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SUPREMECOURT 342 M-1767 Rev. 05/21 Page I
SUPREME COURT COUNTY OF NASSAU
IAS JUSTICE HON. Lisa A. Cairo
INDEX NO. 607676/2023
ROBIN ELLIS
Preliminary Conference
Plaintiff(s) Stipulation and Order
against (sections 202.8 & 202.I2 & 202.19
of the Uniform Rules)
THE VILLAGE OF ROCKVILLE CENTRE
and MICHAEL E. OSWALD
Defendant(s) Discovery Track: E S C
X
.... - ..... . ...... .... .. . .................. ... . . . ....
(All items on the form must be completed unless inapplicable.)
It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows:
Insurance Coverage (CPLR 3101 If not already shall be furnished Defendants
(1) (f) provided, by
On Of befOre 10/18/23(inc aff of no excessif appUc.)
(2) Bill of Particulars:
(a) Demand for a Bill of Particulars shall be served by on or before .
Bill of Particulars shall be served Defendants (as to aff defenses) on or before /9/18/23
(b) by
(3) Medical Report and Authorizations:
Shall be served as follows: As applicable and to the extent not already provided, Plaintiff shall provide
AZs for all treatment resulting from the 4/29/22 MVA. + ocoor,w V- & 22
(4) Physical Examination:
of Plaintiff shall be held w/in 45 days
(a) Examination
after completion of PIsintiff's EBT
.-r gof o
45
(b) A copy of the physician's report shall be furnished to plaintiff(s) within days of
The examination.
(5) Depositions:
Deponent Date and Time Place
Plaintiff 12/05/23 at 10:30 AM Virtually or as agreed upon
Defendants 12/D8/23 at 10:30 AM Virtually or as agreed upon
parties'
If one deposition fails to take place as scheduled, the remaining depositions shall nonetheless proceed
as Scheduled, except that priorities between defendants and plaintiffs shall be preserved.
SUPREMECOURT 342 M-1767 Rev. 0s/21 Page 2
(6) Other Disclosure:
10/18/23
(a) All parties, on or before , shall exchange names and addresses of all eyewitnesses and
notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to
that effect.
Z4M -
r/-U£,g
(b) Authorizations for plaintiff(s) employment records for the period shall be furnished on
or before PT"Ia" P="
'3eAgµ
M"^ W¹° /'tperrrsm
3cMet,
8-e /r*
all parties as per CPLR
(c) Demand for discovery and inspection shall be served by on or before
The items sought shall be produced to the extent not objected to, and objections, is any, shall be stated
on or before as per CPLR
(d) Accident reports prepared in the regular course of business shall be exchanged pursuant to
CPLR 10/18/23
3101(g) by
(e) Other interrogatories (CPLR 3130, 3101(d), etc.):
Defendants'
Any nutstanrfing dimenvery, inchiding responses to Plaintiffs enmbined demands
and RP of affirmative rlefenses, to he provided $4/18/¿3 /°A 2 ¾iv/M #2 ? /
jk g g, p½T r ^d ev? f&uw l0 #pyfuvW
hy
F r-¾W 1% A3 35¯/ Lu m Kc
All such disclosure, unless otherwise noted herein, shall be completed by
1 sm /* ½f
(f) Plaintiffshall provide authorizations for the following collatera soÎÉ·Ee p,Ofiifer f L 7545) n
3.0.___days as applicable, in extent not afrandy provided _ ..
ft -re, g.ssper -ga A: twyte.s. 8,< p-n Aarge /vje 2 2 3./ 2, µ - .
(7) The parties shall ensure that a stipulation ofdiscontinuance shall be promptly filed if the case settles before
the next meeting with the Court. Failure to comply with any of these directions may result in the imposition
of costs or sanctions or other action authorized by law.
(8) Motion: any dispositive motion(s) (CPLR 321 I and 3212) shall be made on or before .
(9) Impleader Motion(s) to amend the pleadings or to add parties: shall be completed on or before
.
(10) End Date for all Disclosure:
Choose One: shall be held on (To be set by Clerk)
(11)
I. Affirmation of Injuries: (if applicable)
The most serious injury alleged in this action is:
Right shoulder tear of the supraspinatus, snhscapularis anri infraspinatus portinns of the
cuff; Left shoulder labral tear; cervical spine disc herniations; lumbar spine disc bulges
(12) Summary Judgment Motions:
Pursuant to CPLR 3214(b), service of a Notice of Motion under rule 321I, 3212 or 3213 shall NOT stay
disclosure pending the determination of that motion.
sUPREME COURT342 M-1767 Rev. 05/21 Page 3
(13) ALTERNATE DISPUTE RESOLUTION:
All counsel are directed to participate in a settlement conference, which will be held on
, either virtually, with the assigned .)ustice (all parties will be sent a conference link
by chambers) or by telephone or in person. Counsel is directed to discuss with their client(s) any
alternative dispute resolution options available through the Court, which are as follows: (i) a settlement
conference; (ii) participation in a court alternative dispute resolution program, or (iii) alternative
dispute resolution offered by private entities.
