Preview
FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021
OF NEW YORKSTATE
COURT SYSTEM
UNIFIED
. ONONDAGA SUPREME & COUNTY COURTS
COURT CLERK'S OFFICE
505 SOUTH STATE STREET, SUITE 110
SYRACUSE, NEW YORK 13202
James E. Makowiec
Civil (315) 671-1030 Chief Clerk
Criminal (315) 671-1020
Fax (315) 671-1191 Diane E. Helbig
Deputy Chief Clerk
June 15, 2021
Via NYSCEF
Re: Wayne Norton v. Robert Norton et ano
Index No.: 008543/2020
Dear Counselors:
Please be advised that an Alternative Dispute Resd:±k-: and Conference
Preliminary
("ADR/PC") has been scheduled for Friday, July 23, 2021 at 1:00 p.m. before the Hon.
Gregory R. Gilbert. This ADR PC will be held remotely by way of Microsoft Teams.
Alternative Dispute Resolution
The Court will screen all cases both before and during an ADR/PC to determine whether
early Alternative Dispute Resolution ("ADR") is appropriate.
Attorneys fully familiar with the case must appear at the ADR/PC prepared to discuss
possible settlement. If the appearing attorney does not have final settlement authority, then a
person with final settlemeñt authority must be available by phone. If the case is not settled at the
initial ADR/PC, then the case will be referred to an appropriate ADR alternative unless the
Court, in its sole discretion, following discussion with the attorneys and/or parties, determines
the case is not then appropriate for ADR.
ADR/PC Stipulation and Order
A blank ADR/PC Stipulation and Order ("ADR/PCSO") is enclosed. In addition, a
fillable PDF version of this form can be found on the Fifth Judicial District website at
htpp://ww2.nycourts.gov/courts/5jd/rules.shtml. Prior to the ADR/PC, the parties must confer
and endeavor to agree on a proposed ADR/PCSO, including specific deadlines for completion of
all outstanding discovery and the filing of the Note of Issue and Certificate of Readiness.
Plaintiff is required to submit a copy of the proposed ADR/PCSO and all pleadings to
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FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021
chambers at least one week prior to the ADR/PC.
Pursuant to 22 NYCRR § 202.12(b), when a case is reasonably likely to include
electronic discovery, attorneys for all parties who appear at the ADR/PC must be sufficiently
versed in matters related to their client's technological systems to discuss competently all
electronic discovery issues. Attorneys may bring a client representative or outside expert to
assist in such discussions.
Any failure to appear via Teams at the scheduled ADR/PC may be deemed a default
by the Court pursuant to 22 NYCRR § 202.27. The failure of a plaintiff to appear may
result in dismissal of the action; the failure of a defendant to appear may result in the
grañtiñg of a judgment by default against that defêñdañt; and the failure of all parties to
appear may result in such other order as the Court deems just.
Sincerely,
Mary lÓnashefsky
Court Clerk to
Hon. Gregory R. Gilbert, J.S.C.
mmonashe@nycourts.cov
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FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021
(Rev. 2/20)
SUPREME COURT, COUNTY ONONDAGA
OF
INDIVIDUAL ASSIGNMENT JUSTICE GREGORY R. GILBERT
ALTERNATIVE DISPUTE
Wayne Norton RESOLUTION and
PRELIMINARY CONFERENCE
Plaintiff(s), STIPULATION AND ORDER
22 NYCRR §§ 202.8 and 202.12
-VS-
Index No. 008543/2020
Robert Norton, Bruce Norton
Defendant(s).
[All items on the form must be completed unless iñ2pp!isable.]
(1) Alternative Dispute Resolution ("ADR") (to be completed by the Court at the ADR/PC):
(a) The Court engaged in ADR with the parties at the ADR/PC on
;
(b) ] On or before the parties will engage in
[additional] ADR as follows:
.
(c) ] The Court has determiñcd that ADR is not appropriate at this time;
(d) The Court has determined that ADR is not appropriate until completion of
the following:
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FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
(2) Insurance Coverage (CPLR § 3101[f]) shall be furnished on or before .
