On June 20, 2023 a
Order
was filed
involving a dispute between
John H Meyer Iii,
and
Jan G Williams,
Port Jefferson Cesspool Service, Inc.,
for Torts - Motor Vehicle
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 09/27/2023 01:18 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/27/2023
SUPREMI, COI]RT - STATE OF NEW YORX
DIFFERENTIATED CASE MANAGEMENT PART. SUFFOLK COI]NTY
(
ADR
", (E!-PEBSQID Referrat Order
Present: HON. THOMAS F. WHELAN
Justice ofthe Supreme Court
Index No aKs?ty'Ns
x
e(ryr P Iaintiff, FaUr**Xo.rr',
ttome Plaint
F/.{U
- agalnst - Attomeys for Defendant
!c*L,r.,VgC-
w;tttu6 Defendant,
------------------------x
upon review ofthe filings in this case by court personnel, this action is hereby referred
- - to an
Early Seulement Conference to foster negotiation with aview toward settling the dispute, narrow
the
issues to be adjudicated, and,/or hetp the parties to understand each
other's po'sitions and interests. The
parties must complete the preliminary discovery as set forth berow.
on the date set forth below, the
attorneys for tle parties must participate in an Early Settlement conference before
the court. The
parties or their duly authorized representatives shall be available by phone
in the event the Court
deems their participation necessrry.
This order requires the early exchange oftargeted, core discovery and is
intended to frame issues
forresolution through an Early Settlement Confereo"". All di."ou"ry produced
in accordance with this
Order will be deemed part ofdiscovery under the Civil Practice Law and Rules.
The parties, discovery
responses in accordance with this order are subject to the amendment and
supplementation requiiements
ofCPLR $3101(h). Accordingly, it is
oR-DERED that within 20 days ofthe date of this Order the parties shall
exchange the folowing,
if applicable:
[' Accident reports (including police reports) regarding the underrying
accident;
2. The coverage limits ofany applicable insurance agreement(s);
3 Alr photographs and videos depicting the accidenl damage to the vehicles
involved, the accident scene, or injuries sustained by thelhintiff(s),
u. *"tt u.
any surveillance photographs or videos depicting the plaintiff(s);
4. The names and contact information ofall witnesses;
5. Statements ofadverse parties; and
6' Invoices, bi s, or repair estimates for alr vehicles involved in the
accident; and it
is further
1 of 2
FILED: SUFFOLK COUNTY CLERK 09/27/2023 01:18 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/27/2023
I
uRDEREDthatwithin 20 days
"r,n.
o,,".rklioffiIf*fffis)
t
shau produce ro the
defendant(s), the following, ifapplicable:
A Bill ofParticulars in response to any previously sent demand for same;
2 Duly executed authorizations permitting defendant(s) to obtain copies ofall
medical records relating to the injuries sustained by the plaintiff(s) as a result of
the underlying accident;
J All medical reports in the plaintiff(s) possession relating to the injuries sustained
by the plaintiff(s) as a result ofthe underlying accident; and
4 Documents supporting any claim for lost income; and it is further
ORDERED that, unless the to an earlier date, the plaintiff(s), at least, shall be
produced for deposition(s) on and it is further
ORD.I9TRED that counse I for th c parties shall appear IN-PERSO-\ before t[i5 u
designated ADRI Representative for an farly Settlement Conference on ll
at 9:30 AM in the Suffolk County ADR/Nrlediation Center, located at I Court S treet
ml A
Riverhead, New York I 1901, and shall have complete knowled ge ofthe alleged issues concernlng
liability and damages, as well as fulI authority to dispose ofthe case; and it is further
ORDERED that where parties are being defended and,/or indemnified pursuant to an insurance
coverage contract, a representative of the insurance company with knowledge
ofthe case and authority to
settle shall be available telephonically; and it is further
OIIDERED that to less than l0 davs prior to the Settlement Conference . plaintiff shall unload to
NYSCEF a copy ofthe Bill of Particul ars and the PoliceiAcciden t ReDo and it is further
0R-DERED that no less than 10 dalrs orior to the Settlement Conference, defendant
shall upload
to I{YSCEF the insurer name and insurance coveraee limits under any applicabl" ir.or"o*. poticy;
and it
is further
that requests to adjoum the Settlement Conference will only be entertained upon a
showing ofgood cause, and there shall be g9 adjoumments without prior Court approval;
and it is further
ORDERED that fa ure to appear for any schedured Earry sefirement Conference,
or fa re to
comply with lhe directives setforth in this Order, may result in release of the casifrom
lhe ADR part
to an IAS Juslice for a conference and any action deemed appropriate in the discietion
of the assigned
Justice.
This constitutes the Order ofthe Court.
