Preview
WV
iD: QU OUN PK Oo: INDEX NO. 701269/2021
NYSCEF BOC. NO. 11 RECEIVED NYSCEF: 05/13/2021
PC 05/13/2021
CC 08/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY - CIVIL TERM
PRELIMINARY CONFERENCE PART
PRESENT: HON. MOJGAN C. LANCMAN
BARCACEL, SOWKA
Preliminary Conference Order
Plaintiff(s),
- against - Index Number: 701269/2021
MARCOS, FREITAS
Defendant(s). Date Rul Filed: 04/20/2021
Xx
Arequest for a Preliminary Conference having been filed, or the Court having acted on its own initiative
pursuant to 22 NYCRR §202.12(j), it is hereby:
ORDERED that disclosure shall proceed as follows:
(1) Insurance Coverage:
(a) If not yet done, defendant(s); shall disclose in writing the existence and contents of any insurance
agreement, including umbrella or excess coverage, as described in CPLR §3101(f) within 45 days of this Order;
(b) Plaintiff shall disclose any Uninsured Motorist/Supplemental Uninsured Motorist coverage within
45 days of this Order.
(2) Bill of Particulars/Interrogatories:
(a) If not already served, a demand for a Bill of Particulars or Interrogatories shall be served by
defendant(s) on or before [ 06/03/2021 ]
(b) A Bill of Particulars or Interrogatories shall be served on or before [ 06/24/2021 ].
(c) If an affirmative defense or counterclaim is asserted, a Demand for a Bill of Particulars or
Interrogatories shall be served by plaintiff_on [ 06/03/2021 ]. A response to such demand shall be served
on [ 06/24/2021 ]-
(3) Medical Report(s), Record(s) and Authorization(s): On or before sixty (60) days from the date
hereof, a duly executed written authorization(s) shall be furnished by plaintiff, if applicable, for the following:
(a)Physician, and/or hospital, pharmacy and/or autopsy records;
(b) Employment and/or attendance records for the period two years prior to and one year after
the date of the occurrence/accident;
(c) No-fault file;
(d) Diagnostic tests and films;
(e) Collateral source authorizations / workers comp records;
(f) W2 and/or tax return records for self-employed individuals (if there is a loss of wages claim)
for the period of two years prior to and one year after the date of the occurrence/accident.
1 of 3
WV
iD: QU OUN PK Oo: INDEX NO. 701269/2021
NYSCEF BOC. NO. 11 RECEIVED NYSCEF: 05/13/2021
(4) Physical Examinations:
§(b)
a) Examination(s) of plaintiff shall be noticed within twenty days of the completion of the
laintiff's deposition and held within sixty days of the service of the notice.
Pursuant to 22 NYCRR §202.17(b), at least twenty (20) days before such examination,
plaintiff shall serve upon all other parties copies of the medical reports of those physicians who have previously
treated or examined him/her.
(c) Acopy of the examining physician's report shall be furnished to all parties within forty-five (45)
days of the examination.
(5) Depositions:
(a) Examinations before trial for all parties/non-parties shall be conducted remotely at a mutually
convenient time, or, if so agreed by the parties, in person at a mutually agreed location and time, within Ninety
(90) days of this order. The parties shall produce all relevant books, papers, records,
and other material for use at the deposition. The parties shall designate, in writing, at least ten (10) days prior
to the examination before trial, any specific material which is necessary for use at the deposition.
(b) Unless otherwise directed prior to the examinations before trial, attorneys seeking rulings on
objections or making application for any other relief pertaining to the depositions shall virtually communicate
with the Preliminary Conference Justice, for a determination.
(c) Once begun, a deposition shall continue until completed and shall not be adjourned without
further order of the Court.
(d) The transcript of an examination before trial shall be delivered to the party deposed within thirty
(30) days of the deposition, and shall be returned, duly executed, pursuant to CPLR § 3116.
(e) Subpoenas for the examination before trial of any non-party witness shall be served no later
than 45 days after the completion of party depositions, provided such witness is known by completion of party
depositions, and if not known at that time, within 45 days of first disclosure or identification of such witness or
within the discretion of the Court.
(f) Defendant's right to a further deposition of plaintiff is reserved as to any new injuries or
damages claimed in any supplemental Bill of Particulars served by plaintiff following the plaintiff's deposition.
