On March 17, 2020 a
Order
was filed
involving a dispute between
Rebecca M. Flanders,
and
Michelle Goodfellow,
Stephen F. Goodfellow,
for Torts - Other (Dog Bite)
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
PRESIDING: HON. JOSEPH E. LAMENDOLA
Rebecca M. Flanders PR.E,LIMINARY CONFERENCE
STIPULATION AND ORDER
Ptaintiff(s),
Index No. 00276912020
Stephen F, Goodfellow et al.
Defendant(s),
AII items on the form must be completed.
Alternative Dispute Resolution Status
Pursuant to the Alternative Dispute Resolution Planfor the Fifth Judicial D8lric, (effective
November 20,2019), complete either (a), (b) or (c):
tr (a) The Court has determined that Altemative Dispute Resolution (ADR) is not appropriate in the
matter at this time, or
X (b) The Court has determined that Altemative Dispute Resolution (ADR) is not appropriate
in the matter (complete (i) or (ii))
tr (i) Until the following discovery has been completed:
E (1) Insurance Coverage tr (5) Physical Examination
tr (2) Bill of Particulars tr (6) Depositions
tr (3) Medical Reports & Authorizations D (7) Other Disclosure
tr (4) Plaintiffs Employment Records tr (8) Electronic Discovery
I (ii) Until a/i discovery has been completed
tr (c) The Court will engage the parties in ADR at a conference on
1
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FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
(1)@:
tr Not Applicable
tr Already Completed
Ifnot already provided, shall be furnished by defendant on or
before 0913012020 , and by NiA on or
before
(2) BilI of Particulars:
Not Applicable
Already Completed
(a) Dernand for a Bill of Particulars shall be served by de&ndanl on or before
aaloplded . The Bill of Particulars shall be served by +!a!!tiff on or
before @139/2020
(b) Danand for a Bill of Particulars shall be served by plaintiff on or before
0812812020 . The Bill ofParticulars shall be served by dg&ldatrlg on or before
09t30/2020
(c) A supplemental Bill ofParticulars shall be served by any party aojpr ]QPLR
(3) Medical Reports and Authorizatio ns:
tr Not Applicable
tr Already Completed
Dernand for medical reports and authorizations shall be served by Defendant(s) on or before
eAloplgted Plaintiff(s) shall serve responses to such dernands on or before
0812812020
(4) Plaintiff(s) Emplovment Records:
2
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FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020
Not Applicable
! Already Completed
Dernand for Plaintiff(s) employment records and/or authorizations for such records shall be
served by the Defendant(s) on or before completed . Plaintiff(s) shall serve responses to all
such demands by 08t28t2020
(s) Phvsical Examination:
D Not Applicable
tr Already Completed
Examination of Plaintiff(s) shall be held by 11t30t2020 . A copy ofthe physician's
report shall be fumished to the Plaintiff within 3Q days of the examination.
(6) D9@: (Choose a or b)
(a) The parties shall set a schedule for all depositions to be completed by no later than
2
(b) Deponent Date Place
NOTE: Ifone 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.
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FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020
(7) Other Disclosure:
(a) Omnibus Demands Served by Defendant(s):
tr Not Applicable
tr Already Completed
All discovery dernands and requests for authorizations not otherwise specifically noted shall be
served by Defendant(s) on or before gqlqplgtgd . Plaintiff(s) shall serve responses to
all such demands by 08t28t2020
(b) Omnibus Demands Served by Plaintiff(s):
tr Not Applicable
tr Already Completed
All discovery demands and requests for authorizations not otherwise specifically noted shall be
served by Plaintiff(s) on or before 08/2812020 Defendan t(s) shall serve responses
to all such demands by 09t30t2020
(c) A11 parties, on or before !!'302Q2Q shall exchange names and addresses ofall
witnesses, statements of opposing parties and photographs, or, ifnone, provide an affirmation
to that effect.
