Preview
(FILED: NEW YORK COUNTY CLERK 0172372024 02:42 PM INDEX NO. 805249/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
HEN AAUD UY VAT AYA UAE HS
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
xX HON. KATHY J. KING
LAUCELLA, GIUSEPPE TAS Part 06
Index No.: 805249/2023
DCM Track: Complex
Plaintiff(s) Preliminary Conference
Stipulation and Order
-against- For Medical, Dental and
Podiatric Malpractice
SHARMA M.D., SAMIN et al
Actions
Appearance No: 001
RJI Date: 9/18/2023
Defendant(s)
X
BREIF CASE DESCRIPTION
fads 4 ne Sf Fee 6dbinG Sod
APPEARANCES:
Plaintiff: AA, tr (ps ITC Lage 1G
Firm: " felty hE NG SL, Lt
By: Pur hed $y
Phone/Fax:* ZIF- V6 71-2412
Email:* Pek BD fatced Net (om
*not for service purposes
Pl of HO
1 of 10
= INDEX NO. 805249/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
(mT CHUTAVA CUO WOOO
TOL AU
NAME OF CASE; (AUGELLA, GIUSEPPE vs. SHARMAMO., SAMINet al TNDEX NO. 805249/2023 PAGE 2
Defendant 1 MCKUOR <= feta PO
Firm:
B
Phone/Fax:*
Email:* Couche wy iiller yer 2) mc F --@SG.OUW1
*not for service purposes
Defendant 2 Shahogc Shayeni Aad
Firm: ee muenuta F Caceean
By: Onn _&. lacane.
Phone/Fax:* SiG- 3 7S- dA%
Email:* laconé ASp5- lau. Com
*not for service purposes
Defendant 3
Firm:
By:
Phone/Fax:*
Email:*
*not for service purposes
If there are Defendants #4 or #5 or others in this case, please insert pages for additional
parties.
THIS ACTION having come on for a Preliminary Conference pursuant to Section 202.56
of the Uniform Rules of the New York State Trial Courts in order to establish a schedule for the
completion of disclosure and other related matters. The parties stipulate and it is hereby:
ORDERED that the action is entitles to a preference pursuant to CPLR 3403(A)(5), and it
is further
ORDERED that there is to be timely compliance with each of the items below within the
time set forth unless the time is extended by a ‘so-orderet OR court-approved written
stipulation,
P2 c€ 40
2 of 10
INDEX NO. 805249/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
Il HU VENOM HAE
NAME OF CASE; LAUCELLA, GIUSEPPE vs. SHARMA M.D.. SAMINetal INDEX NO. 805249/2023 PAGE 3
I. INSURANCE INFORMATION
Insurance coverage information shall be provided in writing with respect to each defendant for
all applicable periods within 30 (thirty) days as follows [check applicable spaces]
__ Primary Coverage, including insurance carrier, policy number(s) and policy
coverage periods;
__ Excess coverage, including insurance carrier, policy number(s) and policy
coverage periods; and
__ Declaration sheets.
IL. BILL OF PARTICULARS
(a) A further Verified Bill of Particulars shall be served upon each defendant within 2 (twenty)
days as to the following items: Ly
See poy %
(b) Defendant(s) shall serve upon plaintiff a Verified Bill of Particulars as to the affirmative
defenses and/or counterclaims in the Answer (when demanded) within 20 (twenty) days.
Tit. MEDICAL RECORDS AND AUTHORIZATIONS
(a) HIPAA-compliant medical authorizations, if not already provided with the Bill of
Particulars, shall be furnished to defendant(s) within 20 (twenty) days as to the following
healthcare providers;
\
S
(—
a a)
(b) Following plaintiffs deposition, plaintiff shall provide HIPAA-compliant authorizations
for appropriate records within 10 (ten) days of receipt of a written request from the
defendant(s).
(c) Medical records shall be furnished by the defendant(s) within 30 (thirty) days as follows
[check where applicable, and identify specifically]:
1. __ Office records, including reports and correspondence
2. __ Hospital chart.
