Preview
INDEX NO. 722570/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY
DIFFERENTIATED CASE MANAGEMENT PROGRAM
PRESENT: MOJGAN C. LANCMAN, Justice Preliminary Conference Part
Index Number.: :
. 722570/2023
MOURINO, LAURA
PLAINTIFF,
Vv.
CITY OF NEW YORK et al
DEFENDANT.
CASE SCHEDULING ORDER - CITY CASES
A Request for Judicial Intervention and a request for a Preliminary Conference having been filed, or the
court having acted on its own initiative,
IT IS HEREBY ORDERED that this case is designated a Standard matter pursuant to Uniform Rule
§202.19(b) and disclosure not already furnished shall proceed in accordance with the deadlines set forth below.
However, a party claiming to be prejudiced by this Order may seek a modification of the Standard matter
designation or the schedule by contacting the Compliance Conference Part, by phone 718-298-1089, within
20 DAYS FROM_THE DATE OF THIS ORDER. The Compliance Coordinator will provide an opportunity to
the parties to be heard on the request at a court conference and the court will take such action as is appropriate.
Failure to contact the Case Management Coordinator in a timely manner shall constitutes waiver of any objection to
the designation or schedule. The parties shall not contact the Justice assigned; and it is further ORDERED:
1 Notification: Pursuant to the Administrative Rules of the Queens County Supreme Court, all tort matters
are to be e-filed. After this Case Scheduling Order has been signed, it will be posted to the New York State
Courts Electronic Filing System (“NYSCEF”). All counsel are expected to monitor the NYSCEF docket and
their e-mail addresses for access to this Order and other e-filings in the case. In a hard copy case, counsel for
the plaintiff shall within 20 days of the filing of the RJI, 1) obtain a copy of this order from the Queens
County Clerk; 2) serve a hard copy of the same on all counsel and self-represented litigants; and 3) file proof
of service with the Queens County Clerk. In an e-filed case in which at least one party is exempt from e-
filing, counsel for the first-named participating plaintiff or, if there is none, the first-named_participating
defendant shall, within ten days after the e-filing of this Order, serve a hard copy on all exempt counsel and
self-represented parties and shall e-file proof of such service.
Insurance Coverage: The defendant City of New York and any other defendant represented by Corporation
Counsel are uninsured. All defendants (if applicable), excluding the City, shall furnish to all parties evidence
of primary and excess coverage and Certificate of Insurance within 30 days from the date of this Order.
Bill of Particulars: If not previously served, plaintiff is to serve all parties with a Bill of Particulars within 30
days of this Order. Any party seeking additional particulars (including as to affirmative defenses, if any) shall
serve a Demand for a Bill of Particulars within 21 days from the date of this Order. The party receiving the
Demand shall serve a Verified Bill of Particulars within 60 days from the date of this Order.
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Me Records and Autho tions:
(a) Plaint shall provi thorizations to obtain copies of the actual records of all treating and examining
health care providers, including diagnostic tests, x-rays, MRIs, EMGs, and CT Scans, for injuries specified in
the Bill of Particulars, within 30 days from the date of this Order.
(b) Plaintiff(s) shall provide an authorization for collateral source information, if any, within 30 days from the
date of this Order.
(c) If plaintiffis claiming a loss of income or wages, within 30 days from the date of this Order, plaintiff shall
provide authorizations for W-2 forms or employment records for the year of, year before and year after the date
of the alleged accident, as well as for the period of time lost from work as a result of the alleged accident, or IRS
records if provided by law.
(d) If plaintiff was a student at the time of the alleged accident, within 30 days from the date of this Order,
plaintiff shall provide an authorization for school attendance records for the period of time lost from school
as a result of the alleged accident.
(e) For cases alleging police misconduct including false arrest, malicious prosecution or excessive force, all
records maintained by law enforcement agencies, criminal courts, and/or District Attorney’s offices in relation
to the underlying incident are hereby unsealed, and all governmental agencies, bodies and employees having
custody of any records are permitted to release such records to the Office of the Comptroller or the Office of
the Corporation Counsel of the City of New York, or its authorized agent or employee. This Order specifically
authorizes the New York City Police Department; the relevant District Attorney’s Office; the relevant New
York State Supreme Court, Criminal Term; and the relevant New York City Criminal Court to disclose any
and all records in their pos: on relating to the underlying arrest and/or prosecution to the Office of the
Corporation Counsel of the City of New York, or its authorized agent or employee Corporation Counsel of
the City of New York shall provide copies of such records to the plaintiff within 30 days of receipt.
5. Depositions:
(a) The depositions of all parties shall take place on 05/09/2024 piaintiff is to contact the Office of the
Corporation Counsel for the location of the depositions, which are to be conducted remotely during the
pendency of the pandemic, or in-person at the Office of Corporation Counsel, 89-17 Sutphin Boulevard, 4"
Floor, Jamaica, New York 11435 once such office has been reopened for this purpose. Absent prior court
approval, any EBT which is not held as scheduled in this Order must be promptly rescheduled for a date which
is not later than 60 days after the original date.
