On May 27, 2011 a
Exhibit,Appendix
was filed
involving a dispute between
Kelley Phillips,
and
Drew Swiss,
Montefiore Medical Center,
for Tort
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 1072972014 05:33 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 10/29/2014
EXHIBIT “N”
Bronx County Supreme Court
COMPLIANCE CONFERENCE ORDER
Part IA-11
Prese
apne Hon.
ccne Deu sl BS ceerereinesseesetosssiceN
Kelley Phillip s Index No.
ZUbY
Plaintiff(s),
- against -
Drew Swis $ ad. Monteprore Date RJI filed: BI | | Ll
Defendant(s).
Modvcal
Sl
Cente,
tc cia cearaN tinier uECEIEEN
sit Le
UPON the Prelimin: Order, _ 8/2 and following a
Compliance Conference hel and it appearing that disclosure was
previously ordered herein and has not been completed, or that additional disclosure is warranted, it is
hereby
ORDERED that disclosure shall proceed and be completed in accordance herewith: and it is further
ORDERED that proceedings directed herein shall be completed on or before the dates set forth, No
adjournments, postponements or alterations of this order are permitted without the Court’s written
approval, and none may be had upon the stipulation of the parties alone; and it is 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 it is further
ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR
§§ 3211, 3212 and 3213 are vacated: and it is further
ORDERED that any parties failing to appear at this conference shall be bound by the terms of this
order: and it is further
Revised 4/15/08
COMPLIANCE CONFERENCE ORDER Page 2 ofl
ORDERED that the outstanding discovery shall be provided as follows
INSURANCE COVERAGE: To be provided by.
BILL OF PARTICULARS: A. Response to be provided by
Dated B. Supplemental Bill of Particulars as to items:
a te
To be served by
Cc. D&I by to be served by
Responses to sD & I dated to
be served by >
For Medical Records (specifically for pone Y
AUTHORIZATIONS —f )
to be served by 3
Authorizations for Plaintiff s
_>“ W-2 Records for Period
___ Other (Specify) tno Checrvernro les
To be served by: _¢—_
For
)
Conga Dhar ©
A
Te
Ni Ooh
to be served by__
Aiton ke
bs
ie Jppana ELST of ~ 24 A Sus'ss Gy counsel for Mewde fine)
Sure ke All Parties
EXAMINATION &4 aintiff enh Defendant
BEFORE TRIAL:
jo]? {14
Vs To Be Held On
(0,00 A
At Bway location 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 follownag aly -
WITHOUT COURT Limitations:_
APPROVAL.
mee Post EBT demands to be served by
and must be responded to by
T IN THE
FAILURE TO COMPLY WITH THIS SCHEDULE WILL RESUL
R OF EBT B
PRECLUSION OF THE OFFENDING PARTY OR WAIVE
PPEARING PARTY. UNLESS OTHERWISE ORDERED BY THE COURT
Revised 12/04/03
COMPLIANCE CONFERENCE ORDER
5. PHYSICAL A. Defendant to designate fphysician(s) in PH! el
writing by 1 Mi iO ys ots us
EXAMINATION: ERT
by u
Examination to be held an — days of TS
d wit hitf 30 days of
“C Copy of physician's report to be furnishe
examination.
WILL RESULT IN A
FAILURE TO TIMELY DESIGNATE ISE
WAIVER OF SUCH EXAMINATION, UNLESS OTHERW
ORDERED BY THE COURT.
IN PLAINTIFF'S
FAILURE TO COMPLY WILL RESULT
EVIDENCE AT
PRECLUSION FROM OFFERING ANY
CONDITION,
TRIAL REGARDING THEIR PHYSICAL
THE COURT.
UNLESS OTHERWISE ORDERED BY
OTHER None.
of all witnesses.
DISCLOSURE: VB All parties to exchange names and addresses
hs. If no one, an affirmation
vc
to that effect shall be exchanged by. 9/23
Other: Sow, fe Ge
ga) te Hex.
opposing partie’s statements and pI hotograp
| Difert 2 ot dons
To be served by.
and it is further
ORDERED that plaintiff _ Keble phil lios shall setveand file a Note of
Issue and Certificate of Readiness on or befo
reFEAs VARY
2) 201 __.. The failure to file
file a
ct 1! he plaintif{‘to fines. Plaintiff may not
a Note of Issue as required by this order may subje order. A
of Issue unles s all disco very due by plain tiff has been completed pursuant to this
Note
of Issue where that party has not comp ied
with this order may be subject to
party that files a Note
costs and/or sanctions; and it is further
tives and schedule detailed herein will
ORDERED that failure to comply with the direc mony of the
request ed or the preclusion of items or testi
result in either a waiver of the item
f he imposition of costs and sanctions,
unless
. and/or
offending party's evidence at the time of trial
otherwise ordered by the Court.
DATED:
nhg ¢
ho ENTER: —— Sa
JS.C.