3. __ Billing records.
4. __ Autopsy Report.
5. __ Radiology film/report.
6. __ Curriculum vitae of defendant(s)
7 __ Hospital rules and regulations.
8. __ Other.
¥ 3 of HO ?
3 of 10
INDEX NO. 805249/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
Ill Ill HUT AT AION NAL AN TAT
NAME OF CASE; |AUCELLA. GIUSEPPE vs. SHARMA M.D., SAMIN etal INDEX NO. 805249/2023 PAGE 4
(d) If a medical record to be supplied by a defendant is not available, within 30 (thirty) days,
an affidavit shall be supplied by defendant, or by a records custodian with personal
knowledge, which shall set forth a statement concerning the customary record-keeping
practices of the physician/hospital, and the date, nature and location of the search
conducted, including all efforts undertaken to locate such records.
(e) If the records described in paragraph (d) above are subsequently located, they shall be
promptly supplied to all parties. Any party who fails to produce such items more than 30
(thirty) days after they are located but, in any event, no later than 30 (thirty) days prior shall
be precluded from introducing the items into evidence unless good cause is demonstrated.
IV. DEPOSITIONS
* All dates listed below are dates certain and may NOT be adjourned unless the
time is extended by a “so-ordered” OR court-approved written stipulation.
* Inability to obtain medical records prior to the deposition dates shall NOT be
cause for adjournment of the deposition. If the records obtained reveal the need
for additional information, a further limited deposition may be held by
agreement of the parties or by Order of the Court.
(a) Dates:
Plaintiff(s) on or before ob i dA : M on” \ i Q09
Defendant S h OY (We on or before Un £ 2) Od Y
Defendant Shaw Qn onorbefore JU; 31, VOY
Defendant M Onw
t
Sing on or before Padgas $ 31, 90a4y
tt to dt Sl nae
Defendant on or before
an INSPAW
WihAss w/in Defendant on or before
4 Sa Auas Phare DEPOSITION OF EACH DEFENDANT SHALL BE CONDUCTED ON THE
DATE SET FORTH ABOVE EVEN THOUGH AN EARLIER SCHEDULED
DEPOSITION OR ANOTHER DEFENDANT WAS NOT CONDUCTED.
v4 oFHO
4 of 10
INDEX NO. 805249/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
HTD YAY TV AU EO UT
NAME OF CASE; LAUCELLA, GIUSEPPE vs. SHARMA M.D. SAMINet al INDEX NO. 805249/2023 PAGE 5
(b) Deposition of Institutional Defendant(s)
Within 30 (thirty) days after plaintiffs deposition, plaintiff shall serve upon counsel for any
institutional defendant(s) a demand for the identification of no more than 5 (five) health care
providers who are referred to, or made entries, in the medical records. Within 20 (twenty) days of
service of the demand, the institutional defendant(s) shall provide the full name and employment
status of each of these individuals, and, if not under the institution(s) control, the last known
address of each individual. Within 5 (five) business days thereafter, plaintiff shall designate the
first witness under the institution(s)’ control to be deposed and the institutional defendant(s) shall
produce said witness. Plaintiff shall then designate additional witnesses under the defendant(s)
control for the deposition within 5 (five) business days after said EBT. If the institutional
defendant(s) do not voluntarily produce the additional requested witnesses within 20 (twenty) days
of plaintiff's designation, plaintiff may seek an order compelling additional depositions pursuant
to statue.
All of these individuals shall be deposed on or before
(c) Non-Party Witness Depositions:
Plaintiff is to advise defendant(s) within 30 (thirty) days of this Preliminary Conference Order
whether the following non-party witnesses will be produced for deposition voluntarily, or whether
a subpoena will be necessary. If the latter, plaintiff is to provide the witnesses’ last known
addresses within 30 (thirty) days of this Stipulation and Order.
