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SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY: COMPLIANCE SETTLEMENT AND CONFERENCE PART
COMPLIANCE CONFERENCE STIPULATION AND ORDER
PRESENT:
Justice Hon. Mojgan Lancman
--------------------------------------------------------------------------------------------X
MARIA LUZ VICENTE,
Index Number: 719685/2020
Conference Cal. No:
-against-
Date RJI Filed:
NEW YORK CITY TRANSIT
AUTHORITY, MTA BUS COMPANY,
METROPOLITAN TRANSIT
AUTHORITY and BRENDA J.
RODRIGUEZ PRUTTS,
__......__..........__......____..__............__....................__..___..__.............________Ç
IS THIS ACTION READY FOR TRIAL? YES NO
APPEARANCES:
Plaintiff/Petitioner: MARIA LUZ VICENTE
Firm/Attorney of Record:SILBERSTEIN, AWAD & MlKLOS, P.C.
Assigned Attorney:
Address: 600 Old Country Road, Suite 505, Garden City, New York 11530
Email: imeserole@ask4sam.net
Telephone: 516-832-7777 Fax: 516-832-7877
Defendant/Respondent: NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY&METROPOLITANTRANSlT AUTHORITY
of Record: DeBELLIS
ARMIENTI, & RHODEN,
LLP
Firm/Attorney
Assigned Attorney: Christopher Grimaldi, Esq.
Address: 39 Broadway, Suite 520, New York, New York 10006-3034
Email: cgrimaldi@adrilp.com
Telephone: 212-809-7074 Fax:
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Defendant/Respondent: BRENDA J. RODRIGUEZ PRUTTS
of Record: No appearance to date.
Firm/Attorney
Assigned Attorney:
Address:
Email:
Telephone: Fax:
Defendant/Respondent:
Firm/Attorney of Record:
Assigned Attorney:
Address:
Email:
Telephone: Fax:
ALL FIELDS MUST BE COMPLETED
09/03/2021
Upon the Preliminary Conference Order dated , and following a
Compliance Conference held on 05/16/2022 , and it appearing that disclosure
previously ordered herein has not been completed, or that additional disclosure is warranted, it is
hereby
ORDERED that all pending discovery-related motions shall be brought to the
attention ofthe Court, and it is further
ORDERED that disclosure demands now known to be necessary which are not
raised in this Order are deemed to be waived, and it is further
ORDERED that disclosure shall proceed and be completed in accordance herewith, and
it is further
ORDERED that all proceedings directed herein shall be completed on or before the
dates set forth. No adjournments of the dates set forth herein are to be had without the
Court's written approval, and it is further
ORDERED that any failure to comply strictly with the terms of this order shall be
grounds for the striking of pleadings or other relief pursuant to CPLR § 3126, and it is further
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STIPULATED and ORDERED as follows:
DOCUMENTS, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION:
Bill of Particulars was served ES O (If no, Plaintiff / Defendant
shall serve on or before:
Supplemental Bill of Particulars
required _YES O (If yes, Plaintiff / Defendant
shall serve on or before:
.
Insurance Coverage was served __ YES __NO (If no, Plaintiff / Defendant
shall serve on or before:
Lien information was served ES O (If no, Plaintiff / Defendant
shall serve on or before:
Authorizations served _YES __NO (If no, Plaintiff / Defendant
shall serve on or before:
Specific Authorizations Required .
DEPOSITIONS:
Plaintiff has been deposed ES __ O
Defendant has been deposed YES O
Non-party witness has been deposed __YES O
Parties not yet deposed:
3
All parties not yet deposed shall appear for deposition on: at
o'clock virtually, or as otherwise agreed among the parties. (The date for
deposition must be no more than 30 days from the date hereof. Insert any further provisions
regarding depositions):
EBT of Plaintiff on 5/20/2022
EBT of Defendant on 5/27/2022
PHYSICAL EXAMINATIONS:
Independent Medical Examination [IME] held ES __NO
V NO
Further IME required ES
If no Independent Medical Examination has been held, all defendants and other parties
desiring to take the physical examination of any plaintiff shall designate, in writing, the
physician(s) to take such examination within 30 days of the completion of the plaintiff's
deposition, or within 20 days of the date hereof in the event plaintiff's deposition has already
occurred.
All physical examinations shall be completed within 60 days of the designation of
examining physician(s). Pursuant to 22 NYCRR § 202.17 (c), copies of the reports of the
examining physician(s) shall be served on all parties within 45 days after the completion of the
examination.