(3) Bill of Particulars (CPLR §§ 3042, 3043, 3044):
(a) Demend(s) for a bill of particulars shall be served on or before
(b) Bill(s) of particulars shall be served on or before ___ .
(c) A supplemeñtal bill of particulars may be served on or before ,
but not less than 30 days prior to trial.
(4) Medical Authorizations and Reports:
(a) Medical authorizations shall be served on or before
.
(b) Medical reports shall be served on or before .
(5) Physical or Mental Examinatio_ns (CPLR § 3121):
(a) Examination(s) of shall be held on or before .
(b) A copy of any ex--mir-i:ig physician's report(s) shall be furnished within 45 days
of the examination.
(6) Depositions: Choose (a) or (b):
(a)
Deponent Date & Time Place
(b) All depasitions shall be completed no later than __ __.
(7) Electronic Discoverv: Choose (a) or (b):
(a) No electronic discovery is required.
(b) ] The parties have prepared and attached a separate Electronic Discovery
Stipulation and Order.
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FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021
(8) Other Disclosure:
(a) On or before , all parties shall exchange names and
addresses of all witnesses, statements of opposing parties, phetegraphs and
accident reports (CPLR § 3101) or, if none, provide an affirmation to that effect.
plaintiff(s)'
(b) Authorization for employment records for the period from
to shall be furnished on or before
.
(c) On or before , plaintiff shall provide authorizations
for collateral sources of payment pursuant to CPLR § 4545.
(d) Demand(s) for discovery and inspection (CPLR § 3120) shall be served on or
before .
(e) Demands for admissions (CPLR § 3123), interrogatories (CPLR §§ 3130-33) and
other disclosures shall be served on or before .
(9) Imaicader and /or Motions to Amend Pleadings: Impleader and/or motions to amend
pleadings shall be completed on or before .
(10) Excert Disclosure (CPLR § 3101):
(a) Exchange of expert disclosure, if any, by the plaintiff(s) shall take place
.
(b) Exchange of expert disclosure, if any, by the defendant(s) shall take place
.
Expert disclosure provided after these dates without good cause will be precluded
from use at trial.
(11) Comoliance Conference; A conference to discuss ADR and to assess compliance with
this ADR/PCSO will be held on at a.m./p.m. [date and
time to be set by the Court at the ADR/PC].
(12) End Date for All Disclosure: All disclosure shall be completed by
(13) Motions: Any dispositive motion(s) shall be made on or before the 60th day after filing
of the trial note of issue.
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FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021
(14) Trial Note of Issue: Plaintiff/Defendant shall file a note of issue/certificate of readiness
on or before . (Must be within 12 months of date of filing RJI for
a standard case or within 15 months of filing RJI for a complex case).
(15) Discovery Dispute: If there is a discovery dispute, prior to making a motion pursuant to
CPLR §§ 3042, 3124, and/or 3126, the parties shall comply with the good faith
reqüirements of Rule 202.7(c) of the Uniform Rules of Trial Courts and shall request and
conclude a conference with the Court in an effort to resolve the discovery issues.
(16) Discontinuance. Settlement, Death or Bankruptcy: In the event this action is
discontinued, or settled in whole or in part by stipulation, or a party has died or become a
debtor in bankruptcy, the parties shall promptly notify the Court in writing pursuant to 22
NYCRR § 202.28.
(17) Personal Apacarañces Required: Absent advance waiver by the Court, a party appearing
pro se or, if represented, a party's attorney, shall appear in person at all Court
conferences. Pursuant to 22 NYCRR § 202.27, the failure of a plaintiff to appear may
result in dismissal of the action; the failure of a defendant to appear may result in the
granting of judgment by default against that defendant; and the failure of all parties to
appear may result in such other order as the Court deems just.
(18) Additional Notes:
(19) Failure to comply with any of these directives may result in the imposition of costs or
sanctions or other action authorized by law.
