Preview
FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 12/21/2022
"B"
EXHIBIT
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FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF
YSCE DOC.
DOC.
NO.
NO. 5517 RECEIVED
RECEIVED NYSCEF:
NYSCEF:
12/21/2022
10/07/202
At an IAS Term, Part PC of the
Supreme Court of the State of New
York, held in and for the of
County
Kings, at the Courthouse, at Civic
Center, Brooklyn, New York, on
September 24, 2020
P R E S E N T:
Hon. LAWRENCE KNIPEL,
Justice.
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PlETRO SCICCHITANO
Plaintiff(s),
521543/2018
Index No.:
- against-
MONIRUL ISLAM
Defendant(s).
- ----__ .-___-_---- - _ _. - - - - - - ..... x
CASE SCHEDULING ORDER (NON-CITY CASES)
Standard Track I Complex Track
IT IS HEREBY ORDERED that Disclosure not already furnished shall
proceed in accordance with the deadlines set forth below. The dates in this order may
not be extended without advance approval of the court. Stipulations shall not be
honored unless so-ordered by the court.
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FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF
YSCEÈ DOC.
DOC. NO.NO. 5517 RECEIVED
RECEIVED NYSCEF:
NYSCEF:
12/21/2022
10/07/202
1. Mandatory Notification:
a. All parties who listed an email address with the action at the NYSCEF
site are deemed to have been served with this Order.
i. Plaintiff's shall, within ten days of the date of this order,
attorney
transmit a copy to counsel and to any self-represented litigant
any
not already on the e-file list and shall e-file proof of said
transmissions within ten days thereafter.
b. To the extent that a case is not e-filed, plaintiff's attorney shall, within
ten days of the date of this order, transmit a copy to all parties and file
proof of said transmission within ten days thereafter.
2. Insurance Information:
Pursuant to CPLR 3101(f), all parties shall exchange insurance and coverage
information, including primary, excess and umbrella policies, by
10/22/2020 . If there is no umbrella or excess an affidavit to that
policy
effect, signed by defendant(s) and notarized, shall be provided by the same
date.
3. Bill of Particulars:
a: In the Bill of Particulars, the parties shall delineate all claims of
clearly
damages, including, but not limited to, loss of earnings/profit, medical
expenses and physical injuries/limitations.
10/8/2020
b: If not already served, demand(s) shall be served by
shall be served 11/5/2020
Bill(s) by
c: Defendants, to the extent applicable, to provide a verified bill of
particulars as to affirmative defenses within 60 days of the date of this
order.
4. Authorizations: Unless otherwise specified, all authorizations described
10/22/2020
below shall be served by . Defendants shall process each
authorization within 30 days of receipt and shall follow up at least monthly
until the records are received. If plaintifftimely provides proper authorizations
then non-receipt of materials shall not be grounds for delaying plaintiff's
deposition unless proof of timely processing, or proof of rejection by the
provider, and follow-up is submitted to the plaintiff and/or court.
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FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF
YSCEF DOC.
DOC. NO.
NO. 5517 RECEIVED
RECEIVED NYSCEF:
NYSCEF:
12/21/2022
10/07/202
a: executed OCA Form 960 - HIPAA compliant
Properly authorizations
shall be furnished for medical records, for this accident, from the date
of this accident, including all subsequent and continuing treatment for
the injuries alleged;
injury"
b: If "exacerbation of a prior is alleged, properly executed OCA
Form 960 - HIPAA compliant authorizations shall be furnished for
medical records from all providers who treated the prior injury that is
alleged to have been exacerbated as a result of this accident;
life"
c: If a "loss of enjoyment of claim is alleged, properly executed OCA
Form 960 - HIPAA compliant authorizations for medical records from
all treating providers shall be furnished for five (5) years prior to the
date of this accident;
d. If a lost earnings claim is made, properly executed authorizations
being
for employment attendance records and IRS records if plaintiff is self-
employed (or W-2s if plaintiff is an employee of another) shall be
furnished for one year prior to this accident, the year the accident
occurred and for one year after this accident. If the plaintiff's salary
fluctuates, then the time frame shall be extended for two years prior to
this accident, the year this accident occurred and for two years afer this
accident;
e: If no lost earnings claim is being made, then properly executed
only
authorizations for employment attendance records shall be furnished for
one year prior to this accident, the year the accident occurred and for one
year after this accident.
f: Plaintiff(s) shall provide authorizations for collateral source
information (including but not limited to, workers compensation, social
security disability, social security supplemental income, Medicaid,
Medicare), if any.
g: If plaintiff was a student at the time of the alleged accident, plaintiff
shall provide authorizations for school attendance records for one year
prior to this accident, the year the accident occurred and for one year
after this accident.
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FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF
TSCEÈ DOC.
DOC .NO.
