On March 30, 2023 a
Conference
was filed
involving a dispute between
Junior M. Jean Jean,
and
Benginald Jean,
Devin Deshaun Hill,
Penske Truck Leasing Corporation,
Ryder Truck Rental, Inc.,
for Torts - Motor Vehicle
in the District Court of Nassau County.
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SUPREME COURT 342 M-1767 Rev. 05/21 Page 1
SUPREME COURT COUNTY OF NASSAU
IAS JUSTICE HON. PETERSON
INDEX NO. 605220/2023
JUNIOR M. JEAN JEAN
Preliminary Conference
Plaintiff(s) Stipulation and Order
against (sections 202.8 & 202.12 & 202.19
of the Uniform Rules)
RYDER TRUCK RENTAL, INC.
Defendant(s) Discovery Track: E S C
X
(All items on the form must be completed unless inapplicable.)
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
Insurance Coverage (CPLR 3101 If not shall be fumished Defendants
(1) (f) already provided, by
on or before 8-230-2023
(2) Bill of Particulars:
Demand for a Bill of Particulars shall be served served on or before .
(a) by
Bill of Particulars shall be served served on or before .
(b) by
(3) Medical Report and Authorizations:
Shall be served as follows: served
(4) Physical Examination:
plaintiff shall be designated by defendants by 11-22-2023
(a) Examination of shall be held
by December 29, 2023
A copy of the physician's report shall be furnished to plaintiff(s) within 45 days of
(b)
The examination.
(5) Depositions:
Deponent Date and Time Place
Plainiff 10-18-2023 TBD
Defendant Hill 10-25-23 TBD
parties'
If one deposition fails to take place as scheduled, the remaining depositions shall nonetheless proceed
as Scheduled, except that priorities between defendants and plaintiffs shall be preserved.
SUPREME COURT 342 M-1767 Rev. 05/21 Page2
(6) Other Disclosure:
8-30-2023
(a) All parties, on or before , shall exchange names and addresses of all eyewitnesses and
notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to
that effect.
Authorizations for employment records for the period 2 years prior to DOA Shall be furnished on
(b) plaintiff(s)
or before attendance only 8-30-23
Demand for and inspection shall be served all parties on or before 8-23-2023
(c) discovery by
The items sought shall be produced to the extent not objected to, and objections, is any, shall be stated
on or before 9-27-2023
(d) Accident reports prepared in the regular course of business shall be exchanged pursuant to
CPLR 8-30-2023
3101(g) by
(e) Other interrogatories (CPLR 3130, 3101(d), etc.):
Not applicable
All such disclosure, unless otherwise noted herein, shall be completed by .
(f) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within
30 days
(7) The parties shall ensure that a stipulation of discontinuance shall be promptly filed if the case settles before
the next meeting with the Court. Failure to comply with any of these directions may result in the imposition
of costs or sanctions or other action authorized by law.
Motion: dispositive (CPLR 3211 and shall be made on or before 60 days after NOI .
(8) any motion(s) 3212)
(9) Impleader Motion(s) to amend the pleadings or to add parties: shall be completed on or before
45 days after completion all EBTs
(10) End Date for all Disclosure:
Choose One: shall be held on (To be set
(11) by Clerk)
I. Affirmation of Injuries: (if applicable)
The most serious injury alleged in this action is:
lumbar spine, cervical spine
(12) Summary Judgment Motions:
Pursuant to CPLR 3214(b), service of a Notice of Motion under rule 3211, 3212 or 3213 shall NOT stay
disclosure pending the determination of that motion.
SUPREME COURT 342 M-1767 Rev. 05/21 Page 3
(13) ALTERNATE DISPUTE RESOLUTION:
All counsel are directed to participate in a settlement conference, which will be held on
, either virtually, with the assigned Justice (all parties will be sent a conference link
by chambers) or by telephone or in person. Counsel is directed to discuss with their client(s) any
alternative dispute resolution options available through the Court, which are as follows: (i) a settlement
conference; (ii) participation in a court alternative dispute resolution program, or (iii) alternative
dispute resolution offered by private entities.
By checking the box and typing the Attorney information below, each counsel certifies
that, pursuant to 22 NYCRR 202.11, he/she has conferred with opposing counsel and filed an
Attorney Good Faith ADR Certificate.
At the first mediation conference, counsel must be fully familiar with the case and authorized to enter
into a settlement agreement. Counsel is urged to have his or her client present at the settlement conference.
If, however, counsel's client is not able to appear, his or her client shall be available by telephone. It is
Important to note that participation in a mediation program does not waive any provisions within the
Preliminary conference order or any other time-lines pursuant to NYCRR 202.19.
(14) ORDERED, that all parties shall provide upon request of another party additional authorizations for
production of records maintained by health care providers and/or facilities.
Note- the box and the information to the that the
(15) By checking typing Attorney represents, court,
Preparer obtained permission from that party to enter into this stipulation.
William Schwitzer & Associates, P.c. Michael Mahan
Attorney/or Plaintiff(s): y
mmahan@wsatlaw.com
Email address:
Ryder, Penske, Hill Christina Parthenis
¡Attorney/or Plaintiff(s): by
cparthenis@maaalaw.com
Email address:
¤ Attorney/or Defendant(s): by
Email address:
¡ Attorney/or Defendant(s): by
Email address:
¡ Attorney/or Defendant(s): by
Email address:
DATED:
Mineola, NY
SO ORDERED:
J.S.C.
SUPREME COURT 342 M-1767 Rev. 05/21 Page 5
ADDITIONAL DIRECTIVES
In addition to the directives as set forth on the annexed pages, it is further ORDERED as follows:
a) Counsel shall contact the Court by conference call or appear for a conference prior to making
any motions other than those for Summary Judgment. The failure to do so shall serve as the basis
for a denial of any motion not made in accordance with this directive.