Name of Non- Party Witness:
Name of Non- Party Witness:
(d) Time and Place:
Plaintiff(s)’ deposition(s) shall be held at
commencing at (a.m.) (p.m.)
Defendant(s)’ deposition(s) shall be held as follows [List the time and place for each deposition]:
(e) Objections:
* ALL questions asked at any deposition must be answered UNLESS they (a) infringe upon
privilege, (b) bear SOLELY on the negligence of a co-defendant and NOT in any way on
the potential negligence of the deponent, or (c) are palpably irrelevant.
Ifa party makes an objection as to form, the objector shall immediately and succinctly
indicate the nature of the defect so as to permit correction. In any event, the witness shall
answer the question.
Depositions shal] not be interrupted for an attorney-deponent conference.
Ps oF KO
5 of 10
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
Il Il BUT ATQMIOIN HAAN A
NAME OF CASE; (AUCELLA, GIUSEPPE vs. SHARMA M.., SAMINet al INDEX NO. 805249/2023 PAGE 6
* Counsel for the deponent shall NOT engage in coaching during the deposition and shall
NOT suggest answers to questions (e.g. “If you know...”; “If you remember...”)
V. PHYSICAL EXAMINATIONS
Defendant(s) who wishes to conduct a physical or mental examination pursuant to CPLR 3121
shall designate in writing an examining physician or other specialist within 30 (thirty) days of
plaintiff's deposition. The examination of the plaintiff must be conducted at least 30 (thirty) days
before the filing of the Note of Issue.
Specialty: To be_Aekoc ming)
Defendant(s) shall serve upon all parties written reports of any examining physician within 60
(sixty) days after the examination, and at least 30 (thirty) days before trial. Pursuant to CPLR 3121,
plaintiff shall provide defendant(s) with a written report by any non-treating examining physician
within 60 (sixty) days after an examination, and at least 60 (sixty) days before trial.
VI. OTHER DISCLOSURE *
(a) Witnesses: Parties shall exchange names and addresses of all FACT WITNESSES concerning
liability and/or damages (other than expert witnesses) no later than 60 (sixty) days before trial.
Parties shall also exchange adverse party statements within that same period.
(b) Photographs and Videotapes: Parties shall exchange all photographs and/or videotapes
within 60 (sixty) days after their creation and/or availability but not less than 30 (thirty) days before
trial absent a showing of good cause.
(c) Employment: If loss of earnings is claimed, authorizations for plaintiff's employment records
(including W-2’s, 1099’s and/or income tax returns) for a period of __ years before the claimed
malpractice and-continuing to date, shall be provided within 30 (thirty) days.
(d) Collateral Sources: Plaintiff shall provide authorizations for the following collateral source
providers within 30 (thirty) days:
(e) Discovery Notices: Responses to the following outstanding Discovery and Inspection
Notices shall be furnished within 30 (thirty) days:
*This disclosure demand shall be considered ongoing and continuous. If requested items
subsequently become available, they are to be supplied immediately upon receipt of the same to
all parties to the action.
P G oe BO
6 of 10
INDEX NU. 805249 UZ3
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
HOUT
TOV AUT AY UAL WY
NAME OF CASE; LAvCELLA GIUSEPPEvs. SHARMA M.D., SAMINet al INDEX NO. 805249/2023 PAGE 7
VII. EXPERT EXCHANGE
Plaintiff shall serve a CPLR 3101(D) expert disclosure no later than 60 (sixty) days before
trial.
Defendant(s) shall serve a CPLR 3101(d) expert disclosure no later than 45 (forty-five)
days before trial.
VII. DEATH ACTIONS
In wrongful death actions, plaintiff shall provide the following when available within 30 (thirty)
days. If no currently available, then within 30 (thirty) days after receipt of the document: death
certificate, letters of administration or letters testamentary, marriage certificate, and authorization
for the autopsy reports.