(b) Defendant(s)' right to a further deposition of plaintiff(s) is reserved as to any new injuries or damages
claimed in any Supplemental Bill of Particulars served by plaintiff(s) following pape 's deposition.
(c) Defendant(s) waive(s) the right to a General Municipal Law §50-h hearing. no
6. Physical Examination
(a) A physical examination of the plaintiff(s) shall be noticed within 60 days after the completion of the
examination before trial of the plaintiff(s) and conducted within 60 days of such notice
(b) A copy of the physician's report shall be furnished to plaintiff(s) within 45 days after the examination.
(c) Defendant(s)’ right to a further physical examination is reserved as to any new injuries claimed in any
Supplemental Bill of Particulars served by plaintiff(s)
7. Other Disclosure:
(a) All parties shall provide the names and addresses of any witnesses to the occurrence and notice witnesses:
accident reports; party statements; photographs; and video footage taken in the ordinary course of business and/or
to be presented at trial, within 90 days from the date of this Order.
(b) All parties shall supply expert witness disclosure pursuant to the CPLR.
(c) All defendants other than those listed in Item 7(d) shall, within 90 days from the date of this Order, provide
to all parties copies of maintenance and repair records for 2 years prior to and including the date of the
occurrence.
(d) The City of New York and/or other defendants represented by Corporation Counsel, if any, shall provide the
following Additional Disclosure to all parties within 90 days from the date of this Order, subject to the date and
location specified in the notice of claim:
Slip and Fall Cases (Department of Sanitation):
i District Operation Log (carting book) for period of two weeks prior to and including the date of
occurrence;
ii District Snow Operation Book for the above period of time:
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iii Snow Removal Operation Report (SR-2) and spreading or plowing operation card for the above period
of time, if the occurrence took place in the roadway.
Trip and Fall Cases (Department of Transportation)
i Applications for permits and permits for 2 years prior to, and including, the date of occurrence:
ii. Cut forms, repair orders and repair records for 2 years prior to, and including, the date of occurrence;
iii. Violations issued for 2 years prior to, and including, the date of occurren
iv. A copy of the title and signature pages, and insurance declaration sheets and/or certificates, for all
contracts in effect for two years prior to, and including, the date of occurrence;
y. Contracts and all related contract documents (i.e. progress reports) for two years prior to, and including, the
date of occurrence will be made available for inspection and copying at either the Office of the Corporation
Counsel designated by said Counsel, or the appropriate City agency, upon a mutually convenient appointment
but in no event more than 90 days hereafter or after a subsequent request for same by plaintiff:
vi. Complaints made for 2 years prior to, and including, the date of occurrence:
vii. A copy of the most recent Big Apple Pothole and Sidewalk Protection Corporation map filed for the area in
issue and, if the incident at issue occurred six months or less after the filing of the most recent such map, then
the City shall also produce the last such map filed before the most recent such map for that location
Trip and Fall Cases (Tree Well) (Department of Parks)
Applications for permits and permits for2 years prior to, and including, the date of occurrence:
i . Repair orders and repair records for 2 years prior to, and including, the date of occurrence:
iii. Violations issued for 2 years prior to, and including, the date of occurrence:
iv. Complaints made for 2 years prior to, and including, the date of occurrence
Cases involving allegations of defective traffic signals (DOT):
i Maintenance and repair records for 30 days prior to, and including, date of occurrence:
ii. Complaints made for 30 days prior to, and including, date of occurrence:
iii. The name and addresses of the contractor responsible for maintenance of the traffic signals on date of the
occurrence
iv. A copy of title and signature pages, and insurance declaration sheets and/or certificates, for all contracts in
effect for two years prior to, and including, the date of the occurrence:
v. Contracts and all related contract documents (i.e., progress reports) for two years prior to, and including,
the date of the occurrence will be made available for inspection and copying at cither the Office of the
Corporation Counsel designated by said Counsel, or the appropriate City agency, upon a mutually
convenient appointment, but in no event more than 90 days hereafter or after a subsequent request for same
by plaintiff.
Cases _ involving allegations of police misconduct
The City will provide the following within 90 days from the date of this order or within 60 days of receipt of
the records as outlined in Section 4(e):
i Complaint Report;
ii. Complaint Follow Up Report(s);
iti. Arrest Report:
iv. Memo Book entries for incident in question:
On-line Booking Sheet;
vi. Copies of the applicable Patrol Guide shall be made available by the City for inspection and copying
within 90 days from the date of this Order;
vii. Copies of all 911 tapes, if still in existence, and all sprint printouts for any 911 calls and radio
transmissions related to the events of the action.
Inmate assault cases (Department of Correction):
i. Department of Correction incident report, subject to redaction of privileged information, including any
information regarding criminal acts of other inmates and/or personal information regarding DOC employees;
Injury to inmate report (within 90 days after receipt of an authorization from plaintiff);
In camera review of redactions to be made upon request of plaintiff's attorney.
