On December 28, 2016 a
Exhibit,Appendix
was filed
involving a dispute between
Ansel Johnson,
Minel Johnson,
and
Amer Homsi,
Bernard Rimpel,
David Schaner,
Joseph Dergan,
Sarina Cranage,
Stacey Martindale,
The Brooklyn Hospital Center,
Umesh Mishra,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023
EXHIBIT G
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023
TODAY'S CAL.# RJI DATE1/22_/ / INTAKE PART
PRELIMINARY CONFERENCE ORDER
PURSUANT TO PART 202 OF THE UNIFORM CIVIL RULES
FOR THE SUPREME COURT KINGS COUNTY
HON. DATE: / /20 / 7
Index#
Plaintiff(s)
Compliance Conference shall e.. eld in
- against - IAS Part CCP on c)- , 20 Ó
. at 9:30 a.m.
-.2 4 FAILURE OF COUNSEL TO ATTEND THE
COMPLIANCE CONFERENCE MAY RESULT
Defendant(s) IN THE IMPOSITION OF SANCTIONS
Consen o
PRINT ALL INFORMATION CLEARLY
O ... .. .) YES NO
ATTORNEY FIRM t FOR PLAINTIFF .
ATTORNEY FIRM ra ( fr/mn (4 ( by Ãq a ø FOR DEFENDANT
ATTORNEY FIRM by c FOR DEFENDANT
ATTORNEY FIRM. RAuf CC by F« FOR DEFENDANT ___
DEFAULTS: DEFENDANT
HAS NOT BEEN SERVED/ HAS BEEN SERVED, NOT ANSWERED AND TIME TO DO SO HAS EXPIRED,
DEFAULT JUDGMENT GRANTED / PENDING
THE-DISCOVERY END DATE/ NOTE OF ISSUE DUE DATE IS Î / .2- / 20 /
IT IS HEREBY ORDERED THAT-THIS ACTION IS ASSIGNED TO THE:
EXPEDITED STANDARD COMPLEX TRACK
AND DISCLOSURE SHALL PROCEED AS FOLLOWS:
I. WRITE PLAINTIFF'S MOST SEVERE INJURY
II. TYPE OF CASE: MOTOR VEHICLE
___ PREMISES LIABILITY
PROPESSIONAL MALPRACTICE (MED. MAL. ETC.)
OTHER. BRIEFLY DESCRIBE:
___ CONTRACT
LABOR LAW
III. O CPLR 325 (D) eligible on further order.
IV. INSURANCE COVERAGE (INCLUDING EXCESS AND/ OR UMBRELLA COVERAGE)
DEFENDANT DEFENDANT
afF NOT FURNISHED, PLAINTIFF TO BE ADVISED IN WRITING BY /O / / 20
IF NO EXCESS COVERAGE, PROVIDE AFFIDAVIT TO THAT EFFECT BY // / / 20
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023
.2·'22
PRELIMINARY CONFERENCE ORDER
V. BILL OF PARTICULARS:
sŠ A. SUBMITTED..................0 IB. NOT SUBMITTED - TO BE SERVED BY
ef2. SUPPLEMENT/ AMEND BILL OF PARTICULARS TO BE SERVED BY 30 dmS
(f4rr po of & f| f$7.5 . ..
a 3. DEFENDANT TO PROVIDE A VERIFIED BILL OF PARTICULARS AS TO
AFFIRMATIVE DEFENSES WITHIN DAYS.
VI. MEDICAL AND HOSPITAL AUTF(ORIZATIONS TQ THE E!T NT NOT 1 REVIOUSLY PROVIDED:
O 1. FURNISHED 9 W- /4thlo a
e'2. HIPAA COMPLIANT MEDICAL AUTHORIZATIONS FOR AECORDS AND HOSPITAL
AUTHORIZATIONS TO BE SERVED BY |O / f 20 / ~7
3. PLAINTIFF(S) SHALL PROVIDE AUTHORIZATIONS TO OBTAIN COPIES OF THE ACTUAL
RECORDS OF ALL TREATING AND EXAMINING HEAÚTH CARE PROVIDERS, INCLUDING
DIAGNOSTIC TESTS, X-RAYS MRIs, EMGs, CT SCANS, FOR INJURIES SPECIFIED IN THE BILL
OF PARTICULARS WITHIN Ó ° DAYS.