IX. ADDITIONAL DIRECTIVES
DIGOWEE to (escort) ta NevencomiS Correspendence
fe Spend ta ECM OLS 9 Wer iZLticyys f “teadekenda
odyuarG If aoay (e£ Not Credit, (eCeivec Jovan)
VIERA eEAY AW LER Wy Tp +4 bo ¥eSoord Je
DIGQinh ees OVSSEONOIAG, Ut ISCCLOCY Nemends.
X. NOTE OF ISSUE: The Note of Issue and certificate of Readiness shall be filed on or before
XI. SUMMARY JUDGEMENT AND/OR OTHER DISPOSITIVE MOTIONS
Motions for Summary Judgement and/or other dispositive motions shall be made no later than 60
(sixty) days from the filing of the Note of Issue, unless the Court directs otherwise.
4, 0
Plier
7 of 10
INDEX NO. 805249/2023
(FILED: NEW YORK COUNTY CLERK 0172372024 @2:42 PM
Cag © o&
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024
UIUV TOY UY AURA UWA
NAME OF CAS UCELLA, GIUSEPPE vs, SHARMA M.D. SAMIN et al INDEX NO. 49/2023 PAGE 7
VII. EXPERT EXCHANGE
Plaintiff shall serve a CPLR 3101 xpert di osure no later than 60 (sixty) days before
trial
Defendant(s) shall serve a CPLR_3101(d) expi disclosure no later than 45 (forty-five)
days before trial.
VII. DEATH ACTI
In wrongful de: actions, plaintiff shall provide the following when available within 30 (thirty)
days. If no rrently available, then within 30 (thirty) days after receipt of the ument: death
certifi e, letters of administration or letters testamentary, marriage certificate, and authorization
for the autopsy reports.
IX. ADDITIONAL DIRECTIVES
(esponse bo Kh Srarma's Dmd dated 1/17] U
WhA bo hous lesa compliant @2¢
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Or Eady
Cones The Tear Nor altar po viatoat
X. NOTE OF “S]33)
The Note y Issue and certificate of Readiness shall be filed on or before
a3] 34
XI. SUMMARY JUDGEMENT AND/OR OTHER DISPOSITIVE MOTIONS
40
Motions for Summary Judgement and/or other dispositive motions shall be made no later than 8
(sixty) days from the filing of the Note of Issue, unless the Court directs otherwise.
8 of 10
INDEX NO. 805249/2023
pene cae /53
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Preview
(FILED: NEW YORK COUNTY CLERK 0172372024 02:42 PM INDEX NO. 805249/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 HEN AAUD UY VAT AYA UAE HS SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK xX HON. KATHY J. KING LAUCELLA, GIUSEPPE TAS Part 06 Index No.: 805249/2023 DCM Track: Complex Plaintiff(s) Preliminary Conference Stipulation and Order -against- For Medical, Dental and Podiatric Malpractice SHARMA M.D., SAMIN et al Actions Appearance No: 001 RJI Date: 9/18/2023 Defendant(s) X BREIF CASE DESCRIPTION fads 4 ne Sf Fee 6dbinG Sod APPEARANCES: Plaintiff: AA, tr (ps ITC Lage 1G Firm: " felty hE NG SL, Lt By: Pur hed $y Phone/Fax:* ZIF- V6 71-2412 Email:* Pek BD fatced Net (om *not for service purposes Pl of HO 1 of 10 = INDEX NO. 805249/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 (mT CHUTAVA CUO WOOO TOL AU NAME OF CASE; (AUGELLA, GIUSEPPE vs. SHARMAMO., SAMINet al TNDEX NO. 805249/2023 PAGE 2 Defendant 1 MCKUOR <= feta PO Firm: B Phone/Fax:* Email:* Couche wy iiller yer 2) mc F --@SG.OUW1 *not for service purposes Defendant 2 Shahogc Shayeni Aad Firm: ee muenuta F Caceean By: Onn _&. lacane. Phone/Fax:* SiG- 3 7S- dA% Email:* laconé ASp5- lau. Com *not for service purposes Defendant 3 Firm: By: Phone/Fax:* Email:* *not for service purposes If there are Defendants #4 or #5 or others in this case, please insert pages for additional parties. THIS ACTION having come on for a Preliminary Conference pursuant to Section 202.56 of the Uniform Rules of the New York State Trial Courts in order to establish a schedule for the completion of disclosure and other related matters. The parties stipulate and it is hereby: ORDERED that the action is entitles to a preference pursuant to CPLR 3403(A)(5), and it is further ORDERED that there