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= . INDEX NO. 150318/2017
NYSCEF BOC. NO. 19 Supreme Court of the State of New York RECEIVED NYSCEF 06/13/2017
New York County Courthouse
80 Centre Street
New York, New York 10013
DIFFERENTIATED CASE MANAGEMENT PROGRAM
PRESENT: HON. PAUL ALLAN GOETZ PART 22-DCM
To: KELLY RODE & KELLY, LLP (For Defendant)
330 OLD COUNTRY RD, STE 305
MINEOLA, NY 11501
Index # 0150318/2017
ELLISON, CALVIN PLAINTIFF
v
LTB MECHANICAL CORP DEFENDANT
CASE SCHEDULING ORDER
A request for a preliminary conference having been filed or the court having taken action on its own initiative.
IT IS HEREBY ORDERED that this case is assigned to the Motor Vehicle Part because plaintiff has alleged
serious personal injuries due to a motor vehicle accident. Disclosure not already furnished shall proceed in accordance
with the deadlines set forth below. _If this has been assigned to the Motor Vehicle Part in error, the parties are to
notify Eli Moskovitz immediately for reassignment to the appropriate IAS part, by fax at 212-952-2757, or
e-mail at emoskovi@nycourts.gov. Do not contact the Justice assigned.
NONE OF THE DATES IN THIS ORDER MAY BE EXTENDED WITHOUT ADVANCE
APPROVAL BY THE COURT. All requests for extensions shall be made by e-mail to Eli Moskovitz at:
emoskovi@nycourts.gov AND Harold Snipe at: hsnipe@nycourts.gov. Consult the part rules at this time;
counsel are expected to be familiar with the rules and follow them.
(1) Mandatory Notification: All parties already on the e-file list are deemed to have been served with this Order.
Plaintiff's attorney shall, within ten days, transmit a copy to any counsel and to any self-represented litigant not
already on the e-file list and shall e-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 August 29, 2017. If there is no umbrella or excess policy, then
an affidavit to that effect, signed by defendant(s) and notarized, shall be supplied by the same date.
(3) Bill of Particulars: Demand(s) shall be served by August 22, 2017. Bill(s) shall be served by september 05,
2017.
(4) Authorizations: Properly executed HIPAA compliant authorizations for medical records, for this accident and
for relevant prior and subsequent injuries/conditions (if applicable), and authorizations for employment records for
two years prior to the accident shall be served by August 15, 2017. Defendants shall process each authorization
within 30 days of receipt and shall follow up at least monthly until the records are received. This is required so that the
requested material will be received before the plantiff's deposition date ordered herein. If plaintiff timely provides
proper authorizations, then non-receipt of materials shall not be grounds for delaying plaintiff's deposition unless proof
of timely processing and follow-up is provided to plaintiff and/or the court.
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INDEX NO. 150318/2017
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/13/2017
Index # 0150318/2017 Case of ELLISON, CALVIN v LTB MECHANICAL CORP
(5) Witness and Other Information: All parties shall exchange statements of opposing parties, photographs, and the
names and addresses of all fact witnesses by August 29, 2017. If any of these items do not exist, then the parties shall
serve by that date an affirmation clearly so specifying.
(6) Depositions: If plaintiff timely complies with (4) above, then all depositions must be completed by November 29,
2017. 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.
(7) Demands for Documents: Demands for documents 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): 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. Copies of medical reports shall be served by plaintiff at least 15 days prior to said examination. A
copy of the report of the examining physician shall be served on all parties within 30 days of said examination.
(9) Other Disclosure: All other disclosure shall be completed by January 30, 2018.
(10) Impleader: Shall be completed by January 09, 2018.
(11) Mandatory Compliance Conference: Will be held on March 26, 2018 at 9:30 am at 80 Centre Street, Room
103.
(12) Note of Issue: The date to file the Note of Issue shall be determined at the final compliance conference. If all
discovery is complete prior to any scheduled compliance conference date, then the parties may submit a stipulation
(signed by all parties) to be so ordered. Send the signed stipulation by e-mail to emoskovi@nycourts.goy or fax to
212-952-2757 at least two days before the said conference, indicating that all discovery is complete and providing for
the filing of the Note of Issue. If approved, the stipulation will be returned "so ordered" and the date by which the Note
of Issue must be filed will be filled in on the stipulation in lieu of the final conference. Parties MAY NOT file a Note
of Issue without court order. A Note of Issue filed without court order may be stricken sua sponte.
(13) Summary Judgment Motions: Summary judgment motions shall be made no later than jays after filing of the
Note of Issue (CPLR 3212 (a)). Motions made before filing the note of issue do not stay discovery herein ordered.
(14) Trial Authorizations: Properly executed HIPAA compliant authorizations shall be served on all defendants 120
days before trial.
RESOLUTION OF DISPUTES/PENALTIES FOR NON-COMPLIANCE (also see part rules)
If disputes arise about compliance with this Order, the parties shall confer to try to resolve them. If that effort
fails, then the parties shall immediately, in advance of deadlines and prior to initiating motion practice, bring the
dispute to the attention of the Case Management Coordinator Harold Snipe (by telephone at 646-386-3682 or
e-mail at hsnipe@nycourts.gov) who may advance a previously scheduled compliance conference. Absent good
cause, 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 attorney's fees. Parties are encouraged to place their case on e-track at
www.nycourts.gov .