D 4. PLAINTlFF(S), WITHIN 60 DAYS AFTER FILING NOTE OF ISSUE, MUST SERVE DEFENDANT (S)
WITH FRESH HIPAA COMPLIANT AUTHORIZATIONS FOR ALL KNOWN HEALTH CARE
PROVIDERS. - x
VII. PHYSICAL EXAMINATION:
cl IA. HELD a IB. WAIVED e•1C. EXAM OF THE PLAINTIFF TO BE HELD WITHIN DAYS
FOLLOWING THE CONCLUSION OF PLAINTIFF'S EBT.
PHYSICIANS'
a 2A. REPORTS FURNISHED
PHYSICIANS' C
O 2B. COPY OF REPORTS TO BE FURNISHED TO PLAINTIFF WITHIN DAYS OF
EXAMINATION.
VIII. EXAMINATIONS BEFORE TRIAL: EOLAINTIFF(S) a DEFENDANT(S) O INFANT(S)
INFANT'S DATE OF BIRTH: / / .
/ L TO BE HELD ON _/ / 20 ,
SV AT a COURT REPORTER
. AT a OFFICE OF
AT a A LOCATION TO BE AGREED UPON LATER
O HELD (EXCEPT: )
a WAIVED
O EXCEPT INFANT AT THIS TIME
DEPOSITIONS TO COMMENCE WITHIN 30 DAYS OF JUDICIAL DETERMINATION OF INFANT
"SWEAR-ABILITY"
PLAINTIFF'S COMPETENCE TO TESTIFY AT A HEARING.
IX. OTHER DISCLOSURE: O 1. NONE
Gr2. ALL PARTIES TO EXCHANGE NAMES AND ADDRESSES OF ALL
PARTIES'
WITNESSES, OPPOSING STATEMENTS,
PHOTOGRAPHS, SURVEILLANCE TAPES, AND ACCIDENT
REPORTS PREPARED IN THE ORDINARY COURSE OF
BUSINESS. IF NONE, AN AFFIRMATION TO THAT EFFECT
SHALL BE PROVIDED.
73. AUTHORIZATION FOR PLAINTIFF(S) FOR YEAR BEFORE, YEAR
OF, AND YEAR AFTER: .
EBMPLOYMENT ATTENDANCE RECORDS
EIRS, IF SELF EMPLOYED OR W-2
d 4. PLAINTIFF TO PROVIDE NO-FAULT/ COLLATERAL SOURCE
AUTHORIZATIONS.
ABOVE TO BE COMPLETED WITHIN DAYS.
O'5. ALL PARTIES SHALL SUPPLY EXPERT WITNESS DISCLOSURE
PURSUANT TO CPLR.
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023
PAGE-2-
INDEX# T a :5 )g ;
4-- DATE
PLAINTIFF1hns on vs
DEFENDAN'¶ 2 r ..
r n t s h% we e 5 '- n (W C. R N a a·
h
c o v s dcw s a
ma,
PC
c a c hJ.g c n Le“ler wX A / O 4.o6 o
f-
PC
G .M a% yes 4 ind et u n of c. C TT¾«l c
) rna cp ChÁ-rGccek
n a s w / n ) d a ¬r
'
Le r ra C. C O
. ) s (._.\ O. ../ ,.L r T O ( . (L) TT
R
N RE /SO RDERED
sc
PAGE 2 Jo
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023
f $ orS
INDEX# -- DATE f/ C/
PLAINTIFF 2n5® vs DE FENDAN
77*reymt s A Ged s 0rth Sc Ars c S/×/t a
b À Aral LAnsm !/m /ff
c. A Qyv) af2//g
d. A t`is.½ 2/n / 8
e A /vrun 3/ 3/2
A k“ca r S/f/'/2
7f / c 7.s &c t//t/s eaf |Q; h eas À
Aun!r94Lrt.