is to be timely compliance with each of the items below within the time set forth unless the time is extended by a ‘so-orderet OR court-approved written stipulation, P2 c€ 40 2 of 10 INDEX NO. 805249/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 Il HU VENOM HAE NAME OF CASE; LAUCELLA, GIUSEPPE vs. SHARMA M.D.. SAMINetal INDEX NO. 805249/2023 PAGE 3 I. INSURANCE INFORMATION Insurance coverage information shall be provided in writing with respect to each defendant for all applicable periods within 30 (thirty) days as follows [check applicable spaces] __ Primary Coverage, including insurance carrier, policy number(s) and policy coverage periods; __ Excess coverage, including insurance carrier, policy number(s) and policy coverage periods; and __ Declaration sheets. IL. BILL OF PARTICULARS (a) A further Verified Bill of Particulars shall be served upon each defendant within 2 (twenty) days as to the following items: Ly See poy % (b) Defendant(s) shall serve upon plaintiff a Verified Bill of Particulars as to the affirmative defenses and/or counterclaims in the Answer (when demanded) within 20 (twenty) days. Tit. MEDICAL RECORDS AND AUTHORIZATIONS (a) HIPAA-compliant medical authorizations, if not already provided with the Bill of Particulars, shall be furnished to defendant(s) within 20 (twenty) days as to the following healthcare providers; \ S (— a a) (b) Following plaintiffs deposition, plaintiff shall provide HIPAA-compliant authorizations for appropriate records within 10 (ten) days of receipt of a written request from the defendant(s). (c) Medical records shall be furnished by the defendant(s) within 30 (thirty) days as follows [check where applicable, and identify specifically]: 1. __ Office records, including reports and correspondence 2. __ Hospital chart. 3. __ Billing records. 4. __ Autopsy Report. 5. __ Radiology film/report. 6. __ Curriculum vitae of defendant(s) 7 __ Hospital rules and regulations. 8. __ Other. ¥ 3 of HO ? 3 of 10 INDEX NO. 805249/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 Ill Ill HUT AT AION NAL AN TAT NAME OF CASE; |AUCELLA. GIUSEPPE vs. SHARMA M.D., SAMIN etal INDEX NO. 805249/2023 PAGE 4 (d) If a medical record to be supplied by a defendant is not available, within 30 (thirty) days, an affidavit shall be supplied by defendant, or by a records custodian with personal knowledge, which shall set forth a statement concerning the customary record-keeping practices of the physician/hospital, and the date, nature and location of the search conducted, including all efforts undertaken to locate such records. (e) If the records described in paragraph (d) above are subsequently located, they shall be promptly supplied to all parties. Any party who fails to produce such items more than 30 (thirty) days after they are located but, in any event, no later than 30 (thirty) days prior shall be precluded from introducing the items into evidence unless good cause is demonstrated. IV. DEPOSITIONS * All dates listed below are dates certain and may NOT be adjourned unless the time is extended by a “so-ordered” OR court-approved written stipulation. * Inability to obtain medical records prior to the deposition dates shall NOT be cause for adjournment of the deposition. If the records obtained reveal the need for additional information, a further limited deposition may be held by agreement of the parties or by Order of the Court. (a) Dates: Plaintiff(s) on or before ob i dA : M on” \ i Q09 Defendant S h OY (We on or before Un £ 2) Od Y Defendant Shaw Qn onorbefore JU; 31, VOY Defendant M Onw t Sing on or before Padgas $ 31, 90a4y tt to dt Sl nae Defendant on or before an INSPAW WihAss w/in Defendant on or before 4 Sa Auas Phare DEPOSITION OF EACH DEFENDANT SHALL BE CONDUCTED ON THE DATE SET FORTH ABOVE EVEN THOUGH