(g) Any deposition which is not held as scheduled in this Order must be promptly
rescheduled for a date which is not later than 30 days after the original date. Only one such
adjournment is permitted without further Court approval.
(6) Other Disclosure:
(a) Within ninety (90) days from the date hereof, all parties shall exchange names and addresses
of all witnesses, and shall exchange statements of opposing parties and photographs, or, if none, shall provide
an affirmation to that effect.
(b) All parties shall exchange information relating to expert witnesses in compliance with
CPLR §3101(d)(i).
(c) Medicare Liens: If plaintiff is a medicare recipient or eligible, plaintiff shall, within ninety (90)
days, provide defendant(s) with the details of said lien(s), or if unknown, copies of correspondence to Medicare,
evidencing plaintiff's efforts to determine the outstanding claim against said plaintiff/beneficiary, should one
exist.
(d) Additional Disclosure Issues: the parties shall produce the following within forty-five (45) days,
if applicable:
(1) Maintenance and repair records for (2) two years prior to and including the date of the
occurrence,
(2) Contracts and all related contract documents (i.e. Progress Reports) for two years prior
to and including the date of the occurrence.
‘e) Demands for documents shall be served within 30 days and shall be responded to within 30
days from service,
2 of 3
WV
iD: QU OUN PK Oo: INDEX NO. 701269/2021
NYSCEF BOC. NO. 11 RECEIVED NYSCEF: 05/13/2021
(7) Impleader: All third-party actions shall be commenced within sixty (60) days of the last deposition.
Joinder of a third-party action beyond this date without leave of Court may result in a severance.
(8) Compliance Conference:
(a) Unless a Note of Issue/Certificate of Readiness shall have been filed prior thereto, counsel for
all parties shall submit a Compliance Conference Stipulation and Order by email to the Compliance
Conference/Settlement Part on [ 08/12/2021 }. The Order can be found on the Court's website or by
clicking here: https://www.nycourts,gov/LegacyPDFS/COURTS/11jd/supreme/civilterm/bar_notice.pdf
(b) Filing of a Note of Issue priorto the Compliance Conference must include a written stipulation
fully executed by all parties acknowledging that all discovery has been completed. Failure to comply with this
provision will result in vacatur of the prematurely filed Note of Issue.
(c) Copies of medical reports and pleadings shall be available for review at the Compliance
Conference and appearing attorneys must be knowledgeable about the case and be prepared to discuss
settlement at that time.
(9) ADR: Parties are encouraged to utilize Alternative Dispute Resolution to resolve the action as early
and as efficiently as possible. Information regarding ADR can be found HERE and by contacting Linda
Dardis, Esq., ADR Coordinator, at Idardis@nycourts.gov.
(10) Summary Jury Trials: Parties are encouraged to consider a summary jury trial and shall notify
the Court within Ninety (90) days from the date hereof, if a Summary Jury Trial is requested.
(11) Motions for Summary Judgment: Pursuant to CPLR Rule 3212(a), any motion for summary
judgment shall be made within one hundred twenty (120) days of the filing of the Note of Issue absent the
LA, Judge’s Part Rules to the contrary or further Order of the court. Motions made before the filing of
the Note of Issue do not stay discovery.
(12) Stipulations of settlement or discontinuance are to be filed by defendant, pursuant to
22 NYCRR 202.28, with the County Clerk, within twenty (20) days of such discontinuance. A copy of the
stipulation shall also be emailed to the |.A. Part.
(13) Trial Authorizations: Properly executed HIPPA-compliant authorizations shall be served on all
defendants by plaintiff within ninety (90) days of the filing of the Note of Issue.
No discovery motion shall be made without a good faith attempt by the parties to resolve the dispute.
If the dispute is not resolved, the party seeking discovery shall request a virtual conference with the
Preliminary Conference Part. If the conference does not resolve the dispute, a motion may be filed. An
Affirmation from the movant that a good faith effort was made to resolve the discovery dispute and that a
conference with the Preliminary Conference Part was requested and held or denied, must accompany the
motion.
Absent good cause, non-compliance with this Order, including the failure to raise discovery
problems in advance of deadlines, 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 a pleading, costs, sanctions and attorney’s fees and it is further;
ORDERED that except for Paragraph 5(g) set forth above, the dates in this Order may not be
extended without advance approval by the Court. Stipulations, unless ‘So Ordered’ by the Court, will
not be honored.