A
PAUL ALLAN GOETZ
IS.C. Jun 13, 2017
2 of 2
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= . INDEX NO. 150318/2017 NYSCEF BOC. NO. 19 Supreme Court of the State of New York RECEIVED NYSCEF 06/13/2017 New York County Courthouse 80 Centre Street New York, New York 10013 DIFFERENTIATED CASE MANAGEMENT PROGRAM PRESENT: HON. PAUL ALLAN GOETZ PART 22-DCM To: KELLY RODE & KELLY, LLP (For Defendant) 330 OLD COUNTRY RD, STE 305 MINEOLA, NY 11501 Index # 0150318/2017 ELLISON, CALVIN PLAINTIFF v LTB MECHANICAL CORP DEFENDANT CASE SCHEDULING ORDER A request for a preliminary conference having been filed or the court having taken action on its own initiative. IT IS HEREBY ORDERED that this case is assigned to the Motor Vehicle Part because plaintiff has alleged serious personal injuries due to a motor vehicle accident. Disclosure not already furnished shall proceed in accordance with the deadlines set forth below. _If this has been assigned to the Motor Vehicle Part in error, the parties are to notify Eli Moskovitz immediately for reassignment to the appropriate IAS part, by fax at 212-952-2757, or e-mail at emoskovi@nycourts.gov. Do not contact the Justice assigned. NONE OF THE DATES IN THIS ORDER MAY BE EXTENDED WITHOUT ADVANCE APPROVAL BY THE COURT. All requests for extensions shall be made by e-mail to Eli Moskovitz at: emoskovi@nycourts.gov AND Harold Snipe at: hsnipe@nycourts.gov. Consult the part rules at this time; counsel are expected to be familiar with the rules and follow them. (1) Mandatory Notification: All parties already on the e-file list are deemed to have been served with this Order. Plaintiff's attorney shall, within ten days, transmit a copy to any counsel and to any self-represented litigant not already on the e-file list and shall e-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 August 29, 2017. If there is no umbrella or excess policy, then an affidavit to that effect, signed by defendant(s) and notarized, shall be supplied by the same date. (3) Bill of Particulars: Demand(s) shall be served by August 22, 2017. Bill(s) shall be served by september 05, 2017. (4) Authorizations: Properly executed HIPAA compliant authorizations for medical records, for this accident and for relevant prior and subsequent injuries/conditions (if applicable), and authorizations for employment records for two years prior to the accident shall be served by August 15, 2017. Defendants shall process each authorization within 30 days of receipt and shall follow up at least monthly until the records are received. This is required so that the requested material will be received before the plantiff's deposition date ordered herein. If plaintiff timely provides proper authorizations, then non-receipt of materials shall not be grounds for delaying plaintiff's deposition unless proof of timely processing and follow-up is provided to plaintiff and/or the court. 1 of 2 INDEX NO. 150318/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/13/2017 Index # 0150318/2017 Case of ELLISON, CALVIN v LTB MECHANICAL CORP (5) Witness and Other Information: All parties shall exchange statements of opposing parties, photographs, and the names and addresses of all fact witnesses by August 29, 2017. If any of these items do not exist, then the parties shall serve by that date an affirmation clearly so specifying. (6) Depositions: If plaintiff timely complies with (4) above, then all depositions must be completed by November 29, 2017. 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. (7) Demands for Documents: Demands for documents 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): 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. Copies of medical reports shall be served by plaintiff at least 15 days prior to said examination. A copy of the report of the examining physician shall be served on all parties within 30 days of said examination. (9) Other Disclosure: All other disclosure shall be completed by January 30, 2018. (10) Impleader: Shall be completed by January 09, 2018. (11) Mandatory Compliance Conference: Will be held on March 26, 2018 at 9:30 am at 80 Centre Street, Room 103. (12) Note of Issue: The date to file the Note of Issue shall be determined at the final compliance conference. If all discovery is complete prior to any scheduled compliance conference date, then the parties may submit a stipulation (signed by all parties) to be so ordered. Send the signed stipulation by e-mail to emoskovi@nycourts.goy or fax to 212-952-2757 at least two days before the said conference, indicating that all discovery is complete and providing for the filing of the Note of Issue. If approved, the stipulation will be returned "so ordered" and the date by which the Note of Issue must be filed will be filled in on the stipulation in lieu of the final conference. Parties MAY NOT file a Note of Issue without court order. A Note of Issue filed without court order may be stricken sua sponte. (13) Summary Judgment Motions: Summary judgment motions shall be made no later than jays after filing of the Note of Issue (CPLR 3212 (a)). Motions made before filing the note of issue do not stay discovery herein ordered. (14) Trial Authorizations: Properly executed HIPAA compliant authorizations shall be served on all defendants 120 days before trial. RESOLUTION OF DISPUTES/PENALTIES FOR NON-COMPLIANCE (also see part rules) If disputes arise about compliance with this Order, the parties shall confer to try to resolve them. If that effort fails, then the parties shall immediately, in advance of deadlines and prior to initiating motion practice, bring the dispute to the attention of the Case Management Coordinator Harold Snipe (by telephone at 646-386-3682 or e-mail at hsnipe@nycourts.gov) who may advance a previously scheduled compliance conference. Absent good cause, 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 attorney's fees. Parties are encouraged to place their case on e-track at www.nycourts.gov . A PAUL ALLAN GOETZ IS.C. Jun 13, 2017 2 of 2