By checking the box and typing the Attorney information below, each counsel certifies
that, pursuant to 22 NYCRR 202.11, he/she has conferred with opposing counsel and filed an
Attorney Good Faith ADR Certificate.
At the first mediation conference, counsel must be fully familiar with the case and authorized to enter
into a settlement agreement. Counsel is urged to have his or her client present at the settlement conference.
If, however, counsel's client is not able to appear, his or her client shall be available by telephone. It is
Important to note that participation in a mediation program does not waive any provisions within the
Preliminary conference order or any other time-lines pursuant to NYCRR 202.19.
(14) ORDERED, that all parties shall provide upon request of another party additional authorizations for
production of records maintained by health care providers and/or facilities.
(15) Note-By checking the box and typing the Attorney information represents, to the court, that the
Preparer obtained permission from that party to enter into this stipulation.
LLP Katherine A. SawickI, Esq.
2 Attorney/or Plaintiff(s):
Law Office of Cohen & Jaffe,
by
kas@cohenjaffe.com
Email address:
¡Attorney/or Plaintiff(s): by
Email address:
©"" William Esq.
Attorney/or Defendant(s): J.Croutier,
by
wjc@hocd.com
Email address:
Attorney/or Defendant(s): by
Email address:
Attorney/or Defendant(s): by
Email address:
DATED:
Mineola, NY
SO ORDERED:
J.S.C.
SupremeCourt 342 M-1767A Rev. 12/1In 1 Page 5
ADDITIONAL DIRECTIVES
In addition to the directives as set forth on the annexed pages, it is further ORDERED as follows:
a) Counsel shall contact the Court by conference call or appear for conference prior to making any
motions other than those for Summary Judgement. The failure to do so shall serve as the basis for a
denial of any motion not made in accordance with this directive.
OTHER ADDITIONAL DIRECTIVES (AS NEEDED)
Dated:
SO ORDERED:
J.S.C.
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SUPREMECOURT 342 M-1767 Rev. 05/21 Page I SUPREME COURT COUNTY OF NASSAU IAS JUSTICE HON. Lisa A. Cairo INDEX NO. 607676/2023 ROBIN ELLIS Preliminary Conference Plaintiff(s) Stipulation and Order against (sections 202.8 & 202.I2 & 202.19 of the Uniform Rules) THE VILLAGE OF ROCKVILLE CENTRE and MICHAEL E. OSWALD Defendant(s) Discovery Track: E S C X .... - ..... . ...... .... .. . .................. ... . . . .... (All items on the form must be completed unless inapplicable.) It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: Insurance Coverage (CPLR 3101 If not already shall be furnished Defendants (1) (f) provided, by On Of befOre 10/18/23(inc aff of no excessif appUc.) (2) Bill of Particulars: (a) Demand for a Bill of Particulars shall be served by on or before . Bill of Particulars shall be served Defendants (as to aff defenses) on or before /9/18/23 (b) by (3) Medical Report and Authorizations: Shall be served as follows: As applicable and to the extent not already provided, Plaintiff shall provide AZs for all treatment resulting from the 4/29/22 MVA. + ocoor,w V- & 22 (4) Physical Examination: of Plaintiff shall be held w/in 45 days (a) Examination after completion of PIsintiff's EBT .-r gof o 45 (b) A copy of the physician's report shall be furnished to plaintiff(s) within days of The examination. (5) Depositions: Deponent Date and Time Place Plaintiff 12/05/23 at 10:30 AM Virtually or as agreed upon Defendants 12/D8/23 at 10:30 AM Virtually or as agreed upon parties' If one deposition fails to take place as scheduled, the remaining depositions shall nonetheless proceed as Scheduled, except that priorities between defendants and plaintiffs shall be preserved. SUPREMECOURT 342 M-1767 Rev. 0s/21 Page 2 (6) Other Disclosure: 10/18/23 (a) All parties, on or before , shall exchange names and addresses of all eyewitnesses and notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to that effect. Z4M - r/-U£,g (b) Authorizations for plaintiff(s) employment records for the period shall be furnished on or before PT"Ia" P=" '3eAgµ M"^ W¹° /'tperrrsm 3cMet, 8-e /r* all parties as per CPLR (c) Demand for discovery and inspection shall be served by on or before The items sought shall be produced to the extent not objected to, and objections, is any, shall be stated on or before as per CPLR (d) Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 10/18/23 3101(g) by (e) Other interrogatories (CPLR 3130, 3101(d), etc.): Defendants' Any nutstanrfing dimenvery, inchiding responses to Plaintiffs enmbined demands and RP of affirmative rlefenses, to he provided $4/18/¿3 /°A 2 ¾iv/M #2 ? / jk g g, p½T r ^d ev? f&uw l0 #pyfuvW hy F r-¾W 1% A3 35¯/ Lu m Kc All such disclosure, unless otherwise noted herein, shall be completed by 1 sm /* ½f (f) Plaintiffshall provide authorizations for the following collatera soÎÉ·Ee p,Ofiifer f L 7545) n 3.0.