NO .5517 RECEIVED
RECEIVED NYSCEF:
NYSCE F: 12/21/2022
10/07/202
5. Witness and Other Information: All parties shall exchange statements of
opposing parties, photographs, accident reports prepared in the ordinary course
of the preparer's business, video recordings, surveillance films and the names
and addresses of all fact witnesses, to the extent these are known and in the
possession of 10/22/2020 . If the existence of of these
any party, by any
items is unknown, or does not exist, then the parties shall serve by that date an
affirmation clearly so specifying. This is a continuing obligation on all parties.
6. Depositions:
If plaintiff timely complies with section "4", (Authorizations), then all
depositions of the parties must be completed prior to the compliance
conference. Unless the parties have served proper notices of depositions prior
to the date of this order, plaintiff shall be deposed first and defendants shall be
deposed in the order in which their names appear in the caption. Within 20
days from this Order, the parties shall confer and agree upon a detailed
schedule in compliance with this deadline. Absent extraordinary
circumstances, the failure of one defendant to appear as scheduled shall not
constitute an excuse for the refusal of others to submit to deposition as
scheduled and within the deadline fixed above. Any party may apply for a
swear-ability hearing where the swear-ability of a deponent is in question.
7. Other Demands:
Inspection,"
a: Demands for "Discovery and ifnot already served, shall be
served within thirty (30) days of this order and shall be responded to
within thirty (30) days thereafter;
b: Post EBT demands shall be served no later than 30 days after
completion of depositions and shall be responded to within 30 days from
service.
8, Physical Examinations and Reports (Uniform Rule 202.17):
In Personal Injury actions, physical examination(s) of the plaintiff shall be
designated, with a copy to all parties, within 20 days of plaintiff's deposition
and shall be completed within 45 days of plaintiff's deposition. At least 20
days before the date of such examination the plaintiff shall provide copies, to
all other parties, of the medical records of providers who previously treated or
examined plaintiff with respect to the injuries alleged. A copy of the report of
the examining physician shall be served on all parties within 30 days of said
examination.
9. Other Disclosure:
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FILED: KINGS COUNTY CLERK 12/21/2022 12:55 PM INDEX NO. 521543/2018
NYSCEF
YSCEY DOC.
DOC. NO.
NO. 5517 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 12/21/2022
10/07/202
All parties shall supply expert witness disclosure pursuant to the CPLR. All
other disclosure shall be completed by the date of the Compliance Conference.
10. Impleader:
Impleader actions shall be completed within 45 days after completion of all
court-ordered depositions.
11. Compliance Conference:
a: A mandatory compliance conference shall be held on
2/11/2021
, 9:30 AM at the Courthouse, 360 Adams
Street, Room282.
b: At the Compliance Conference, the court may direct additional
discovery not outlined herein.
12. Note of Issue:
6 3 ²°²¹
A Note of Issue shall be filed on or before .
13. Summary Judgment Motions:
Summary judgment motions shall be made no later than 60 days after filing of
the Note of Issue. This time limit may only be extended by motion upon "good
shown."
cause Summary Judgment motions made before filing the Note of
Issue do not stay discovery ordered herein.
14. Trial Authorizations:
Properly executed HIPAA compliant authorizations shall be served on all
defendants within 60 days after filing the note of issue. All such authorizations
shall be valid through the end of trial.
15. Resolution of Disputes:
If disputes arise about compliance with this Order, the parties shall confer to
try to resolve them. Absent good cause shown, non-compliance with this order,
including the failure to raise discovery problems in advance of deadlines, 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 a pleading, costs, sanctions and attorneys
fees. Nothing in this paragraph relieves counsel of the obligation of
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FILED: . KINGS " ..-.--- COUNTY
-----. . CLERK
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INDEX NO. 521543/2018
,
Y S CE
NYSCEF DOC. NO. 5517
DOC. NO. RECE
RECEIVEDIVE DNYSCEF:
NYSCE F :12/21/2022
10 /07/202
demonstrating sufficient good faith efforts to resolve their discovery disputes
without resort to court intervention via motion (see 22 NYCRR 202.7[a][2]).
16. Stipulations of Discontinuance:
Plaintiff(s) shall ensure that a stipulation of discontinuance shall be
promptly
filed if the case settles before the next meeting with the court.
ALL PARTIES ARE REQUIRED TO REVIEW ALL OUTSTANDING
DISCOVERY DEMANDS SERVED UPON ANOTHER PARTY PRIOR TO
THE DATE OF THIS ORDER. IT IS THE INTENT OF THIS PRELIMINARY
CONFERENCE ORDER TO RULE UPON ALL OF THESE OPEN
DISCOVERY DEMANDS. PURSUANT TO UNIFORM RULES SECTION
202.12 (C) & (D), THIS ORDER REPRESENTS THE COURT'S RULING
UPON ANY OUTSTANDING DISCOVERY DEMANDS PREVIOUSLY
SERVED UPON A PARTY OTHER THAN THOSE ITEMS SPECIFICALLY
EXCEPTED. THIS ORDER DOES NOT PRECLUDE ANY PARTY FROM
SERVING POST-CONFERENCE DISCOVERY DEMANDS OR MAKING
ANY MOTION PURSUANT TO THE CPLR.
E N T E R,
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