c &
O
E TE D/SO O ERED
"
fsc
PAGE 4
r
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023
PRELIMINARY CONFERENCE ORDER
af6. S/h Úút d|(j a ú
X. IMPLEADER ACTIONS: a 1. NONE
o 2. ALREADY COMMENCED
Gr3. TO BE COMMENCED)VITHIN DAYS AFTER COMPLETION
OF EBTs.
XI. ADDITIONAL DIRECTIVES: SEE ATTACHED PAGE FOR DITIONAL DIRECTIVES.
IKTHE EVENT OF UNJUSTIFIED NON-COMPLIANCE WI,TH THE TERMS OF TES ORDER,
COS'rS OR OTHERSANCTIONS MAY BE IMPOSED.
NOTWITHSTANDING ANY DIRECTIVE CONTAINED HEREIN, ALL PARTIES ARE
REQUIRED TO ABIDE BY THE JUSTICE'S INDIVIDUAL PART RULES LOCATED AT:
HTTP://WWW.NYCOURTS.GOV/COURTS/2JD/KINGS/CIVIUJUDGESRULES.SHTML
ALL DATES CONTAINED HEREIN RELATING TO THE COMP TIOÑ QF ITEMS IN THIS
PRELIMINARY CONFERENCE ORDER MUST BE ADHERED TO
THE PARTIES M VI G APPE SE FOR A PRELIMINARY CONFER ÑCE ON THIS DATE HAVE
REVIEWED THE S AND/ 1 CONDITIONS OF THIS ORDER AND HEREbY CONSENT TO SAME.
ATTORNEY: FOR PLAINTIFF:
ATTORNEY: FOR DEFENDANT:
ATTORNEY . ... FOR DEFENDANTÎ ½ ep
ATTORNEY: FOR DEFENDANT: C-
(Attorneyssignatune)
COURT ATTORNEY: ) /
THIS CONSTTTUTES THE DECISION AND ORDER OF THE COURT.
DATED: / 20 ENTER:
J.S.C. / J.H.O.
Document Filed Date
April 24, 2023
Case Filing Date
December 28, 2016
Category
Torts - Medical, Dental, or Podiatrist Malpractice
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023 EXHIBIT G FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023 TODAY'S CAL.# RJI DATE1/22_/ / INTAKE PART PRELIMINARY CONFERENCE ORDER PURSUANT TO PART 202 OF THE UNIFORM CIVIL RULES FOR THE SUPREME COURT KINGS COUNTY HON. DATE: / /20 / 7 Index# Plaintiff(s) Compliance Conference shall e.. eld in - against - IAS Part CCP on c)- , 20 Ó . at 9:30 a.m. -.2 4 FAILURE OF COUNSEL TO ATTEND THE COMPLIANCE CONFERENCE MAY RESULT Defendant(s) IN THE IMPOSITION OF SANCTIONS Consen o PRINT ALL INFORMATION CLEARLY O ... .. .) YES NO ATTORNEY FIRM t FOR PLAINTIFF . ATTORNEY FIRM ra ( fr/mn (4 ( by Ãq a ø FOR DEFENDANT ATTORNEY FIRM by c FOR DEFENDANT ATTORNEY FIRM. RAuf CC by F« FOR DEFENDANT ___ DEFAULTS: DEFENDANT HAS NOT BEEN SERVED/ HAS BEEN SERVED, NOT ANSWERED AND TIME TO DO SO HAS EXPIRED, DEFAULT JUDGMENT GRANTED / PENDING THE-DISCOVERY END DATE/ NOTE OF ISSUE DUE DATE IS Î / .2- / 20 / IT IS HEREBY ORDERED THAT-THIS ACTION IS ASSIGNED TO THE: EXPEDITED STANDARD COMPLEX TRACK AND DISCLOSURE