(d) Other Discovery: (Fill-in as needed)
4
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FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020
(8) Electronic Discoverv: (Choose either a, b or c)
E (a) There is no elechonic discovery required, or
tr (b) The parties have prepared and attached a separate Electronic Discovery
Stipulation and Order establishing the method and scope of any electronic
discovery pursuurtto 22 NYCRR $202.12(c)(3), or
tr (c) The parties request that the Court hold an Electronic Discovery Conference on
at a.m./p.m. (date and time to be filled in by the
Court). Attomeys for all parties who appear at the Electronic Discovery Conference
must be sufficiently versed in matters relating to their clients' technological systems to
discuss competently all issues relating to electronic discovery. Attomeys may bring a
client representative or outside expert to assist in such discussions.
(e) Motion(s) to Amend Plea and/or to Add a Partv(ies) : Shall be filed with the Court by
any party on or before tt/30/2020
(10) END DATE FOR ALL DISCLOSURE, other than Expert Disclosure, shall be on
1211312020
(11) TRIAL NOTE OF ISSUE: Plaintiff shall file a trial note of issue and a certificate of
readiness on or before 0l
Note: Trial Note of Issue must be filed within l2 months of the date of the RJI filing for a
standard case or within l5 months of the RJI filing for a complex case.
(12) Motions: Any dispositive motion(s) (including a motion to dismiss or summary judgnent)
shall be made on or before the Sixtieth (60t1') day after the filing ofthe Trial Note oflssue.
(13) (a) Expert disclosure, if any, by the Plaintiff(s) shall be made 6Q days prior to the trial
date.
(b) Expert disclosure, if any, by the Defendant(s) shall be made 3Q days prior to the trial
date.
EXPERT DISCLOSURE PROVIDED AFTER THESE DATES MAY BE
5
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FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020
PRECLUDED FROM USE AT TRIAL.
IT IS FURTIIER ORDERED BY THE COURT:
(l) Discoverv Disputqs: lfthcre is a discovcry' dispute, prior to making a motion pursuant k)
CP[.R S3041, g,j 124. and/or g3l 26. the ottomcy shall {a) conrply with thc good faith
rcquirements of Rulc 202.7(c) ofthc Unit'orm Rules ofTrial Courts and (b) shall rcqucst and
conclude a conforcnce with llrc Coun to resolve the discovcry issucs.
(2) Failure t
Document Filed Date
August 25, 2020
Case Filing Date
March 17, 2020
Category
Torts - Other (Dog Bite)
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Preview
FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA PRESIDING: HON. JOSEPH E. LAMENDOLA Rebecca M. Flanders PR.E,LIMINARY CONFERENCE STIPULATION AND ORDER Ptaintiff(s), Index No. 00276912020 Stephen F, Goodfellow et al. Defendant(s), AII items on the form must be completed. Alternative Dispute Resolution Status Pursuant to the Alternative Dispute Resolution Planfor the Fifth Judicial D8lric, (effective November 20,2019), complete either (a), (b) or (c): tr (a) The Court has determined that Altemative Dispute Resolution (ADR) is not appropriate in the matter at this time, or X (b) The Court has determined that Altemative Dispute Resolution (ADR) is not appropriate in the matter (complete (i) or (ii)) tr (i) Until the following discovery has been completed: E (1) Insurance Coverage tr (5) Physical Examination tr (2) Bill of Particulars tr (6) Depositions tr (3) Medical Reports & Authorizations D (7) Other Disclosure tr (4) Plaintiffs Employment Records tr (8) Electronic Discovery I (ii) Until a/i discovery has been completed tr (c) The Court will engage the parties in ADR at a conference on 1 1 of 6 FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020 It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: (1)@: tr Not Applicable tr Already Completed Ifnot already provided, shall be furnished by defendant on or before 0913012020 , and by NiA on or before (2) BilI of Particulars: Not Applicable Already Completed (a) Dernand for a Bill of Particulars shall be served by de&ndanl on or before aaloplded . The Bill of Particulars shall be served by +!a!!tiff on or before @139/2020 (b) Danand for a Bill of Particulars shall be served by plaintiff on or before 0812812020 . The Bill ofParticulars shall be served by dg&ldatrlg on or before 09t30/2020 (c) A supplemental