On May 10, 2023 a
PRELIMINARY CONFERENCE ORDER (PROPOSED)
was filed
involving a dispute between
Kevin Conkling,
and
Adelphi University,
The Whiting-Turner Contracting Company,
for Torts - Other Negligence (Construction site)
in the District Court of Suffolk County.
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SUPREME COURT
COUNTY OF SUFFOLK
DIFFERENTIATED CASE MANAGEMENT - JUSTICE PART
x INDEX 611883/2023
-.........__.......---..---.------.......-.................__. NO.
KEVIN CONKLING
PRELIMINARY CONFERENCE
Plaintiff(s), STIPULATION AND ORDER
- against -
(Sections 202.2 and 202.12
of the Uniform Rules)
THE WHITING-TURNER CONTRACTING COMPANY, et al.
Defendant(s).
.-.---_.......................................-----_.--.______ X
All items on the form must be completed unless inapplicable.
It is hereby STIPULATED and ORDERED:
Thewithin Action is hereby designated as STANDARD and thus subject tothe 12 month disclosure
time limitations period applicable thereto (22 NYCRR 202.19).
Disclosure shall proceed as follows:
1. Insurance Coverage (CPLR 3101 (f)): If not already provided, shall be furnished by
defendants on or before December 27, 2023
2. Bill of Particulars:
a. Demand for a bill of particulars shall be served by Already completed.
on or before .
b. Bill of particulars shall be served by Already completed,
on or before .
3. Medical Reports and Authorizations shall be served as follows:
Plaintiff to serve all reports/authorizations within 30 days to the extent not
already provided.
4. Physical Examination:
a. Examination of plaint-iff shall be held
within 30 days of completion of plaintiff's deposition
b. A copy of the physician's report shall be fumished to plaintiff(s) within 45 days of the
examination.
5. Depositions:
Deponent Date and Time Place
Plaintiff 02 /29 / 7074 virtually
ngf enannt-c -03-/-07 / 7074 virtually
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.
6. All Other Disclosure:
(a) All parties, on or before December 27, 2023shall 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.
plaintiff(s)'
(b) Authorizations for employment records for the period ONE(1) year prior to present
shall be furnished on or before 12/ 27 / 2023 . date.
31-0131.01makd
c. Demand for discovery and inspection shall be served by ALL PARTIES on or before
per CPLR . The items sought shall be produced to the extent not objected to, and objections, if any, shall
be stated on or before PER CPLR
d. Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR
3101 (g) by defendants within 30 days to the extent not already provided.
e. Other (Interrogatories, etc.)
f. Plaintiff shall provide authorizations for the following collateralsource providers (CPLR4545)within
30 days: medicare, workers if any. .
compensation, SSI,
7. Impleader Motion(s) to amend the pleadings or to add parties shall be completed on or before
8. Compliance Conference shall be held on (Control Date).
9. End Date for All Disclosure, other than expert disclosure, shall be held on .
10. Expert Disclosure shall be provided by all parties pursuant to CPLR 3101.
11. Any Dispositive Motion(s) shall be made pursuant to CPLR 3211 and 3212, pursuant to applicable
provisions of the CPLR.
12. The Note of Issue/Certificate of Readiness shall be filed pursuant to the Order of the IAS Judge.
13. The parties shall ensure that a Stipulation of Discontinuance 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
authorized by law.
Attorney for Plaintiff(s) Attomey for Defendant(s)
Law Office of Steven R. Vaccaro, PC Rarry McTi arnan & Mnne, T
118-35 Queens Blvd., Ste 1515 101 Greenwi ch 14th Fl.
straar,
Farac:r Mi l l a , 11 375 New York, N.Y. 10006
N Y
718-575-4075; Attn: Steven R. Vaccaro, Esq. (212) 313-3600; Attn: Alex Malino, Esq.
Attomey for rq y, t gf Attorney for rY4 *4"6-T''
antr*+4ng and
Adelphi University
Attomey for Attorney for
Dated:
SO ORDERED:
n-o ·oum J.S.C.