(Insert any further provisions regarding physical examinations below):
and it is further
ORDERED that any further third-party actions shall be commenced promptly upon
discovery of the identity of the third-party defendant(s), but not more than 30 days after the
completion of depositions, unless for good cause shown, and it is further
ORDERED that parties aggrieved by failures to disclose must seek prompt relief or be
deemed to have waived the outstanding discovery, and it is further
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ORDERED No motion for discovery shall be made without an Affirmation from the
movant that a conference with the Court was first requested and either held or denied; the
absence of such an Affirmation shall result in denial ofthe motion, and it is further
ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall
within 30 days provide defendant with copies of all correspondence to Medicare, as evidence of
plaintiff's efforts to determine the outstanding claim against said plaintiff/beneficiary should one
exist, e.g. final demand or conditional summary from the Centers for Medicare and Medicaid
Services, and it is further
ORDERED that plaintiff(s) shall provide fresh HIPAA-compliant authorizations for
release o f medical records not later than 60 days be fore trial, and it is further
ORDERED that summary judgment motions shall be filed no later than 120 days after
filing the Note of Issue unless otherwise directed by the Court, and it is further
ORDERED that a Note of Issue shall not be filed until the Court directs or the parties
certify, via stipulation and/or Certification Order, that all discovery is complete, and it is further
ORDERED that any statutory stays for disclosure due to the pendency of motions
pursuant to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for
summary judgment pending the filing of a Note of Issue as directed herein, and it if further
ORDERED that any parties failing to appear for this Conference shall be bound by the
terms of this Order, and it is further
ORDERED as follows:
All parties to respond to demand for any outstanding discovery within 30 days. Plaintiff to provide authorizations
for Hudson Regional Hospital and Dr. Perry within 30 days.
If disputes arise about compliance with this Order, the parties shall promptly confer in
good faith in an effort to resolve those disputes. If that effort fails, the parties or any party
aggrieved shall, in advance of deadlines and prior to initiating motion practice, bring the
dispute to the attention of the Court, which will schedule a conference shortly thereafter to
resolve the dispute.
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Absent good cause, failure to comply with this order may result in the imposition of
penalties upon the offending party and, where warranted, upon counsel. Such penalties
may include waiver of the discovery, preclusion, dismissal, striking of an answer, costs,
sanctions, and attorney's fees.
SO ORDERED:
J.S.C.
Dated: 05/13/2022
Attorney for Plaintiff/Petitioner: Attorney for Defendant/Respondent:
JUSTIN C. MESEROLE CHRISTOPHER GRIMALDI
E-mail address: jmeserole@ask4sam.net E-mail address: cgrimaldi@adrllp.com
Attorney for Defendant/Respondent: Attorney for Defendant/Respondent:
E-mail address: E-mail address:
FOR COURT USE ONLY:
A virtual conference shall be held on .
********* ************
NOTE: PLEASE PROCEED TO PAGE 7 FOR ADDITIONAL REQUESTS
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ADDITIONAL REQUESTS
1.REQUEST FOR REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (ADR):
YES 2 NO (Parties seeking Court-referred ADR shall email the ADR
Coordinator at qscadr(â
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SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY: COMPLIANCE SETTLEMENT AND CONFERENCE PART COMPLIANCE CONFERENCE STIPULATION AND ORDER PRESENT: Justice Hon. Mojgan Lancman --------------------------------------------------------------------------------------------X MARIA LUZ VICENTE, Index Number: 719685/2020 Conference Cal. No: -against- Date RJI Filed: NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY and BRENDA J. RODRIGUEZ PRUTTS, __......__..........__......____..__............__....................__..___..__.............________Ç IS THIS ACTION READY FOR TRIAL? YES NO APPEARANCES: Plaintiff/Petitioner: MARIA LUZ VICENTE Firm/Attorney of Record:SILBERSTEIN, AWAD & MlKLOS, P.C. Assigned Attorney: Address: 600 Old Country Road, Suite 505, Garden City, New York 11530 Email: imeserole@ask4sam.net Telephone: 516-832-7777 Fax: 516-832-7877 Defendant/Respondent: NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY&METROPOLITANTRANSlT AUTHORITY of Record: DeBELLIS ARMIENTI, & RHODEN, LLP Firm/Attorney Assigned Attorney: Christopher Grimaldi, Esq. Address: 39 Broadway, Suite 520, New York, New York 10006-3034 Email: cgrimaldi@adrilp.com Telephone: 212-809-7074 Fax: 1 Defendant/Respondent: BRENDA J. RODRIGUEZ PRUTTS of Record: No appearance to date. Firm/Attorney Assigned Attorney: Address: Email: Telephone: Fax: Defendant/Respondent: Firm/Attorney of Record: Assigned Attorney: Address: Email: Telephone: Fax: ALL FIELDS MUST BE COMPLETED 09/03/2021 Upon the Preliminary Conference Order dated , and following a Compliance Conference held on 05/16/2022 , and it appearing that disclosure previously ordered herein has not been completed, or that additional disclosure is warranted, it is hereby ORDERED that all pending discovery-related motions shall be brought to the attention ofthe Court, and it is further ORDERED that disclosure demands now known to be necessary which are not raised in this Order are deemed to be waived, and it is further ORDERED that disclosure