Bill ofParticulars shall be served by any party aojpr ]QPLR (3) Medical Reports and Authorizatio ns: tr Not Applicable tr Already Completed Dernand for medical reports and authorizations shall be served by Defendant(s) on or before eAloplgted Plaintiff(s) shall serve responses to such dernands on or before 0812812020 (4) Plaintiff(s) Emplovment Records: 2 2 of 6 FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020 Not Applicable ! Already Completed Dernand for Plaintiff(s) employment records and/or authorizations for such records shall be served by the Defendant(s) on or before completed . Plaintiff(s) shall serve responses to all such demands by 08t28t2020 (s) Phvsical Examination: D Not Applicable tr Already Completed Examination of Plaintiff(s) shall be held by 11t30t2020 . A copy ofthe physician's report shall be fumished to the Plaintiff within 3Q days of the examination. (6) D9@: (Choose a or b) (a) The parties shall set a schedule for all depositions to be completed by no later than 2 (b) Deponent Date Place NOTE: Ifone 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. 3 of 6 FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020 (7) Other Disclosure: (a) Omnibus Demands Served by Defendant(s): tr Not Applicable tr Already Completed All discovery dernands and requests for authorizations not otherwise specifically noted shall be served by Defendant(s) on or before gqlqplgtgd . Plaintiff(s) shall serve responses to all such demands by 08t28t2020 (b) Omnibus Demands Served by Plaintiff(s): tr Not Applicable tr Already Completed All discovery demands and requests for authorizations not otherwise specifically noted shall be served by Plaintiff(s) on or before 08/2812020 Defendan t(s) shall serve responses to all such demands by 09t30t2020 (c) A11 parties, on or before !!'302Q2Q shall exchange names and addresses ofall witnesses, statements of opposing parties and photographs, or, ifnone, provide an affirmation to that effect. (d) Other Discovery: (Fill-in as needed) 4 4 of 6 FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020 (8) Electronic Discoverv: (Choose either a, b or c) E (a) There is no elechonic discovery required, or tr (b) The parties have prepared and attached a separate Electronic Discovery Stipulation and Order establishing the method and scope of any electronic discovery pursuurtto 22 NYCRR $202.12(c)(3), or tr (c) The parties request that the Court hold an Electronic Discovery Conference on at a.m./p.m. (date and time to be filled in by the Court). Attomeys for all parties who appear at the Electronic Discovery Conference must be sufficiently versed in matters relating to their clients' technological systems to discuss competently all issues relating to electronic discovery. Attomeys may bring a client representative or outside expert to assist in such discussions. (e) Motion(s) to Amend Plea and/or to Add a Partv(ies) : Shall be filed with the Court by any party on or before tt/30/2020 (10) END DATE FOR ALL DISCLOSURE, other than Expert Disclosure, shall be on 1211312020 (11) TRIAL NOTE OF ISSUE: Plaintiff shall file a trial note of issue and a certificate of readiness on or before 0l Note: Trial Note of Issue must be filed within l2 months of the date of the RJI filing for a standard case or within l5 months of the RJI filing for a complex case. (12) Motions: Any dispositive motion(s) (including a motion to dismiss or summary judgnent) shall be made on or before the Sixtieth (60t1') day after the filing ofthe Trial Note oflssue. (13) (a) Expert disclosure, if any, by the Plaintiff(s) shall be made 6Q days prior to the trial date. (b) Expert disclosure, if any, by the Defendant(s) shall be made 3Q days prior to the trial date. EXPERT DISCLOSURE PROVIDED AFTER THESE DATES MAY BE 5 5 of 6 FILED: ONONDAGA COUNTY CLERK 08/25/2020 09:55 AM INDEX NO. 002769/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/25/2020 PRECLUDED FROM USE AT TRIAL. IT IS FURTIIER ORDERED BY THE COURT: (l) Discoverv Disputqs: lfthcre is a discovcry' dispute, prior to making a motion pursuant k) CP[.R S3041, g,j 124. and/or g3l 26. the ottomcy shall {a) conrply with thc good faith rcquirements of Rulc 202.7(c) ofthc Unit'orm Rules ofTrial Courts and (b) shall rcqucst and conclude a conforcnce with llrc Coun to resolve the discovcry issucs. (2) Failure t