SO ORDERED:
CM" }—,
Date: 05/13/2021
MOJGAN COHANIM LANCMAN, J.S.C.
3 of 3
Preview
WV iD: QU OUN PK Oo: INDEX NO. 701269/2021 NYSCEF BOC. NO. 11 RECEIVED NYSCEF: 05/13/2021 PC 05/13/2021 CC 08/12/2021 SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY - CIVIL TERM PRELIMINARY CONFERENCE PART PRESENT: HON. MOJGAN C. LANCMAN BARCACEL, SOWKA Preliminary Conference Order Plaintiff(s), - against - Index Number: 701269/2021 MARCOS, FREITAS Defendant(s). Date Rul Filed: 04/20/2021 Xx Arequest for a Preliminary Conference having been filed, or the Court having acted on its own initiative pursuant to 22 NYCRR §202.12(j), it is hereby: ORDERED that disclosure shall proceed as follows: (1) Insurance Coverage: (a) If not yet done, defendant(s); shall disclose in writing the existence and contents of any insurance agreement, including umbrella or excess coverage, as described in CPLR §3101(f) within 45 days of this Order; (b) Plaintiff shall disclose any Uninsured Motorist/Supplemental Uninsured Motorist coverage within 45 days of this Order. (2) Bill of Particulars/Interrogatories: (a) If not already served, a demand for a Bill of Particulars or Interrogatories shall be served by defendant(s) on or before [ 06/03/2021 ] (b) A Bill of Particulars or Interrogatories shall be served on or before [ 06/24/2021 ]. (c) If an affirmative defense or counterclaim is asserted, a Demand for a Bill of Particulars or Interrogatories shall be served by plaintiff_on [ 06/03/2021 ]. A response to such demand shall be served on [ 06/24/2021 ]- (3) Medical Report(s), Record(s) and Authorization(s): On or before sixty (60) days from the date hereof, a duly executed written authorization(s) shall be furnished by plaintiff, if applicable, for the following: (a)Physician, and/or hospital, pharmacy and/or autopsy records; (b) Employment and/or attendance records for the period two years prior to and one year after the date of the occurrence/accident; (c) No-fault file; (d) Diagnostic tests and films; (e) Collateral source authorizations / workers comp records; (f) W2 and/or tax return records for self-employed individuals (if there is a loss of wages claim) for the period of two years prior to and one year after the date of the occurrence/accident. 1 of 3 WV iD: QU OUN PK Oo: INDEX NO. 701269/2021 NYSCEF BOC. NO. 11 RECEIVED NYSCEF: 05/13/2021 (4) Physical Examinations: §(b) a) Examination(s) of plaintiff shall be noticed within twenty days of the completion of the laintiff's deposition and held within sixty days of the service of the notice. Pursuant to 22 NYCRR §202.17(b), at least twenty (20) days before such examination, plaintiff shall serve upon all other parties copies of the medical reports of those physicians who have previously treated or examined him/her. (c) Acopy of the examining physician's report shall be furnished to all parties within forty-five (45) days of the examination. (5) Depositions: (a) Examinations before trial for all parties/non-parties shall be conducted remotely at a mutually convenient time, or, if so agreed by the parties, in person at a mutually agreed location and time, within Ninety (90) days of this order. The parties shall produce all relevant books, papers, records, and other material for use at the deposition. The parties shall designate, in writing, at least ten (10) days prior to the examination before trial, any specific material which is necessary for use at the deposition. (b) Unless otherwise directed prior to the examinations before trial, attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall virtually communicate with the Preliminary Conference Justice, for a determination. (c) Once begun, a deposition shall continue until completed and shall not be adjourned without further order of the Court. (d) The transcript of an examination before trial shall be delivered to the party deposed within thirty (30) days of the deposition, and shall be returned, duly executed, pursuant to CPLR § 3116. (e) Subpoenas for the examination before trial of any non-party witness shall be served no later than 45 days after the completion of party depositions, provided such witness is known by completion of party depositions, and if not known at that time, within 45 days of first disclosure or identification of such witness or within the discretion of the Court. (f) Defendant's right to a further deposition of plaintiff is reserved as to any new injuries or damages claimed in any supplemental Bill of Particulars served by plaintiff following the plaintiff's deposition. (g) Any deposition which is not held as scheduled in this Order must be promptly rescheduled for a date which is not later than 30 days after the original date. Only one such