AN EARLIER SCHEDULED DEPOSITION OR ANOTHER DEFENDANT WAS NOT CONDUCTED. v4 oFHO 4 of 10 INDEX NO. 805249/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 HTD YAY TV AU EO UT NAME OF CASE; LAUCELLA, GIUSEPPE vs. SHARMA M.D. SAMINet al INDEX NO. 805249/2023 PAGE 5 (b) Deposition of Institutional Defendant(s) Within 30 (thirty) days after plaintiffs deposition, plaintiff shall serve upon counsel for any institutional defendant(s) a demand for the identification of no more than 5 (five) health care providers who are referred to, or made entries, in the medical records. Within 20 (twenty) days of service of the demand, the institutional defendant(s) shall provide the full name and employment status of each of these individuals, and, if not under the institution(s) control, the last known address of each individual. Within 5 (five) business days thereafter, plaintiff shall designate the first witness under the institution(s)’ control to be deposed and the institutional defendant(s) shall produce said witness. Plaintiff shall then designate additional witnesses under the defendant(s) control for the deposition within 5 (five) business days after said EBT. If the institutional defendant(s) do not voluntarily produce the additional requested witnesses within 20 (twenty) days of plaintiff's designation, plaintiff may seek an order compelling additional depositions pursuant to statue. All of these individuals shall be deposed on or before (c) Non-Party Witness Depositions: Plaintiff is to advise defendant(s) within 30 (thirty) days of this Preliminary Conference Order whether the following non-party witnesses will be produced for deposition voluntarily, or whether a subpoena will be necessary. If the latter, plaintiff is to provide the witnesses’ last known addresses within 30 (thirty) days of this Stipulation and Order. Name of Non- Party Witness: Name of Non- Party Witness: (d) Time and Place: Plaintiff(s)’ deposition(s) shall be held at commencing at (a.m.) (p.m.) Defendant(s)’ deposition(s) shall be held as follows [List the time and place for each deposition]: (e) Objections: * ALL questions asked at any deposition must be answered UNLESS they (a) infringe upon privilege, (b) bear SOLELY on the negligence of a co-defendant and NOT in any way on the potential negligence of the deponent, or (c) are palpably irrelevant. Ifa party makes an objection as to form, the objector shall immediately and succinctly indicate the nature of the defect so as to permit correction. In any event, the witness shall answer the question. Depositions shal] not be interrupted for an attorney-deponent conference. Ps oF KO 5 of 10 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 Il Il BUT ATQMIOIN HAAN A NAME OF CASE; (AUCELLA, GIUSEPPE vs. SHARMA M.., SAMINet al INDEX NO. 805249/2023 PAGE 6 * Counsel for the deponent shall NOT engage in coaching during the deposition and shall NOT suggest answers to questions (e.g. “If you know...”; “If you remember...”) V. PHYSICAL EXAMINATIONS Defendant(s) who wishes to conduct a physical or mental examination pursuant to CPLR 3121 shall designate in writing an examining physician or other specialist within 30 (thirty) days of plaintiff's deposition. The examination of the plaintiff must be conducted at least 30 (thirty) days before the filing of the Note of Issue. Specialty: To be_Aekoc ming) Defendant(s) shall serve upon all parties written reports of any examining physician within 60 (sixty) days after the examination, and at least 30 (thirty) days before trial. Pursuant to CPLR 3121, plaintiff shall provide defendant(s) with a written report by any non-treating examining physician within 60 (sixty) days after an examination, and at least 60 (sixty) days before trial. VI. OTHER DISCLOSURE * (a) Witnesses: Parties shall exchange