shall proceed and be completed in accordance herewith, and it is further ORDERED that all proceedings directed herein shall be completed on or before the dates set forth. No adjournments of the dates set forth herein are to be had without the Court's written approval, and it is further ORDERED that any failure to comply strictly with the terms of this order shall be grounds for the striking of pleadings or other relief pursuant to CPLR § 3126, and it is further 2 STIPULATED and ORDERED as follows: DOCUMENTS, AUTHORIZATIONS and OTHER DISCOVERY AND INSPECTION: Bill of Particulars was served ES O (If no, Plaintiff / Defendant shall serve on or before: Supplemental Bill of Particulars required _YES O (If yes, Plaintiff / Defendant shall serve on or before: . Insurance Coverage was served __ YES __NO (If no, Plaintiff / Defendant shall serve on or before: Lien information was served ES O (If no, Plaintiff / Defendant shall serve on or before: Authorizations served _YES __NO (If no, Plaintiff / Defendant shall serve on or before: Specific Authorizations Required . DEPOSITIONS: Plaintiff has been deposed ES __ O Defendant has been deposed YES O Non-party witness has been deposed __YES O Parties not yet deposed: 3 All parties not yet deposed shall appear for deposition on: at o'clock virtually, or as otherwise agreed among the parties. (The date for deposition must be no more than 30 days from the date hereof. Insert any further provisions regarding depositions): EBT of Plaintiff on 5/20/2022 EBT of Defendant on 5/27/2022 PHYSICAL EXAMINATIONS: Independent Medical Examination [IME] held ES __NO V NO Further IME required ES If no Independent Medical Examination has been held, all defendants and other parties desiring to take the physical examination of any plaintiff shall designate, in writing, the physician(s) to take such examination within 30 days of the completion of the plaintiff's deposition, or within 20 days of the date hereof in the event plaintiff's deposition has already occurred. All physical examinations shall be completed within 60 days of the designation of examining physician(s). Pursuant to 22 NYCRR § 202.17 (c), copies of the reports of the examining physician(s) shall be served on all parties within 45 days after the completion of the examination. (Insert any further provisions regarding physical examinations below): and it is further ORDERED that any further third-party actions shall be commenced promptly upon discovery of the identity of the third-party defendant(s), but not more than 30 days after the completion of depositions, unless for good cause shown, and it is further ORDERED that parties aggrieved by failures to disclose must seek prompt relief or be deemed to have waived the outstanding discovery, and it is further 4 ORDERED No motion for discovery shall be made without an Affirmation from the movant that a conference with the Court was first requested and either held or denied; the absence of such an Affirmation shall result in denial ofthe motion, and it is further ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall within 30 days provide defendant with copies of all correspondence to Medicare, as evidence of plaintiff's efforts to determine the outstanding claim against said plaintiff/beneficiary should one exist, e.g. final demand or conditional summary from the Centers for Medicare and Medicaid Services, and it is further ORDERED that plaintiff(s) shall provide fresh HIPAA-compliant authorizations for release o f medical records not later than 60 days be fore trial, and it is further ORDERED that summary judgment motions shall be filed no later than 120 days after filing the Note of Issue unless otherwise directed by the Court, and it is further ORDERED that a Note of Issue shall not be filed until the Court directs or the parties certify, via stipulation and/or Certification Order, that all discovery is complete, and it is further ORDERED that any statutory stays for disclosure due to the pendency of motions pursuant to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for summary judgment pending the filing of a Note of Issue as directed herein, and it if further ORDERED that any parties failing to appear for this Conference shall be bound by the terms of this Order, and it is further ORDERED as follows: All parties to respond to demand for any outstanding discovery within 30 days. Plaintiff to provide authorizations for Hudson Regional Hospital and Dr. Perry within 30 days. If disputes arise about compliance with this Order, the parties shall promptly confer in good faith in an effort to resolve those disputes. If that effort fails, the parties or any party aggrieved shall, in advance of deadlines and prior to initiating motion practice, bring the dispute to the attention of the Court, which will schedule a conference shortly thereafter to resolve the dispute. 5 Absent good cause, failure to comply with this order may result in the imposition of penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of the discovery, preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees. SO ORDERED: J.S.C. Dated: 05/13/2022 Attorney for Plaintiff/Petitioner: Attorney for Defendant/Respondent: JUSTIN C. MESEROLE CHRISTOPHER GRIMALDI E-mail address: jmeserole@ask4sam.net E-mail address: cgrimaldi@adrllp.com Attorney for Defendant/Respondent: Attorney for Defendant/Respondent: E-mail address: E-mail address: FOR COURT USE ONLY: A virtual conference shall be held on . ********* ************ NOTE: PLEASE PROCEED TO PAGE 7 FOR ADDITIONAL REQUESTS 6 ADDITIONAL REQUESTS 1.REQUEST FOR REFERRAL TO ALTERNATIVE DISPUTE RESOLUTION (ADR): YES 2 NO (Parties seeking Court-referred ADR shall email the ADR Coordinator at qscadr(â