DATED:
Attorneys for Plaintiff(s)
Attomeys for Defendant(s)
Attomeys for Defendant(s)
Attorneys for Defendant(s)
IT IS SO ORDERED / /
Hon. Gregory R. Gilbert, JSC
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Preview
FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021 OF NEW YORKSTATE COURT SYSTEM UNIFIED . ONONDAGA SUPREME & COUNTY COURTS COURT CLERK'S OFFICE 505 SOUTH STATE STREET, SUITE 110 SYRACUSE, NEW YORK 13202 James E. Makowiec Civil (315) 671-1030 Chief Clerk Criminal (315) 671-1020 Fax (315) 671-1191 Diane E. Helbig Deputy Chief Clerk June 15, 2021 Via NYSCEF Re: Wayne Norton v. Robert Norton et ano Index No.: 008543/2020 Dear Counselors: Please be advised that an Alternative Dispute Resd:±k-: and Conference Preliminary ("ADR/PC") has been scheduled for Friday, July 23, 2021 at 1:00 p.m. before the Hon. Gregory R. Gilbert. This ADR PC will be held remotely by way of Microsoft Teams. Alternative Dispute Resolution The Court will screen all cases both before and during an ADR/PC to determine whether early Alternative Dispute Resolution ("ADR") is appropriate. Attorneys fully familiar with the case must appear at the ADR/PC prepared to discuss possible settlement. If the appearing attorney does not have final settlement authority, then a person with final settlemeñt authority must be available by phone. If the case is not settled at the initial ADR/PC, then the case will be referred to an appropriate ADR alternative unless the Court, in its sole discretion, following discussion with the attorneys and/or parties, determines the case is not then appropriate for ADR. ADR/PC Stipulation and Order A blank ADR/PC Stipulation and Order ("ADR/PCSO") is enclosed. In addition, a fillable PDF version of this form can be found on the Fifth Judicial District website at htpp://ww2.nycourts.gov/courts/5jd/rules.shtml. Prior to the ADR/PC, the parties must confer and endeavor to agree on a proposed ADR/PCSO, including specific deadlines for completion of all outstanding discovery and the filing of the Note of Issue and Certificate of Readiness. Plaintiff is required to submit a copy of the proposed ADR/PCSO and all pleadings to 1 of 6 FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021 chambers at least one week prior to the ADR/PC. Pursuant to 22 NYCRR § 202.12(b), when a case is reasonably likely to include electronic discovery, attorneys for all parties who appear at the ADR/PC must be sufficiently versed in matters related to their client's technological systems to discuss competently all electronic discovery issues. Attorneys may bring a client representative or outside expert to assist in such discussions. Any failure to appear via Teams at the scheduled ADR/PC may be deemed a default by the Court pursuant to 22 NYCRR § 202.27. The failure of a plaintiff to appear may result in dismissal of the action; the failure of a defendant to appear may result in the grañtiñg of a judgment by default against that defêñdañt; and the failure of all parties to appear may result in such other order as the Court deems just. Sincerely, Mary lÓnashefsky Court Clerk to Hon. Gregory R. Gilbert, J.S.C. mmonashe@nycourts.cov 2 of 6 FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021 (Rev. 2/20) SUPREME COURT, COUNTY ONONDAGA OF INDIVIDUAL ASSIGNMENT JUSTICE GREGORY R. GILBERT ALTERNATIVE DISPUTE Wayne Norton RESOLUTION and PRELIMINARY CONFERENCE Plaintiff(s), STIPULATION AND ORDER 22 NYCRR §§ 202.8 and 202.12 -VS- Index No. 008543/2020 Robert Norton, Bruce Norton Defendant(s). [All items on the form must be completed unless iñ2pp!isable.] (1) Alternative Dispute Resolution ("ADR") (to be completed by the Court at the ADR/PC): (a) The Court engaged in ADR with the parties at the ADR/PC on ; (b) ] On or before the parties will engage in [additional] ADR as follows: . (c) ] The Court has determiñcd that ADR is not appropriate at this time; (d) The Court has determined that ADR is not appropriate until completion of the following: 3 of 6 FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021 It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: (2) Insurance Coverage (CPLR § 3101[f]) shall be furnished on or before . (3) Bill of Particulars (CPLR §§ 3042, 3043, 3044): (a) Demend(s) for