITIONAL See attached page for additional directives
DIRECTIVES:
X ALL PARTIES: Are directed to complete discovery on or before
and appear for a compliance conf. on: t/b/d
Request compliance conference via email:
BxSupCiv-IA11@nycourts.gov
Pendency of motions pursuant to CPLR 3211, 3212 and 3213 stay discovery pursuant to CPLR R
3414(b) .
Counsel will be required to justify , at the Compliance Conference, failure to adhere to the discover}’
schedule set forth herein.
In the event of non-compliance, costs or other sanctions may be imposed; and it is
ORDERED that Plaintiff is granted leave to file the Note of Issue on or before _______________,
when discovery is complete.
Dated: Enter:
Hon. Julia I. Rodriguez, J.S.C.
Parties must adhere to all dates contained herein relating to the completion of items in this order. Counsel
may enter into adjournments without further order of this court, upon consent of all counsel.
SC. NO. 8A Rev. 12/04/04 3 of 8
FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021
Bronx Supreme Court
County
COMPLIANCE CONFERENCE ORDER
Present:
--- __-- ...------- ....... ___----.............X
Index No.
Plaintiff(s),
- against -
Date RJI filed:
Defendant(s).
UPON the Preliminary Conference Order dated , and following a
Compliance Conference held on , and itappearing that disclosure was
previously ordered herein and has not been completed, or that additional disclosure is warranted, itis
hereby
ORDERED that disclosure shall proceed and be completed in accordance herewith; and itis further
ORDERED that proceedings directed herein shall be completed on or before the dates set forth. No
adjournments, postpanments or alterations of this order are pennitted without the court's written approval,
and none may be had upon the stipulation of the parties alone; and itis further
ORDERED that disclosure demands now known to be necessary which are not raised at this
conference are deemed to be waived, unless otherwise ordered by the Court; and itis further
ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR
§§ 3211, 3212 and 3213 are vacated; and itis further
ORDERED that any parties failing to appear at this conference shall be bound by the terms of this
order; and itis further
Revised 12/04/03
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021
COMPLIANCE CONFERENCE ORDER Page 2 of 3
ORDERED that the outstanding discovery shall be provided as follows:
1. INSURANCE COVERAGE: To be provided by
2. BILL OF PARTICULARS: ___A. Response to be provided by ;
Dated: ___B. Supplemental Bill of Particulars as to items:
To be served by
___C. D & I by to be served by
____D. Responses to 's D & I dated to
be served by ;
3. AUTHORIZATIONS: ___A. For Medical Records (specifically for
to be served by ;
__B. Authorizations for PlaintifP s:
_Bmployment Records;
__ W-2 Records for Period
___Other (Specify)
To be served by .
__C. For
to be served by ;
4. EXAMINATION ___ Plaintiff ____ Defendant ____ All Parties
BEFORE TRIAL:
A. To Be Held On at : .m.
At or unless otherwise
NOTE: agreed, the Bronx Supreme Court Building, Room 118.
NO POSTPONEMENTS Any EBT's not completed on said date will be continued
ARE PERMITTED on
WITHOUT COURT _B. Limitations:
APPROVAL.
__ C. Post EBT demands to be served by
and must be responded to by .
FAILURE TO COMPLY WITH THIS SCHEDULE WILL RESULT IN THE
PRECLUSION OF THE OFFENDING PARTY OR WAlVER OF EBT BY NON-
APPEARING PARTY, UNLESS OTHERWISE ORDERED BY THE COURT.
Revised 12/04/03
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021
COMPLIANCE CONFERENCE ORDER Page 3 of 3
PHYSICAL __A. Defendant to designate physician(s) in
5.
EXAMINATION: writing by
__B. Examination to be held by ;
__C. of physician s report to be furnished within 30 days of
Copy
examination.
• FAILURE TO TIMELY DESIGNATE WILL RESULT IN A
WAIVER OF SUCH EXAMINATION, UNLESS OTHERWISE
ORDERED BY THE COURT.