Dated: q al e3
Nb \'\U,!,
Hon. Thomas F. Whelan, J.S.C
2 of 2
Document Filed Date
September 27, 2023
Case Filing Date
June 20, 2023
Category
Torts - Motor Vehicle
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Preview
FILED: SUFFOLK COUNTY CLERK 09/27/2023 01:18 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/27/2023 SUPREMI, COI]RT - STATE OF NEW YORX DIFFERENTIATED CASE MANAGEMENT PART. SUFFOLK COI]NTY ( ADR ", (E!-PEBSQID Referrat Order Present: HON. THOMAS F. WHELAN Justice ofthe Supreme Court Index No aKs?ty'Ns x e(ryr P Iaintiff, FaUr**Xo.rr', ttome Plaint F/.{U - agalnst - Attomeys for Defendant !c*L,r.,VgC- w;tttu6 Defendant, ------------------------x upon review ofthe filings in this case by court personnel, this action is hereby referred - - to an Early Seulement Conference to foster negotiation with aview toward settling the dispute, narrow the issues to be adjudicated, and,/or hetp the parties to understand each other's po'sitions and interests. The parties must complete the preliminary discovery as set forth berow. on the date set forth below, the attorneys for tle parties must participate in an Early Settlement conference before the court. The parties or their duly authorized representatives shall be available by phone in the event the Court deems their participation necessrry. This order requires the early exchange oftargeted, core discovery and is intended to frame issues forresolution through an Early Settlement Confereo"". All di."ou"ry produced in accordance with this Order will be deemed part ofdiscovery under the Civil Practice Law and Rules. The parties, discovery responses in accordance with this order are subject to the amendment and supplementation requiiements ofCPLR $3101(h). Accordingly, it is oR-DERED that within 20 days ofthe date of this Order the parties shall exchange the folowing, if applicable: [' Accident reports (including police reports) regarding the underrying accident; 2. The coverage limits ofany applicable insurance agreement(s); 3 Alr photographs and videos depicting the accidenl damage to the vehicles involved, the accident scene, or injuries sustained by thelhintiff(s), u. *"tt u. any surveillance photographs or videos depicting the plaintiff(s); 4. The names and contact information ofall witnesses; 5. Statements ofadverse parties; and 6' Invoices, bi s, or repair estimates for alr vehicles involved in the accident; and it is further 1 of 2 FILED: SUFFOLK COUNTY CLERK 09/27/2023 01:18 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/27/2023 I uRDEREDthatwithin 20 days "r,n. o,,".rklioffiIf*fffis) t shau produce ro the defendant(s), the following, ifapplicable: A Bill ofParticulars in response to any previously sent demand for same; 2 Duly executed authorizations permitting defendant(s) to obtain copies ofall medical records relating to the injuries sustained by the plaintiff(s) as a result of the underlying accident; J All medical reports in the plaintiff(s) possession relating to the injuries sustained by the plaintiff(s) as a result ofthe underlying accident; and 4 Documents supporting any claim for lost income; and it is further ORDERED that, unless the to an earlier date, the plaintiff(s), at least, shall be produced for deposition(s) on and it is further ORD.I9TRED that counse I for th c parties shall appear IN-PERSO-\ before t[i5 u designated ADRI Representative for an farly Settlement Conference on ll at 9:30 AM in the Suffolk County ADR/Nrlediation Center, located at I Court S treet ml A Riverhead, New York I 1901, and shall have complete knowled ge ofthe alleged issues concernlng liability and damages, as well as fulI authority to dispose ofthe case; and it is further ORDERED that where parties are being defended and,/or indemnified pursuant to an insurance coverage contract, a representative of the insurance company with knowledge ofthe case and authority to settle shall be available telephonically; and it is further OIIDERED that to less than l0 davs prior to the Settlement Conference . plaintiff shall unload to NYSCEF a copy ofthe Bill of Particul ars and the PoliceiAcciden t ReDo and it is further 0R-DERED that no less than 10 dalrs orior to the Settlement Conference, defendant shall upload to I{YSCEF the insurer name and insurance coveraee limits under any applicabl" ir.or"o*. poticy; and it is further that requests to adjoum the Settlement Conference will only be entertained upon a showing ofgood cause, and there shall be g9 adjoumments without prior Court approval; and it is further ORDERED that fa ure to appear for any schedured Earry sefirement Conference, or fa re to comply with lhe directives setforth in this Order, may result in release of the casifrom lhe ADR part to an IAS Juslice for a conference and any action deemed appropriate in the discietion of the assigned Justice. This constitutes the Order ofthe Court. Dated: q al e3 Nb \'\U,!, Hon. Thomas F. Whelan, J.S.C 2 of 2