a bill of particulars shall be served on or before (b) Bill(s) of particulars shall be served on or before ___ . (c) A supplemeñtal bill of particulars may be served on or before , but not less than 30 days prior to trial. (4) Medical Authorizations and Reports: (a) Medical authorizations shall be served on or before . (b) Medical reports shall be served on or before . (5) Physical or Mental Examinatio_ns (CPLR § 3121): (a) Examination(s) of shall be held on or before . (b) A copy of any ex--mir-i:ig physician's report(s) shall be furnished within 45 days of the examination. (6) Depositions: Choose (a) or (b): (a) Deponent Date & Time Place (b) All depasitions shall be completed no later than __ __. (7) Electronic Discoverv: Choose (a) or (b): (a) No electronic discovery is required. (b) ] The parties have prepared and attached a separate Electronic Discovery Stipulation and Order. 4 of 6 FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021 (8) Other Disclosure: (a) On or before , all parties shall exchange names and addresses of all witnesses, statements of opposing parties, phetegraphs and accident reports (CPLR § 3101) or, if none, provide an affirmation to that effect. plaintiff(s)' (b) Authorization for employment records for the period from to shall be furnished on or before . (c) On or before , plaintiff shall provide authorizations for collateral sources of payment pursuant to CPLR § 4545. (d) Demand(s) for discovery and inspection (CPLR § 3120) shall be served on or before . (e) Demands for admissions (CPLR § 3123), interrogatories (CPLR §§ 3130-33) and other disclosures shall be served on or before . (9) Imaicader and /or Motions to Amend Pleadings: Impleader and/or motions to amend pleadings shall be completed on or before . (10) Excert Disclosure (CPLR § 3101): (a) Exchange of expert disclosure, if any, by the plaintiff(s) shall take place . (b) Exchange of expert disclosure, if any, by the defendant(s) shall take place . Expert disclosure provided after these dates without good cause will be precluded from use at trial. (11) Comoliance Conference; A conference to discuss ADR and to assess compliance with this ADR/PCSO will be held on at a.m./p.m. [date and time to be set by the Court at the ADR/PC]. (12) End Date for All Disclosure: All disclosure shall be completed by (13) Motions: Any dispositive motion(s) shall be made on or before the 60th day after filing of the trial note of issue. 5 of 6 FILED: ONONDAGA COUNTY CLERK 06/15/2021 10:21 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 06/15/2021 (14) Trial Note of Issue: Plaintiff/Defendant shall file a note of issue/certificate of readiness on or before . (Must be within 12 months of date of filing RJI for a standard case or within 15 months of filing RJI for a complex case). (15) Discovery Dispute: If there is a discovery dispute, prior to making a motion pursuant to CPLR §§ 3042, 3124, and/or 3126, the parties shall comply with the good faith reqüirements of Rule 202.7(c) of the Uniform Rules of Trial Courts and shall request and conclude a conference with the Court in an effort to resolve the discovery issues. (16) Discontinuance. Settlement, Death or Bankruptcy: In the event this action is discontinued, or settled in whole or in part by stipulation, or a party has died or become a debtor in bankruptcy, the parties shall promptly notify the Court in writing pursuant to 22 NYCRR § 202.28. (17) Personal Apacarañces Required: Absent advance waiver by the Court, a party appearing pro se or, if represented, a party's attorney, shall appear in person at all Court conferences. Pursuant to 22 NYCRR § 202.27, the failure of a plaintiff to appear may result in dismissal of the action; the failure of a defendant to appear may result in the granting of judgment by default against that defendant; and the failure of all parties to appear may result in such other order as the Court deems just. (18) Additional Notes: (19) Failure to comply with any of these directives may result in the imposition of costs or sanctions or other action authorized by law. DATED: Attorneys for Plaintiff(s) Attomeys for Defendant(s) Attomeys for Defendant(s) Attorneys for Defendant(s) IT IS SO ORDERED / / Hon. Gregory R. Gilbert, JSC 6 of 6