SHALL PROCEED AS FOLLOWS: I. WRITE PLAINTIFF'S MOST SEVERE INJURY II. TYPE OF CASE: MOTOR VEHICLE ___ PREMISES LIABILITY PROPESSIONAL MALPRACTICE (MED. MAL. ETC.) OTHER. BRIEFLY DESCRIBE: ___ CONTRACT LABOR LAW III. O CPLR 325 (D) eligible on further order. IV. INSURANCE COVERAGE (INCLUDING EXCESS AND/ OR UMBRELLA COVERAGE) DEFENDANT DEFENDANT afF NOT FURNISHED, PLAINTIFF TO BE ADVISED IN WRITING BY /O / / 20 IF NO EXCESS COVERAGE, PROVIDE AFFIDAVIT TO THAT EFFECT BY // / / 20 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023 .2·'22 PRELIMINARY CONFERENCE ORDER V. BILL OF PARTICULARS: sŠ A. SUBMITTED..................0 IB. NOT SUBMITTED - TO BE SERVED BY ef2. SUPPLEMENT/ AMEND BILL OF PARTICULARS TO BE SERVED BY 30 dmS (f4rr po of & f| f$7.5 . .. a 3. DEFENDANT TO PROVIDE A VERIFIED BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES WITHIN DAYS. VI. MEDICAL AND HOSPITAL AUTF(ORIZATIONS TQ THE E!T NT NOT 1 REVIOUSLY PROVIDED: O 1. FURNISHED 9 W- /4thlo a e'2. HIPAA COMPLIANT MEDICAL AUTHORIZATIONS FOR AECORDS AND HOSPITAL AUTHORIZATIONS TO BE SERVED BY |O / f 20 / ~7 3. PLAINTIFF(S) SHALL PROVIDE AUTHORIZATIONS TO OBTAIN COPIES OF THE ACTUAL RECORDS OF ALL TREATING AND EXAMINING HEAÚTH CARE PROVIDERS, INCLUDING DIAGNOSTIC TESTS, X-RAYS MRIs, EMGs, CT SCANS, FOR INJURIES SPECIFIED IN THE BILL OF PARTICULARS WITHIN Ó ° DAYS. D 4. PLAINTlFF(S), WITHIN 60 DAYS AFTER FILING NOTE OF ISSUE, MUST SERVE DEFENDANT (S) WITH FRESH HIPAA COMPLIANT AUTHORIZATIONS FOR ALL KNOWN HEALTH CARE PROVIDERS. - x VII. PHYSICAL EXAMINATION: cl IA. HELD a IB. WAIVED e•1C. EXAM OF THE PLAINTIFF TO BE HELD WITHIN DAYS FOLLOWING THE CONCLUSION OF PLAINTIFF'S EBT. PHYSICIANS' a 2A. REPORTS FURNISHED PHYSICIANS' C O 2B. COPY OF REPORTS TO BE FURNISHED TO PLAINTIFF WITHIN DAYS OF EXAMINATION. VIII. EXAMINATIONS BEFORE TRIAL: EOLAINTIFF(S) a DEFENDANT(S) O INFANT(S) INFANT'S DATE OF BIRTH: / / . / L TO BE HELD ON _/ / 20 , SV AT a COURT REPORTER . AT a OFFICE OF AT a A LOCATION TO BE AGREED UPON LATER O HELD (EXCEPT: ) a WAIVED O EXCEPT INFANT AT THIS TIME DEPOSITIONS TO COMMENCE WITHIN 30 DAYS OF JUDICIAL DETERMINATION OF INFANT "SWEAR-ABILITY" PLAINTIFF'S COMPETENCE TO TESTIFY AT A HEARING. IX. OTHER DISCLOSURE: O 1. NONE Gr2. ALL PARTIES TO EXCHANGE NAMES AND ADDRESSES OF ALL PARTIES' WITNESSES, OPPOSING STATEMENTS, PHOTOGRAPHS, SURVEILLANCE TAPES, AND ACCIDENT REPORTS PREPARED IN THE ORDINARY COURSE OF BUSINESS. IF NONE, AN AFFIRMATION TO THAT EFFECT SHALL BE PROVIDED. 