• FAILURE TO COMPLY WILL RESULT IN PLAINTIFF'S
PRECLUSION FROM OFFERING ANY EVIDENCE AT
TRIAL REGARDING THEIR PHYSICAL CONDITION,
UNLESS OTHERWISE ORDERED BY THE COURT.
6. OTHER __A. None.
DISCLOSURE: __B. All parties to exchange names and addresses of allwitnesses.
opposing partie s statements and photographs. If none. an affirmation
to that effect shall be exchanged by .
C. Other:
To be served by ;
and it isfurther
ORDERED that plaintiff shall serve and filea Note of
Issue and Certificate of Readiness on or before . The failure to file
a Note of Issue as required by this order may subject the plaintiff to fines. Plaintiff may not file a
Note of Issue unless all discovery due by plaintiff has been completed pursuant to this order. A
party that files a Note of Issue where that party has not complied with this order may be subject to
costs and/or sanctions; and it isfurther
ORDERED that failure to comply with the directives and schedule detailed herein will
result in either a waiver of the item requested or the prechtsion of items or testimony of the
ofëñding party s evidence at the time of trial. and/or the imposition of costs and sanctions. unless
otherwise ordered by the Court.
DATED: ENTER:
J.S.C.
Revised 4/15/08
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
BRONX INDIVIDUAL ASSIGNMENT PART
COUNTY OF
X
STIPULATION
Index No.
Mot. Cal.No.
D''°
X
IT IS HEREBY STIPULATED AND AGREED by and between the below-named attomey(s) as follows:
Date:
Attomey for Plaintiff
So Ordered.
Attomey for Defendant
ENTER:
J.S.C. Attomey for Defendant
SC. NO.BG Rev. 3/86
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NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021
STATE OF NEW YORK
UNIFIED COURT SYSTEM
TWELFTH JUDICIAL DISTRICT
SUPREME COURT, CML DMSION
851 GRAND CONCOURSE
BRONX, NEW YORK 10451
DORIS M. GONZALEZ
Adminislrat,ve Judge
ADMINISTRATIVE ORDER
By the Authority vested in me as Administrative Judge of this Court, I hereby
order as follows:
WHEREAS our Court continues to manage the repercussions of the COVID-I9
public health emergency; and
WHEREAS it is necessary to the uniform operation of the Courthouse that all court
Parts operate in a similar manner, it is hereby
ORDERED that in the interests of judicial economy, Lhere shall be no discovery-
related conferences absent the written application of a litigant demonstrating that all
good faith efforts have been exhausted to resolve the issue(s) without court
intervention. The application shall identifu the good faith efforts undertaken and
highlight specific point(s) of contention that require judicial resolution.
Dated: September 22, 2021
Bronx, New York
Hon. Doris M. Gonzalez
Administrative Judge for Civil Matters
Twelfth Judicial District
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Preview
FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021 RULES FOR PART 11 – DISCOVERY PART (a/k/a DCM) The following rules supersede the Temporary Rules During Period of Covid Restrictions issued in Jan. and April 2021. Presiding Justice: HON. JULIA I. RODRIGUEZ OCTOBER 1, 2021 WHEREAS THE REPERCUSSIONS OF THE COVID-19 PUBLIC HEALTH EMERGENCY CONTINUE TO IMPACT COURT OPERATIONS, IN-PERSON APPEARANCES ARE CANCELED; CONFERENCES ARE CONDUCTED VIRTUALLY. 