___days as applicable, in extent not afrandy provided _ .. ft -re, g.ssper -ga A: twyte.s. 8,< p-n Aarge /vje 2 2 3./ 2, µ - . (7) The parties shall ensure that a stipulation ofdiscontinuance shall be promptly filed if the case settles before the next meeting with the Court. Failure to comply with any of these directions may result in the imposition of costs or sanctions or other action authorized by law. (8) Motion: any dispositive motion(s) (CPLR 321 I and 3212) shall be made on or before . (9) Impleader Motion(s) to amend the pleadings or to add parties: shall be completed on or before . (10) End Date for all Disclosure: Choose One: shall be held on (To be set by Clerk) (11) I. Affirmation of Injuries: (if applicable) The most serious injury alleged in this action is: Right shoulder tear of the supraspinatus, snhscapularis anri infraspinatus portinns of the cuff; Left shoulder labral tear; cervical spine disc herniations; lumbar spine disc bulges (12) Summary Judgment Motions: Pursuant to CPLR 3214(b), service of a Notice of Motion under rule 321I, 3212 or 3213 shall NOT stay disclosure pending the determination of that motion. sUPREME COURT342 M-1767 Rev. 05/21 Page 3 (13) ALTERNATE DISPUTE RESOLUTION: All counsel are directed to participate in a settlement conference, which will be held on , either virtually, with the assigned .)ustice (all parties will be sent a conference link by chambers) or by telephone or in person. Counsel is directed to discuss with their client(s) any alternative dispute resolution options available through the Court, which are as follows: (i) a settlement conference; (ii) participation in a court alternative dispute resolution program, or (iii) alternative dispute resolution offered by private entities. By checking the box and typing the Attorney information below, each counsel certifies that, pursuant to 22 NYCRR 202.11, he/she has conferred with opposing counsel and filed an Attorney Good Faith ADR Certificate. At the first mediation conference, counsel must be fully familiar with the case and authorized to enter into a settlement agreement. Counsel is urged to have his or her client present at the settlement conference. If, however, counsel's client is not able to appear, his or her client shall be available by telephone. It is Important to note that participation in a mediation program does not waive any provisions within the Preliminary conference order or any other time-lines pursuant to NYCRR 202.19. (14) ORDERED, that all parties shall provide upon request of another party additional authorizations for production of records maintained by health care providers and/or facilities. (15) Note-By checking the box and typing the Attorney information represents, to the court, that the Preparer obtained permission from that party to enter into this stipulation. LLP Katherine A. SawickI, Esq. 2 Attorney/or Plaintiff(s): Law Office of Cohen & Jaffe, by kas@cohenjaffe.com Email address: ¡Attorney/or Plaintiff(s): by Email address: ©"" William Esq. Attorney/or Defendant(s): J.Croutier, by wjc@hocd.com Email address: Attorney/or Defendant(s): by Email address: Attorney/or Defendant(s): by Email address: DATED: Mineola, NY SO ORDERED: J.S.C. SupremeCourt 342 M-1767A Rev. 12/1In 1 Page 5 ADDITIONAL DIRECTIVES In addition to the directives as set forth on the annexed pages, it is further ORDERED as follows: a) Counsel shall contact the Court by conference call or appear for conference prior to making any motions other than those for Summary Judgement. The failure to do so shall serve as the basis for a denial of any motion not made in accordance with this directive. OTHER ADDITIONAL DIRECTIVES (AS NEEDED) Dated: SO ORDERED: J.S.C.