OTHER ADDITIONAL DIRECTIVES (AS NEEDED)
DATED:
SO ORDERED:
J.S.C.
Document Filed Date
July 18, 2023
Case Filing Date
March 30, 2023
Category
Torts - Motor Vehicle
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SUPREME COURT 342 M-1767 Rev. 05/21 Page 1 SUPREME COURT COUNTY OF NASSAU IAS JUSTICE HON. PETERSON INDEX NO. 605220/2023 JUNIOR M. JEAN JEAN Preliminary Conference Plaintiff(s) Stipulation and Order against (sections 202.8 & 202.12 & 202.19 of the Uniform Rules) RYDER TRUCK RENTAL, INC. Defendant(s) Discovery Track: E S C X (All items on the form must be completed unless inapplicable.) It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: Insurance Coverage (CPLR 3101 If not shall be fumished Defendants (1) (f) already provided, by on or before 8-230-2023 (2) Bill of Particulars: Demand for a Bill of Particulars shall be served served on or before . (a) by Bill of Particulars shall be served served on or before . (b) by (3) Medical Report and Authorizations: Shall be served as follows: served (4) Physical Examination: plaintiff shall be designated by defendants by 11-22-2023 (a) Examination of shall be held by December 29, 2023 A copy of the physician's report shall be furnished to plaintiff(s) within 45 days of (b) The examination. (5) Depositions: Deponent Date and Time Place Plainiff 10-18-2023 TBD Defendant Hill 10-25-23 TBD parties' If one deposition fails to take place as scheduled, the remaining depositions shall nonetheless proceed as Scheduled, except that priorities between defendants and plaintiffs shall be preserved. SUPREME COURT 342 M-1767 Rev. 05/21 Page2 (6) Other Disclosure: 8-30-2023 (a) All parties, on or before , shall exchange names and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to that effect. Authorizations for employment records for the period 2 years prior to DOA Shall be furnished on (b) plaintiff(s) or before attendance only 8-30-23 Demand for and inspection shall be served all parties on or before 8-23-2023 (c) discovery by The items sought shall be produced to the extent not objected to, and objections, is any, shall be stated on or before 9-27-2023 (d) Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 8-30-2023 3101(g) by (e) Other interrogatories (CPLR 3130, 3101(d), etc.): Not applicable All such disclosure, unless otherwise noted herein, shall be completed by . (f) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within 30 days (7) The parties shall ensure that a stipulation of discontinuance shall be promptly filed if the case settles before the next meeting with the Court. Failure to comply with any of these directions may result in the imposition of costs or sanctions or other action authorized by law. Motion: dispositive (CPLR 3211 and shall be made on or before 60 days after NOI . (8) any motion(s) 3212) (9) Impleader Motion(s) to amend the pleadings or to add parties: shall be completed on or before 45 days after completion all EBTs (10) End Date for all Disclosure: Choose One: shall be held on (To be set (11) by Clerk) I. Affirmation of Injuries: (if applicable) The most serious injury alleged in this action is: lumbar spine, cervical spine (12) Summary Judgment Motions: Pursuant to CPLR 3214(b), service of a Notice of Motion under rule 3211, 3212 or 3213 shall NOT stay disclosure pending the determination of that motion. SUPREME COURT 342 M-1767 Rev. 05/21 Page 3 (13) ALTERNATE DISPUTE RESOLUTION: All counsel are directed to participate in a settlement conference, which will be held on , either virtually, with the assigned Justice (all parties will be sent a conference link by chambers) or by telephone or in person. Counsel is directed to discuss with their client(s) any alternative dispute resolution options available through the Court, which are as follows: (i) a settlement conference; (ii) participation in a court alternative dispute resolution program, or (iii) alternative dispute resolution offered by private entities. By checking the box and typing the Attorney information below, each counsel certifies that, pursuant to 22 NYCRR 202.11, he/she has conferred with opposing counsel and filed an Attorney Good Faith ADR Certificate. At the first mediation conference, counsel must be fully familiar with the case and authorized to enter into a settlement agreement. Counsel is urged to have his or her client present at the settlement conference. If, however, counsel's client is not able to appear, his or her client shall be available by telephone. It is Important to note that participation in a mediation program does not waive any provisions within the Preliminary conference order or any other time-lines pursuant to NYCRR 202.19. (14) ORDERED, that all parties shall provide upon request of another party additional authorizations for production of records maintained by health care providers and/or facilities. Note- the box and the information to the that the (15) By checking typing Attorney represents, court, Preparer obtained permission from that party to enter into this stipulation. William Schwitzer & Associates, P.c. Michael Mahan Attorney/or Plaintiff(s): y mmahan@wsatlaw.com Email address: Ryder, Penske, Hill Christina Parthenis ¡Attorney/or Plaintiff(s): by cparthenis@maaalaw.com Email address: ¤ Attorney/or Defendant(s): by Email address: ¡ Attorney/or Defendant(s): by Email address: ¡ Attorney/or Defendant(s): by Email address: DATED: Mineola, NY SO ORDERED: J.S.C. SUPREME COURT 342 M-1767 Rev. 05/21 Page 5 ADDITIONAL DIRECTIVES In addition to the directives as set forth on the annexed pages, it is further ORDERED as follows: a) Counsel shall contact the Court by conference call or appear for a conference prior to making any motions other than those for Summary Judgment. The failure to do so shall serve as the basis for a denial of any motion not made in accordance with this directive. OTHER ADDITIONAL DIRECTIVES (AS NEEDED) DATED: SO ORDERED: J.S.C.