1. UPON FILING A REQUEST FOR A PRELIMINARY CONFERENCE, COUNSEL SHALL ALSO FILE THE BILL OF PARTICULARS. IF YOU REQUIRE A PRELIMINARY CONFERENCE, PLEASE WORK TOGETHER AS ATTORNEYS AND FILL OUT THE ATTACHED PC FORM; SIGN THE PC FORM AND E-MAIL IT TO: BxSupCiv-IA11@nycourts.gov. 2. IF, DESPITE GOOD FAITH EFFORTS, COUNSEL ARE NOT ABLE TO REACH A PC CONSENSUS, THE COURT WILL ISSUE A PRELIMINARY CONFERENCE AND SCHEDULING ORDER (PC&SO); THE COURT WILL INSERT THE DATES FOR THE MAKING OF DEMANDS AND RESPONSES THERETO, DEPOSITIONS, INSURANCE INFORMATION AND OTHER DISCOVERY. PLEASE SEND REQUEST FOR PC&SO TO: BxSupCiv-IA11@nycourts.gov. 4. COUNSEL ARE DIRECTED TO COMPLY WITH THE MANDATES OF THE PRELIMINARY CONFERENCE AND SCHEDULING ORDER. IF COUNSEL ARE UNABLE TO COMPLY WITH THE SCHEDULING ORDER’S DIRECTIVES, THEN COUNSEL CAN REQUEST A DISCOVERY CONFERENCE, IN ACCORDANCE WITH THE ADMINISTRATIVE ORDER DATED SEPTEMBER 22, 2021, WHICH READS, in pertinent part: There shall be no discovery-related conferences absent the written application of a litigant demonstrating that all good faith efforts have been exhausted to resolve the issue(s) without court intervention. The application shall identify the good faith efforts undertaken and highlight specific point(s) of contention that require judicial resolution. 5. PLEASE SEND YOUR REQUEST FOR A DISCOVERY OR COMPLIANCE CONFERENCE TO: BxSupCiv-IA11@nycourts.gov. and COURTATTORNEYPART11BX@NYCOURTS.GOV. The application shall identify the good faith efforts undertaken and highlight specific point(s) of contention that require judicial resolution. IN YOUR REQUEST, PLEASE PROPOSE DATES AND TIMES THAT ARE MUTUALLY AGREEABLE FOR SCHEDULING. IF THE REQUEST IS APPROVED, THE COURT SHALL SEND THE APPROPRIATE VIRTUAL LINKS TO ALL PARTIES. 6. COUNSEL ARE GRANTED LEAVE TO STIPULATE TO THE FILING OF THE NOTE OF ISSUE WITHOUT COURT INTERVENTION, WHENEVER DISCOVERY IS COMPLETE. 7. ALL MOTIONS ARE ON SUBMISSION UNLESS OTHERWISE DIRECTED BY THE COURT. 8. MOTIONS PURSUANT TO CPLR 3211, 3212 and 3213 WILL STAY DISCOVERY, in accordance with CPLR R 3214(b). BE ADVISED THAT WE ARE WORKING ON ALL SUBMITTED MOTIONS TO DATE. IF YOU WITHDRAW ANY MOTION, WE GREATLY APPRECIATE IT IF YOU WOULD NOTIFY US OF SAME: BxSupCiv-1A11@nycourts.gov. Regards, Hon. Julia I. Rodriguez & Principal Court Attorney: Mary Ann Amodeo, Esq. Chambers Admin. Assistant/Secretary: Mr. Matthew Williams - Chambers Tel: 718-618-1413 Part 11 Court Clerk: Mr. Noam Suberi - Part 11 Tel: 718-618-1226 1 of 8 FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEFSUPREME COURT OF THE STATE OF NEW DOC. NO. 18 YORK Calendar RECEIVED # NYSCEF: 11/05/2021 COUNTY OF BRONX - Part 11 325 (d) ] PRELIMINARY CONFERENCE ORDER Plaintiff(s), Pursuant to Part 202 of the Uniform Civil Rules for the Supreme Court - against - HON. JULIA I. RODRIGUEZ, J.S.C. Preliminary Conference Part Defendant(s), Index Number -x Conference Date APPEARANCES: Plaintiff: Firm: By Attorneys Phone: _ Carrier: Phone: Coverage Amount: Defendant 1: Firm: By Attorneys Phone: Carrier: Phone: Coverage Amount: Defendant 2: Firm: By Attorneys Phone: Carrier: Phone: Coverage Amount: Defendant 3: Firm: By Attorneys Phone: Carrier: Phone: Coverage Amount: I INSURANCE To be furnished within days. COVERAGE: II BILL OF 1. Not submitted: Bill of Particulars to be served by PARTICULARS: 2. Served: 2(a). Satisfactory 2(b). Unsatisfactory 3. ° Supplemental bill of particulars to be served Q 4. Bill of particulars for affirmative defenses to be served Ill MEDICAL REPORTS 1. Furnished (Except: AND HOSPITAL 2. Medical reports or authorizations for records to be served AUTHORIZATIONS: 3. Hospital authorizations to be served IV PHYSICAL 1(a). Held 1( b) Waived EXAMINATION: 1(c). Examination of To be held Defendant to designate physician(s) within 21 days of plaintiffs EBT 2(a). Physician’s report furnished 2(b). Copy of physician’s report to be furnished to plaintiff SC. NO. 8A Rev. 12/04/04 within of examination. 