Preview
Revised
9-25-20
Presiding: HON. THOMAS D. BUCHANAN,
J.S.C.
PRELIMINARY
RONDELL HUNTER-HAM, BY HIS, CONFERENCE
ATTORNEY-IN-FACT, DANIELLE LESLIE STIPULATION and ORDER
(Uniform Rules §§ 202.8 and 202.12)
Plaintiflis),
v. Index No. 2020-852
HUSDON HOMESTEAD RJI No.-
OROUP, LLC,
Defendant.
ADR rules may be found at:
http://ww2.nycourts.gov/sites/default/fileddecument/files/2019-12/ADR-Rules.pdf
Please select one or more of the below ADR options:
Compulsory Arbitration
X Mediation with a Court Attorney-Referee
Mediation with a Neutral from the Court's Roster: Name
Madlation with a privately retained neutral (upon approval by the Court): Name
Neutral Evaluation with a Neutral from the Court's Roster
Settlement with Judge Buahanan
conferencing
Sattlement conferencing with a JHO or a memhar of the court's legal staff
Summary Jury Trial
ADR to be conducted (select one)
On or before
Bnd of paper discovery
X End of depositions
Print Actual Date
days"
(N_g_t"30 etc.) or
"N/A"
if Not Applicable
It is hereby Stipulated and Ordered that disclosure shall proceed as fellows:
(1) Electronic Discovery (see 22 NYCRR _ 202.12(c)(3))
Check either box (a), (b) or (c):
(a) X There is no Electronic Discovery required or
(b) O The parties have prepared and a**achM a separate Electronic
Discovery Stipulation and Order establishing the metlied and
scope of any electronic discovery pursuant to 22 NYCRR
_202.12(c)(3) or
(c) O An Electronic Discovery Conference shall be held on (ro be
plied in by Court)..........................
~---
Attorneys for all parties who appear at the Blectronic Discovery .
Conference must be sufficiently versed in matters relating to
clients'
their technological systems to discuss competently all at
issues relating to electronic discovery. Attorneys may bring a
client representative or outside expert to assist in such electronic
discovery discussions.
(2) Insurance Agreement (CPLR § 3101(f)), if not already provided, shall be
furnished by Defendant July 30, 2021
(3) Demands for Bill of Particulars shall be served by July 30, 2021
(4) Bills of Particulars shall be served by August 30, 2021
(5) Medical Reports and Authorizations shall be served by August 30, 2021
(6) Physical Examination of the Plaintiff shall be conduded within 45 days of his
deposition.
A copy of the Physician's Report shall be furnished to Plaintiff(s) within 45
days of the examination.
(7) Check either box (a) or (b):
(a) O Depositions shall be held as follows:
Deponent Place
on ...........
• on ...........
on ...........
or
Print Actual Date
daya"
(Hg.t "30 etc.) or
"N/A"
(fNot Applicable
(b) X The parties shall set a schedule for Depositions, which are to be
held no later than ---==. December 30, 2021
The parties shall provide the Court with the schedule.
(Check box sf it applies)
X If one deposition fails to take place as scheduled, the
parties'
remaining depositions shall nonetheless proceed as
scheduled, except that the priorities between the plaintiffs
and defendants shall be preserved.
(8) All parties shall exchange names and addresses of all eyewitnesses and notice
witnesses, statements of opposing parties and photographs, or if none'
August 30 ' 2021
provide an affirmation to the effect, by
(9) Authorizations for Plaintiff(s)'s employment records for the period 2016 to
2019 shall be furnished by................... August 30, 2021
(10) Demands for Discovery and Inspection and Interrogatories shall be served
July 30, 2021
by
The items sought shall be produced to the extent not objected to, and
August 30, 2021
objections, if any, shall be stated on or before
(11) Accident Reports prepared in the regular course of business shall be
exchanged pursuant to CPLR § 3101(g) by August 30, 2021
(12) PlaintifI(s) shall provide authorizations for the following ca'Jateral source of
payment providers pursuant to CPLR § 4545 by August 30, 2021.
(13) to Amend Pleadings or to Add shall be filed with the
Motion(s)
Court no later than ..............................
Party(ies)
Few L 2022
(14) END DATE FOR ALL DISCLOSURE, other than Expert Diseleme, shall June 23, 2022
be
(Check box that applies)
xThis is a Standard Case
(Must be within 12 months of the date the Request for Judicial
Intervention was fled)
O This is a Complex Case
(Must be within 15 months of the date the Request for Judicial
Intervention was fled)
(15) (a) Medicaid Lien Plaintiffs shall provide proof that an Adjudicated Claim
Report (for medical services) has been requasted from HMS an_d the amount of
March 1, 2022
any cash assistance has been requested from the appropriate County
Department of Social Services (Must be at least 6 weeks before date for flling
Print Actual Date
days"
(Ngt "30 etc.) or
"N/A"
if Not Applicable
of the hial Note of Issue) ...................,
or
(b) Medicare Secondary Payor Plaintiffs shall provide proof that the September 1, 2021
MSPRC has been advised of the action by (Must be at least 20 weeks before
date for flling of the hial Note of Issue)
(16) A Trial Note. of Issue and Certificate of Readiness, together with a copy of
this Preliminary Conference Stipulation and Order, an Affirmation stating
that the terms and conditions of this Preliminary Conference Stipulation and
Order have been complied with, and an Amdavit of Service of the same upon
the other parties shall be filed by Plaintiff on or before July 23, 2022
(Must be within thirty (30) days of End Date for All Disclosure)
(The Court will schedule a Pre-blal Conference for the purpose of scheduling
the &ial following the f ling of the &‡al Note of Issue.)