ADDITIONAL DIRECTIVES
In addition to the directives set forth on the annexed pages, it is further ORDERED as follows:
Dated:
SO ORDERED:
J.S.C.
314131..
IWBOcb
Category
Torts - Other Negligence (Construction site)
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SUPREME COURT COUNTY OF SUFFOLK DIFFERENTIATED CASE MANAGEMENT - JUSTICE PART x INDEX 611883/2023 -.........__.......---..---.------.......-.................__. NO. KEVIN CONKLING PRELIMINARY CONFERENCE Plaintiff(s), STIPULATION AND ORDER - against - (Sections 202.2 and 202.12 of the Uniform Rules) THE WHITING-TURNER CONTRACTING COMPANY, et al. Defendant(s). .-.---_.......................................-----_.--.______ X All items on the form must be completed unless inapplicable. It is hereby STIPULATED and ORDERED: Thewithin Action is hereby designated as STANDARD and thus subject tothe 12 month disclosure time limitations period applicable thereto (22 NYCRR 202.19). Disclosure shall proceed as follows: 1. Insurance Coverage (CPLR 3101 (f)): If not already provided, shall be furnished by defendants on or before December 27, 2023 2. Bill of Particulars: a. Demand for a bill of particulars shall be served by Already completed. on or before . b. Bill of particulars shall be served by Already completed, on or before . 3. Medical Reports and Authorizations shall be served as follows: Plaintiff to serve all reports/authorizations within 30 days to the extent not already provided. 4. Physical Examination: a. Examination of plaint-iff shall be held within 30 days of completion of plaintiff's deposition b. A copy of the physician's report shall be fumished to plaintiff(s) within 45 days of the examination. 5. Depositions: Deponent Date and Time Place Plaintiff 02 /29 / 7074 virtually ngf enannt-c -03-/-07 / 7074 virtually 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. 6. All Other Disclosure: (a) All parties, on or before December 27, 2023shall 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. plaintiff(s)' (b) Authorizations for employment records for the period ONE(1) year prior to present shall be furnished on or before 12/ 27 / 2023 . date. 31-0131.01makd c. Demand for discovery and inspection shall be served by ALL PARTIES on or before per CPLR . The items sought shall be produced to the extent not objected to, and objections, if any, shall be stated on or before PER CPLR d. Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR 3101 (g) by defendants within 30 days to the extent not already provided. e. Other (Interrogatories, etc.) f. Plaintiff shall provide authorizations for the following collateralsource providers (CPLR4545)within 30 days: medicare, workers if any. . compensation, SSI, 7. Impleader Motion(s) to amend the pleadings or to add parties shall be completed on or before 8. Compliance Conference shall be held on (Control Date). 9. End Date for All Disclosure, other than expert disclosure, shall be held on . 10. Expert Disclosure shall be provided by all parties pursuant to CPLR 3101. 11. Any Dispositive Motion(s) shall be made pursuant to CPLR 3211 and 3212, pursuant to applicable provisions of the CPLR. 12. The Note of Issue/Certificate of Readiness shall be filed pursuant to the Order of the IAS Judge. 13. The parties shall ensure that a Stipulation of Discontinuance 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 authorized by law. Attorney for Plaintiff(s) Attomey for Defendant(s) Law Office of Steven R. Vaccaro, PC Rarry McTi arnan & Mnne, T 118-35 Queens Blvd., Ste 1515 101 Greenwi ch 14th Fl. straar, Farac:r Mi l l a , 11 375 New York, N.Y. 10006 N Y 718-575-4075; Attn: Steven R. Vaccaro, Esq. (212) 313-3600; Attn: Alex Malino, Esq. Attomey for rq y, t gf Attorney for rY4 *4"6-T'' antr*+4ng and Adelphi University Attomey for Attorney for Dated: SO ORDERED: n-o ·oum J.S.C. ADDITIONAL DIRECTIVES In addition to the directives set forth on the annexed pages, it is further ORDERED as follows: Dated: SO ORDERED: J.S.C. 314131.. IWBOcb