2 of days 8 FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021 PRELIMINARY CONFERENCE ORDER Page 2 of 2 V EXAMINATION 1. Plaintiff Defendants All parties BEFORE TRIAL: 2. To be held at Date: Time: 3. Held (Except: _) DWaived VI OTHER DISCLOSURE: !. None 2. All parties to exchange names and addresses of all witnesses, opposing parties’ statements, and photographs. If none, an affirmation to that effect shall be exchanged. 3. Authorizations for plaintiffs employment records (IRS) including W -2 for period 4. 5. To be completed within VII IMPLEADER ACTIONS: nl (a) . None 1 (b). To be commenced days after all EBT’s. VIII DESIGNATED FOR 1(a). CPLR 325 (c) TRANSFER: 1 (b). CPLR 325 (d ) IX ADDITIONAL See attached page for additional directives DIRECTIVES: X ALL PARTIES: Are directed to complete discovery on or before and appear for a compliance conf. on: t/b/d Request compliance conference via email: BxSupCiv-IA11@nycourts.gov Pendency of motions pursuant to CPLR 3211, 3212 and 3213 stay discovery pursuant to CPLR R 3414(b) . Counsel will be required to justify , at the Compliance Conference, failure to adhere to the discover}’ schedule set forth herein. In the event of non-compliance, costs or other sanctions may be imposed; and it is ORDERED that Plaintiff is granted leave to file the Note of Issue on or before _______________, when discovery is complete. Dated: Enter: Hon. Julia I. Rodriguez, J.S.C. Parties must adhere to all dates contained herein relating to the completion of items in this order. Counsel may enter into adjournments without further order of this court, upon consent of all counsel. SC. NO. 8A Rev. 12/04/04 3 of 8 FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021 Bronx Supreme Court County COMPLIANCE CONFERENCE ORDER Present: --- __-- ...------- ....... ___----.............X Index No. Plaintiff(s), - against - Date RJI filed: Defendant(s). UPON the Preliminary Conference Order dated , and following a Compliance Conference held on , and itappearing that disclosure was previously ordered herein and has not been completed, or that additional disclosure is warranted, itis hereby ORDERED that disclosure shall proceed and be completed in accordance herewith; and itis further ORDERED that proceedings directed herein shall be completed on or before the dates set forth. No adjournments, postpanments or alterations of this order are pennitted without the court's written approval, and none may be had upon the stipulation of the parties alone; and itis further ORDERED that disclosure demands now known to be necessary which are not raised at this conference are deemed to be waived, unless otherwise ordered by the Court; and itis further ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR §§ 3211, 3212 and 3213 are vacated; and itis further ORDERED that any parties failing to appear at this conference shall be bound by the terms of this order; and itis further Revised 12/04/03 4 of 8 FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021 COMPLIANCE CONFERENCE ORDER Page 2 of 3 ORDERED that the outstanding discovery shall be provided as follows: 1. INSURANCE COVERAGE: To be provided by 2. BILL OF PARTICULARS: ___A. Response to be provided by ; Dated: ___B. Supplemental Bill of Particulars as to items: To be served by ___C. D & I by to be served by ____D. Responses to 's D & I dated to be served by ; 3. AUTHORIZATIONS: ___A. For Medical Records (specifically for to be served by ; __B. Authorizations for PlaintifP s: _Bmployment Records; __ W-2 Records for Period ___Other (Specify) To be served by . __C. For to be served by ; 4. EXAMINATION ___ Plaintiff ____ Defendant ____ All Parties BEFORE TRIAL: A. To Be Held On at : .m. At or unless otherwise NOTE: agreed, the