(17) Any Dispositive Motion(s) pursuant to CPLR §§ 3211 or 3212 shall be filed
with the Court no later than (Must be within thirty (30) days of the date for August 23, 2022
f ling of the Trial Note of Issue)...........
(18) Expert Disclosure shall be provided by PlaintifRs) 90 days before Trial
Expert Disclosure shall be provided by Defendant(s) 60 days before Trial
and it is further Stipulated and Ordered that
(19) Should any discovery disputes arise, prior to making a Motion pursuant to CPLR §§ 3042, 3124 and/or
3126, the parties shall (a) comply with the good faith requirements of 22 NYCRR § 202.7 gn_d (b) the
parties shall contact the Court's Law Clerk, Thomas L. Bell, Esq., and comlude a Conference with the
Law Clerk in an attempt to resolve any such issues;
(20) The failure of a party to prepare or timely share any of the documents required under this stipulation shall
warrant a review of the conduct of that party and/or that party's attorney pursuant to 22 NYCRR Part 130;
(21) Any failure to comply with any of the directives in this stipulation and order may result in the
imposition of costs or sanctions or other action authorized by rule or law, including preclusion, or
other sanctions as provided for in CPLR § 3126;
(22) A party or party's attorney must appear igg nerson at all Conferences acheduled with the Court or
the Court's Law Clerk. Any failure to appear at any scheduled Conference may be deemed a
default by the Court pursuant to 22 NYCRR § 202.27. The failure of a plaintiff to appear may
result in the dismissal of their action; the failure of a defendant to appear may result in the
granting of a judgment by default against that defêñdant; and the failure of all parties to appear
may result in such other order as appears just.
(23) The parties shall ensure that a Stipulation of Dise-d-ªnce shall be promptly filed if the case settles
before the next appearance before the Court;
and it is further Stipulated and Ordered that (Print additia.-.al directives):
(24)
F n elste artn rs LP
ara
LAtt ney r PŸathti f Attorney for Defendant
*
Attorney for Plaintiff Attorney for Defandant
*
Attarñcy for Plaintiff Attorney for Defendant
So ORDERED.
Dated:
Hon. Thomas D. Buest, J.S.C.
Preview
Revised 9-25-20 Presiding: HON. THOMAS D. BUCHANAN, J.S.C. PRELIMINARY RONDELL HUNTER-HAM, BY HIS, CONFERENCE ATTORNEY-IN-FACT, DANIELLE LESLIE STIPULATION and ORDER (Uniform Rules §§ 202.8 and 202.12) Plaintiflis), v. Index No. 2020-852 HUSDON HOMESTEAD RJI No.- OROUP, LLC, Defendant. ADR rules may be found at: http://ww2.nycourts.gov/sites/default/fileddecument/files/2019-12/ADR-Rules.pdf Please select one or more of the below ADR options: Compulsory Arbitration X Mediation with a Court Attorney-Referee Mediation with a Neutral from the Court's Roster: Name Madlation with a privately retained neutral (upon approval by the Court): Name Neutral Evaluation with a Neutral from the Court's Roster Settlement with Judge Buahanan conferencing Sattlement conferencing with a JHO or a memhar of the court's legal staff Summary Jury Trial ADR to be conducted (select one) On or before Bnd of paper discovery X End of depositions Print Actual Date days" (N_g_t"30 etc.) or "N/A" if Not Applicable It is hereby Stipulated and Ordered that disclosure shall proceed as fellows: (1) Electronic Discovery (see 22 NYCRR _ 202.12(c)(3)) Check either box (a), (b) or (c): (a) X There is no Electronic Discovery required or (b) O The parties have prepared and a**achM a separate Electronic Discovery Stipulation and Order establishing the metlied and scope of any electronic discovery pursuant to 22 NYCRR _202.12(c)(3) or (c) O An Electronic Discovery Conference shall be held on (ro be plied in by Court).......................... ~--- Attorneys for all parties who appear at the Blectronic Discovery . Conference must be sufficiently versed in matters relating to clients' their technological systems to discuss competently all at issues relating to electronic discovery. Attorneys may bring a client representative or outside expert to assist in such electronic discovery discussions. (2) Insurance Agreement (CPLR § 3101(f)), if not already provided, shall be furnished by Defendant July 30, 2021 (3) Demands for Bill of Particulars shall be served by July 30, 2021 (4) Bills of Particulars shall be served by August 30, 2021 (5) Medical Reports and Authorizations shall be served by August 30, 2021 (6) Physical Examination of the Plaintiff shall be conduded within 45 days of his deposition. A copy of the Physician's Report shall be furnished to Plaintiff(s) within 45 days of the examination. (7) Check either box (a) or (b): (a) O Depositions shall be held as follows: Deponent Place on ........... • on ........... on ........... or Print Actual Date daya" (Hg.t "30 etc.) or "N/A" (fNot Applicable (b) X The parties shall set a schedule for Depositions, which are to be held no later than ---==. December 30, 2021 The parties shall provide the Court with the