adjournment is permitted without further Court approval. (6) Other Disclosure: (a) Within ninety (90) days from the date hereof, all parties shall exchange names and addresses of all witnesses, and shall exchange statements of opposing parties and photographs, or, if none, shall provide an affirmation to that effect. (b) All parties shall exchange information relating to expert witnesses in compliance with CPLR §3101(d)(i). (c) Medicare Liens: If plaintiff is a medicare recipient or eligible, plaintiff shall, within ninety (90) days, provide defendant(s) with the details of said lien(s), or if unknown, copies of correspondence to Medicare, evidencing plaintiff's efforts to determine the outstanding claim against said plaintiff/beneficiary, should one exist. (d) Additional Disclosure Issues: the parties shall produce the following within forty-five (45) days, if applicable: (1) Maintenance and repair records for (2) two years prior to and including the date of the occurrence, (2) Contracts and all related contract documents (i.e. Progress Reports) for two years prior to and including the date of the occurrence. ‘e) Demands for documents shall be served within 30 days and shall be responded to within 30 days from service, 2 of 3 WV iD: QU OUN PK Oo: INDEX NO. 701269/2021 NYSCEF BOC. NO. 11 RECEIVED NYSCEF: 05/13/2021 (7) Impleader: All third-party actions shall be commenced within sixty (60) days of the last deposition. Joinder of a third-party action beyond this date without leave of Court may result in a severance. (8) Compliance Conference: (a) Unless a Note of Issue/Certificate of Readiness shall have been filed prior thereto, counsel for all parties shall submit a Compliance Conference Stipulation and Order by email to the Compliance Conference/Settlement Part on [ 08/12/2021 }. The Order can be found on the Court's website or by clicking here: https://www.nycourts,gov/LegacyPDFS/COURTS/11jd/supreme/civilterm/bar_notice.pdf (b) Filing of a Note of Issue priorto the Compliance Conference must include a written stipulation fully executed by all parties acknowledging that all discovery has been completed. Failure to comply with this provision will result in vacatur of the prematurely filed Note of Issue. (c) Copies of medical reports and pleadings shall be available for review at the Compliance Conference and appearing attorneys must be knowledgeable about the case and be prepared to discuss settlement at that time. (9) ADR: Parties are encouraged to utilize Alternative Dispute Resolution to resolve the action as early and as efficiently as possible. Information regarding ADR can be found HERE and by contacting Linda Dardis, Esq., ADR Coordinator, at Idardis@nycourts.gov. (10) Summary Jury Trials: Parties are encouraged to consider a summary jury trial and shall notify the Court within Ninety (90) days from the date hereof, if a Summary Jury Trial is requested. (11) Motions for Summary Judgment: Pursuant to CPLR Rule 3212(a), any motion for summary judgment shall be made within one hundred twenty (120) days of the filing of the Note of Issue absent the LA, Judge’s Part Rules to the contrary or further Order of the court. Motions made before the filing of the Note of Issue do not stay discovery. (12) Stipulations of settlement or discontinuance are to be filed by defendant, pursuant to 22 NYCRR 202.28, with the County Clerk, within twenty (20) days of such discontinuance. A copy of the stipulation shall also be emailed to the |.A. Part. (13) Trial Authorizations: Properly executed HIPPA-compliant authorizations shall be served on all defendants by plaintiff within ninety (90) days of the filing of the Note of Issue. No discovery motion shall be made without a good faith attempt by the parties to resolve the dispute. If the dispute is not resolved, the party seeking discovery shall request a virtual conference with the Preliminary Conference Part. If the conference does not resolve the dispute, a motion may be filed. An Affirmation from the movant that a good faith effort was made to resolve the discovery dispute and that a conference with the Preliminary Conference Part was requested and held or denied, must accompany the motion. Absent good cause, non-compliance with this Order, including the failure to raise discovery problems in advance of deadlines, 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 a pleading, costs, sanctions and attorney’s fees and it is further; ORDERED that except for Paragraph 5(g) set forth above, the dates in this Order may not be extended without advance approval by the Court. Stipulations, unless ‘So Ordered’ by the Court, will not be honored. SO ORDERED: CM" }—, Date: 05/13/2021 MOJGAN COHANIM LANCMAN, J.S.C. 3 of 3