Bronx Supreme Court Building, Room 118. NO POSTPONEMENTS Any EBT's not completed on said date will be continued ARE PERMITTED on WITHOUT COURT _B. Limitations: APPROVAL. __ C. Post EBT demands to be served by and must be responded to by . FAILURE TO COMPLY WITH THIS SCHEDULE WILL RESULT IN THE PRECLUSION OF THE OFFENDING PARTY OR WAlVER OF EBT BY NON- APPEARING PARTY, UNLESS OTHERWISE ORDERED BY THE COURT. Revised 12/04/03 5 of 8 FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021 COMPLIANCE CONFERENCE ORDER Page 3 of 3 PHYSICAL __A. Defendant to designate physician(s) in 5. EXAMINATION: writing by __B. Examination to be held by ; __C. of physician s report to be furnished within 30 days of Copy examination. • FAILURE TO TIMELY DESIGNATE WILL RESULT IN A WAIVER OF SUCH EXAMINATION, UNLESS OTHERWISE ORDERED BY THE COURT. • FAILURE TO COMPLY WILL RESULT IN PLAINTIFF'S PRECLUSION FROM OFFERING ANY EVIDENCE AT TRIAL REGARDING THEIR PHYSICAL CONDITION, UNLESS OTHERWISE ORDERED BY THE COURT. 6. OTHER __A. None. DISCLOSURE: __B. All parties to exchange names and addresses of allwitnesses. opposing partie s statements and photographs. If none. an affirmation to that effect shall be exchanged by . C. Other: To be served by ; and it isfurther ORDERED that plaintiff shall serve and filea Note of Issue and Certificate of Readiness on or before . The failure to file a Note of Issue as required by this order may subject the plaintiff to fines. Plaintiff may not file a Note of Issue unless all discovery due by plaintiff has been completed pursuant to this order. A party that files a Note of Issue where that party has not complied with this order may be subject to costs and/or sanctions; and it isfurther ORDERED that failure to comply with the directives and schedule detailed herein will result in either a waiver of the item requested or the prechtsion of items or testimony of the ofëñding party s evidence at the time of trial. and/or the imposition of costs and sanctions. unless otherwise ordered by the Court. DATED: ENTER: J.S.C. Revised 4/15/08 6 of 8 FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021 SUPREME COURT OF THE STATE OF NEW YORK BRONX INDIVIDUAL ASSIGNMENT PART COUNTY OF X STIPULATION Index No. Mot. Cal.No. D''° X IT IS HEREBY STIPULATED AND AGREED by and between the below-named attomey(s) as follows: Date: Attomey for Plaintiff So Ordered. Attomey for Defendant ENTER: J.S.C. Attomey for Defendant SC. NO.BG Rev. 3/86 7 of 8 FILED: BRONX COUNTY CLERK 11/05/2021 10:58 AM INDEX NO. 30724/2020E NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/05/2021 STATE OF NEW YORK UNIFIED COURT SYSTEM TWELFTH JUDICIAL DISTRICT SUPREME COURT, CML DMSION 851 GRAND CONCOURSE BRONX, NEW YORK 10451 DORIS M. GONZALEZ Adminislrat,ve Judge ADMINISTRATIVE ORDER By the Authority vested in me as Administrative Judge of this Court, I hereby order as follows: WHEREAS our Court continues to manage the repercussions of the COVID-I9 public health emergency; and WHEREAS it is necessary to the uniform operation of the Courthouse that all court Parts operate in a similar manner, it is hereby ORDERED that in the interests of judicial economy, Lhere shall be no discovery- related conferences absent the written application of a litigant demonstrating that all good faith efforts have been exhausted to resolve the issue(s) without court intervention. The application shall identifu the good faith efforts undertaken and highlight specific point(s) of contention that require judicial resolution. Dated: September 22, 2021 Bronx, New York Hon. Doris M. Gonzalez Administrative Judge for Civil Matters Twelfth Judicial District 8 of 8