73. AUTHORIZATION FOR PLAINTIFF(S) FOR YEAR BEFORE, YEAR OF, AND YEAR AFTER: . EBMPLOYMENT ATTENDANCE RECORDS EIRS, IF SELF EMPLOYED OR W-2 d 4. PLAINTIFF TO PROVIDE NO-FAULT/ COLLATERAL SOURCE AUTHORIZATIONS. ABOVE TO BE COMPLETED WITHIN DAYS. O'5. ALL PARTIES SHALL SUPPLY EXPERT WITNESS DISCLOSURE PURSUANT TO CPLR. FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023 PAGE-2- INDEX# T a :5 )g ; 4-- DATE PLAINTIFF1hns on vs DEFENDAN'¶ 2 r .. r n t s h% we e 5 '- n (W C. R N a a· h c o v s dcw s a ma, PC c a c hJ.g c n Le“ler wX A / O 4.o6 o f- PC G .M a% yes 4 ind et u n of c. C TT¾«l c ) rna cp ChÁ-rGccek n a s w / n ) d a ¬r ' Le r ra C. C O . ) s (._.\ O. ../ ,.L r T O ( . (L) TT R N RE /SO RDERED sc PAGE 2 Jo FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023 f $ orS INDEX# -- DATE f/ C/ PLAINTIFF 2n5® vs DE FENDAN 77*reymt s A Ged s 0rth Sc Ars c S/×/t a b À Aral LAnsm !/m /ff c. A Qyv) af2//g d. A t`is.½ 2/n / 8 e A /vrun 3/ 3/2 A k“ca r S/f/'/2 7f / c 7.s &c t//t/s eaf |Q; h eas À Aun!r94Lrt. c & O E TE D/SO O ERED " fsc PAGE 4 r FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 04/24/2023 PRELIMINARY CONFERENCE ORDER af6. S/h Úút d|(j a ú X. IMPLEADER ACTIONS: a 1. NONE o 2. ALREADY COMMENCED Gr3. TO BE COMMENCED)VITHIN DAYS AFTER COMPLETION OF EBTs. XI. ADDITIONAL DIRECTIVES: SEE ATTACHED PAGE FOR DITIONAL DIRECTIVES. IKTHE EVENT OF UNJUSTIFIED NON-COMPLIANCE WI,TH THE TERMS OF TES ORDER, COS'rS OR OTHERSANCTIONS MAY BE IMPOSED. NOTWITHSTANDING ANY DIRECTIVE CONTAINED HEREIN, ALL PARTIES ARE REQUIRED TO ABIDE BY THE JUSTICE'S INDIVIDUAL PART RULES LOCATED AT: HTTP://WWW.NYCOURTS.GOV/COURTS/2JD/KINGS/CIVIUJUDGESRULES.SHTML ALL DATES CONTAINED HEREIN RELATING TO THE COMP TIOÑ QF ITEMS IN THIS PRELIMINARY CONFERENCE ORDER MUST BE ADHERED TO THE PARTIES M VI G APPE SE FOR A PRELIMINARY CONFER ÑCE ON THIS DATE HAVE REVIEWED THE S AND/ 1 CONDITIONS OF THIS ORDER AND HEREbY CONSENT TO SAME. ATTORNEY: FOR PLAINTIFF: ATTORNEY: FOR DEFENDANT: ATTORNEY . ... FOR DEFENDANTÎ ½ ep ATTORNEY: FOR DEFENDANT: C- (Attorneyssignatune) COURT ATTORNEY: ) / THIS CONSTTTUTES THE DECISION AND ORDER OF THE COURT. DATED: / 20 ENTER: J.S.C. / J.H.O.