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Premises Liability Cases:
i. Departmental accident/incident report from respective City agency;
ii. For non-transitory conditions (including recurrent condition), maintenance and repair records and written
complaints regarding the condition complained of for 18 months prior to and including the date of occurrence;
iii. For transitory conditions, maintenance records and written complaints regarding the condition complained
of for one month prior to and including the date of the occurrence;
iv. If applicable, lease and/or sublease for the City-owned building.
Department of Education Cas
i. Department of Education Comprehensive Accident Report for the occurrence, subject to redaction of privileged
information pursuant to the Family Education and Privacy Act, 20 U.S. Code Ch. 31. Extent and nature of the
redaction, if questioned, are subject to motion under the statute;
ii. Witness statements, subject to redaction of privileged information pursuant to the Family Education and Privacy
Act. Extent and nature of the redaction, if questioned, are subject to motion under the statute;
iii. For non-transitory conditions (including recurrent conditions), maintenance and repair records, written
complaints and, to the extent applicable, related contracts for the situs of plaintiff's accident, regarding the
condition complained of for 18 months prior to, and including, the date of occurrence.
iv. For transitory conditions, maintenance records and written complaints regarding the condition complained
of for two months prior to, and including, the date of the occurrence.
v. Defendants shall furnish to the court the records for all students alleged to be involved in an incident/accident
for an in camera inspection within 60 days from the date of this Order.
Motor vehicle accidents involving City-owned vehicles:
i. Departmental Accident Report from respective City agency;
ii. Maintenance and repair records for the department vehicle involved for one year prior to, and including, the
date of the occurrence, if a vehicular defect is alleged in either the departmental accident report or the MV-
104;
iii. Photos of damage to City vehicle;
iv. Record regarding post-accident repairs shall be supplied by the City unless determined by the court not to be
relevant an issue in the case.
Department of Environmental Protection Cases:
i. Accident/Incident report for the occurrence, including any photos;
i Applications for permits and permits for two (2) years prior to, and including, the date of occurrence;
iii. Repair orders for two (2) years prior to, and including, the date of occurrence;
iv. Complaints made for two (2) years prior to, and including, the date of occurrence.
7. Other Disclosure (CONTINUED):
(c) Surveillance videos to be provided in accordance with CPLR §3101(i).
() Any party who wishes to obtain prior notices of claim, pursuant to GML §50-g, may do so by
contacting the Division Chief of Claims Support at (212) 669-4118 to set up an appointment to search the index
maintained at 1 Centre Street, New York, New York.
(g) The New York City Police Department no longer maintains MV-104s beyond 30 days for accidents
occurring after April 15, 1995.
(h) All searches shall be conducted based upon the date and location as described in the notice of claim.
8. Third-Party Actions/Impleader: Shall be completed within 60 days of the last Examination Before
rial,
9. Compliance Conference: A Compliance Conference Order will be automatically generated by the
assigned Compliance Conference/Settlement Part on [ 06/17/2024 ]. The So-Ordered Compliance
Conference Order will be forwarded to the County Clerk. A copy of the Order can be obtained via
NYSCEF (if it is an e-filed case) or from the County Clerk (if it is a non-efiled case). No appearance is
required,
10. Note of Issue Date: Shall be filed upon the completion of all discovery.
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11 Plaintiff shall, within 15 days after the Note of Issue is filed and request from defense counsel is received,
provide HIPAA-compliant authorizations to defense counsel for medical records, to be attached to subpoenas
directing that those records be sent to the courthouse.
12 Summary Judgment Motions: Shall be filed no later than 90 days after filing of the Note of Issue unless
otherwise directed by the court.
13. Summary Jury Trials: Parties are encouraged to consider a Summary Jury Trial or a Summary Bench
Trial. Procedures for each these trials are posted on the Queens Supreme Court, Civil Term website,
under ‘Part Rules’ at: https://ww2.nycourts.gov/summary-jury-trial-1 1jd-queens-supreme-civil-31151
and _https://ww2.nycourts.gov/summary-bench-trials-1 1-jd-queens-civil-supreme-3 1086
14. ADR: Parties are encouraged to utilize one of the various Alternative Dispute Resolution (ADR)
options available to resolve the matter as early, equitably and efficiently as possible. Information
regarding ADR
can be obtained by contacting Linda Dardis, ADR Coordinator, at gscadr@nycourts.gov.
This Case Scheduling Order supersedes any and all prior combined demands, Notices of Discovery
and Inspection, and discovery orders and is the singular governing discovery order to date.
If disputes arise about compliance with this Order, the parties shall promptly confer in an effort to resolve
them. 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 Compliance Conference Part (not the assigned
Justice),
who will schedule a conference shortly thereafier to resolve the dispute. The parties may adjourn the deadlines
set forth in Items 5 through 8 above provided that all disclosure called for by this Order shall be furnished
prior to the compliance conference set forth in Item 9. The date of the Compliance Conference will
normally
not be adjourned, and any adjournment requires advance permission of the court. 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 discovery, preclusion, dismissal, striking of
an answer, costs, sanctions, and attorney's fees.
Dated: 01/17/2024 >
MOJGAN C. LANCMAN
IS.C,
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