schedule. (Check box sf it applies) X If one deposition fails to take place as scheduled, the parties' remaining depositions shall nonetheless proceed as scheduled, except that the priorities between the plaintiffs and defendants shall be preserved. (8) All parties shall exchange names and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and photographs, or if none' August 30 ' 2021 provide an affirmation to the effect, by (9) Authorizations for Plaintiff(s)'s employment records for the period 2016 to 2019 shall be furnished by................... August 30, 2021 (10) Demands for Discovery and Inspection and Interrogatories shall be served July 30, 2021 by The items sought shall be produced to the extent not objected to, and August 30, 2021 objections, if any, shall be stated on or before (11) Accident Reports prepared in the regular course of business shall be exchanged pursuant to CPLR § 3101(g) by August 30, 2021 (12) PlaintifI(s) shall provide authorizations for the following ca'Jateral source of payment providers pursuant to CPLR § 4545 by August 30, 2021. (13) to Amend Pleadings or to Add shall be filed with the Motion(s) Court no later than .............................. Party(ies) Few L 2022 (14) END DATE FOR ALL DISCLOSURE, other than Expert Diseleme, shall June 23, 2022 be (Check box that applies) xThis is a Standard Case (Must be within 12 months of the date the Request for Judicial Intervention was fled) O This is a Complex Case (Must be within 15 months of the date the Request for Judicial Intervention was fled) (15) (a) Medicaid Lien Plaintiffs shall provide proof that an Adjudicated Claim Report (for medical services) has been requasted from HMS an_d the amount of March 1, 2022 any cash assistance has been requested from the appropriate County Department of Social Services (Must be at least 6 weeks before date for flling Print Actual Date days" (Ngt "30 etc.) or "N/A" if Not Applicable of the hial Note of Issue) ..................., or (b) Medicare Secondary Payor Plaintiffs shall provide proof that the September 1, 2021 MSPRC has been advised of the action by (Must be at least 20 weeks before date for flling of the hial Note of Issue) (16) A Trial Note. of Issue and Certificate of Readiness, together with a copy of this Preliminary Conference Stipulation and Order, an Affirmation stating that the terms and conditions of this Preliminary Conference Stipulation and Order have been complied with, and an Amdavit of Service of the same upon the other parties shall be filed by Plaintiff on or before July 23, 2022 (Must be within thirty (30) days of End Date for All Disclosure) (The Court will schedule a Pre-blal Conference for the purpose of scheduling the &ial following the f ling of the &‡al Note of Issue.) (17) Any Dispositive Motion(s) pursuant to CPLR §§ 3211 or 3212 shall be filed with the Court no later than (Must be within thirty (30) days of the date for August 23, 2022 f ling of the Trial Note of Issue)........... (18) Expert Disclosure shall be provided by PlaintifRs) 90 days before Trial Expert Disclosure shall be provided by Defendant(s) 60 days before Trial and it is further Stipulated and Ordered that (19) Should any discovery disputes arise, prior to making a Motion pursuant to CPLR §§ 3042, 3124 and/or 3126, the parties shall (a) comply with the good faith requirements of 22 NYCRR § 202.7 gn_d (b) the parties shall contact the Court's Law Clerk, Thomas L. Bell, Esq., and comlude a Conference with the Law Clerk in an attempt to resolve any such issues; (20) The failure of a party to prepare or timely share any of the documents required under this stipulation shall warrant a review of the conduct of that party and/or that party's attorney pursuant to 22 NYCRR Part 130; (21) Any failure to comply with any of the directives in this stipulation and order may result in the imposition of costs or sanctions or other action authorized by rule or law, including preclusion, or other sanctions as provided for in CPLR § 3126; (22) A party or party's attorney must appear igg nerson at all Conferences acheduled with the Court or the Court's Law Clerk. Any failure to appear at any scheduled Conference may be deemed a default by the Court pursuant to 22 NYCRR § 202.27. The failure of a plaintiff to appear may result in the dismissal of their action; the failure of a defendant to appear may result in the granting of a judgment by default against that defêñdant; and the failure of all parties to appear may result in such other order as appears just. (23) The parties shall ensure that a Stipulation of Dise-d-ªnce shall be promptly filed if the case settles before the next appearance before the Court; and it is further Stipulated and Ordered that (Print additia.-.al directives): (24) F n elste artn rs LP ara LAtt ney r PŸathti f Attorney for Defendant * Attorney for Plaintiff Attorney for Defandant * Attarñcy for Plaintiff Attorney for Defendant So ORDERED. Dated: Hon. Thomas D. Buest, J.S.C.