Revised 4/15/08
DISCOVERY ORDER
Page Hof 4
X. ADDITIONAL DIRECTIVES: te respund te ZA Swiss le ark
hoc Arons As Autd tilt, Demank for Discowrg
I aked 6/20/14, and Tamands hr Ads dA
1/4fi4, af) zfi4 ond G43 [14 within
30 days
A Manto}. pat. to respond +> A Sites’ Deward
+ o Wigutance. In Peon snPeetn Latigk ls 14
Wi Hed, 32 aag.s <
att ko repnrnel to gree
MendeA oluramntls fa AZ daly
q\ da h4 Ja pivhgupha, He divonnrel |fa 199 hon we Li 1 wus
ol 2 (i baron fs zy adh, Dol cteys
wit oudptanduenyg cla coudu db be rraoorvecisl CO buy Ode
(Pimtiiio (vids ev 39 of an
=
== _ —
X. ADDITIONAL DIRECTIVES
er NN aE Rew 2/AR
Document Filed Date
October 29, 2014
Case Filing Date
May 27, 2011
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FILED: BRONX COUNTY CLERK 1072972014 05:33 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 10/29/2014 EXHIBIT “N” Bronx County Supreme Court COMPLIANCE CONFERENCE ORDER Part IA-11 Prese apne Hon. ccne Deu sl BS ceerereinesseesetosssiceN Kelley Phillip s Index No. ZUbY Plaintiff(s), - against - Drew Swis $ ad. Monteprore Date RJI filed: BI | | Ll Defendant(s). Modvcal Sl Cente, tc cia cearaN tinier uECEIEEN sit Le UPON the Prelimin: Order, _ 8/2 and following a Compliance Conference hel and it appearing that disclosure was previously ordered herein and has not been completed, or that additional disclosure is warranted, it is hereby ORDERED that disclosure shall proceed and be completed in accordance herewith: and it is further ORDERED that proceedings directed herein shall be completed on or before the dates set forth, No adjournments, postponements or alterations of this order are permitted without the Court’s written approval, and none may be had upon the stipulation of the parties alone; and it is 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 it is further ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant to CPLR §§ 3211, 3212 and 3213 are vacated: and it is further ORDERED that any parties failing to appear at this conference shall be bound by the terms of this order: and it is further Revised 4/15/08 COMPLIANCE CONFERENCE ORDER Page 2 ofl ORDERED that the outstanding discovery shall be provided as follows INSURANCE COVERAGE: To be provided by. BILL OF PARTICULARS: A. Response to be provided by Dated B. Supplemental Bill of Particulars as to items: a te To be served by Cc. D&I by to be served by Responses to sD & I dated to be served by > For Medical Records (specifically for pone Y AUTHORIZATIONS —f ) to be served by 3 Authorizations for Plaintiff s _>“ W-2 Records for Period ___ Other (Specify) tno Checrvernro les To be served by: _¢—_ For ) Conga Dhar © A Te Ni Ooh to be served by__ Aiton ke bs ie Jppana ELST of ~ 24 A Sus'ss Gy counsel for Mewde fine) Sure ke All Parties EXAMINATION &4 aintiff enh Defendant BEFORE TRIAL: jo]? {14 Vs To Be Held On (0,00 A At Bway location 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 follownag aly - WITHOUT COURT Limitations:_ APPROVAL. mee Post EBT demands to be served by and must be responded to by T IN THE FAILURE TO COMPLY WITH THIS SCHEDULE WILL RESUL R OF EBT B PRECLUSION OF THE OFFENDING PARTY OR WAIVE PPEARING PARTY. UNLESS OTHERWISE ORDERED BY THE COURT Revised 12/04/03 COMPLIANCE CONFERENCE ORDER 5. PHYSICAL A. Defendant to designate fphysician(s) in PH! el writing by 1 Mi iO ys ots us EXAMINATION: ERT by u Examination to be held an — days of TS d wit hitf 30 days of “C Copy of physician's report to be furnishe examination. WILL RESULT IN A FAILURE TO TIMELY DESIGNATE ISE WAIVER OF SUCH EXAMINATION, UNLESS OTHERW ORDERED BY THE COURT. IN PLAINTIFF'S FAILURE TO COMPLY WILL RESULT EVIDENCE AT PRECLUSION FROM OFFERING ANY CONDITION, TRIAL REGARDING THEIR PHYSICAL THE COURT. UNLESS OTHERWISE ORDERED BY OTHER None. of all witnesses. DISCLOSURE: VB All parties to exchange names and addresses hs. If no one, an affirmation vc to that effect shall be exchanged by. 9/23 Other: Sow, fe Ge ga) te Hex. opposing partie’s statements and pI hotograp | Difert 2 ot dons To be served by. and it is further ORDERED that plaintiff _ Keble phil lios shall setveand file a Note of Issue and Certificate of Readiness on or befo reFEAs VARY 2) 201 __.. The failure to file file a ct 1! he plaintif{‘to fines. Plaintiff may not a Note of Issue as required by this order may subje order. A of Issue unles s all disco very due by plain tiff has been completed pursuant to this Note of Issue where that party has not comp ied with this order may be subject to party that files a Note costs and/or sanctions; and it is further tives and schedule detailed herein will ORDERED that failure to comply with the direc mony of the request ed or the preclusion of items or testi result in either a waiver of the item f he imposition of costs and sanctions, unless . and/or offending party's evidence at the time of trial otherwise ordered by the Court. DATED: nhg ¢ ho ENTER: —— Sa JS.C. Revised 4/15/08 DISCOVERY ORDER Page Hof 4 X. ADDITIONAL DIRECTIVES: te respund te ZA Swiss le ark hoc Arons As Autd tilt, Demank for Discowrg I aked 6/20/14, and Tamands hr Ads dA 1/4fi4, af) zfi4 ond G43 [14 within 30 days A Manto}. pat. to respond +> A Sites’ Deward + o Wigutance. In Peon snPeetn Latigk ls 14 Wi Hed, 32 aag.s < att ko repnrnel to gree MendeA oluramntls fa AZ daly q\ da h4 Ja pivhgupha, He divonnrel |fa 199 hon we Li 1 wus ol 2 (i baron fs zy adh, Dol cteys wit oudptanduenyg cla coudu db be rraoorvecisl CO buy Ode (Pimtiiio (vids ev 39 of an = == _ — X. ADDITIONAL DIRECTIVES er NN aE Rew 2/AR