names and addresses of all FACT WITNESSES concerning liability and/or damages (other than expert witnesses) no later than 60 (sixty) days before trial. Parties shall also exchange adverse party statements within that same period. (b) Photographs and Videotapes: Parties shall exchange all photographs and/or videotapes within 60 (sixty) days after their creation and/or availability but not less than 30 (thirty) days before trial absent a showing of good cause. (c) Employment: If loss of earnings is claimed, authorizations for plaintiff's employment records (including W-2’s, 1099’s and/or income tax returns) for a period of __ years before the claimed malpractice and-continuing to date, shall be provided within 30 (thirty) days. (d) Collateral Sources: Plaintiff shall provide authorizations for the following collateral source providers within 30 (thirty) days: (e) Discovery Notices: Responses to the following outstanding Discovery and Inspection Notices shall be furnished within 30 (thirty) days: *This disclosure demand shall be considered ongoing and continuous. If requested items subsequently become available, they are to be supplied immediately upon receipt of the same to all parties to the action. P G oe BO 6 of 10 INDEX NU. 805249 UZ3 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 HOUT TOV AUT AY UAL WY NAME OF CASE; LAvCELLA GIUSEPPEvs. SHARMA M.D., SAMINet al INDEX NO. 805249/2023 PAGE 7 VII. EXPERT EXCHANGE Plaintiff shall serve a CPLR 3101(D) expert disclosure no later than 60 (sixty) days before trial. Defendant(s) shall serve a CPLR 3101(d) expert disclosure no later than 45 (forty-five) days before trial. VII. DEATH ACTIONS In wrongful death actions, plaintiff shall provide the following when available within 30 (thirty) days. If no currently available, then within 30 (thirty) days after receipt of the document: death certificate, letters of administration or letters testamentary, marriage certificate, and authorization for the autopsy reports. IX. ADDITIONAL DIRECTIVES DIGOWEE to (escort) ta NevencomiS Correspendence fe Spend ta ECM OLS 9 Wer iZLticyys f “teadekenda odyuarG If aoay (e£ Not Credit, (eCeivec Jovan) VIERA eEAY AW LER Wy Tp +4 bo ¥eSoord Je DIGQinh ees OVSSEONOIAG, Ut ISCCLOCY Nemends. X. NOTE OF ISSUE: The Note of Issue and certificate of Readiness shall be filed on or before XI. SUMMARY JUDGEMENT AND/OR OTHER DISPOSITIVE MOTIONS Motions for Summary Judgement and/or other dispositive motions shall be made no later than 60 (sixty) days from the filing of the Note of Issue, unless the Court directs otherwise. 4, 0 Plier 7 of 10 INDEX NO. 805249/2023 (FILED: NEW YORK COUNTY CLERK 0172372024 @2:42 PM Cag © o& NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/23/2024 UIUV TOY UY AURA UWA NAME OF CAS UCELLA, GIUSEPPE vs, SHARMA M.D. SAMIN et al INDEX NO. 49/2023 PAGE 7 VII. EXPERT EXCHANGE Plaintiff shall serve a CPLR 3101 xpert di osure no later than 60 (sixty) days before trial Defendant(s) shall serve a CPLR_3101(d) expi disclosure no later than 45 (forty-five) days before trial. VII. DEATH ACTI In wrongful de: actions, plaintiff shall provide the following when available within 30 (thirty) days. If no rrently available, then within 30 (thirty) days after receipt of the ument: death certifi e, letters of administration or letters testamentary, marriage certificate, and authorization for the autopsy reports. IX. ADDITIONAL DIRECTIVES (esponse bo Kh Srarma's Dmd dated 1/17] U WhA bo hous lesa compliant @2¢ w/ Aa lareaadted ast = Cardiology HG Aue C{o Ve S_ plrol ip 02 411 946nce 8 V_ pre sent - PCP eras “ K Cr = VAFUALCy be NeADd 1644 - Sat ib 1 CF - £0" pre tad i ws Or Eady Cones The Tear Nor altar po viatoat X. NOTE OF “S]33) The Note y Issue and certificate of Readiness shall be filed on or before a3] 34 XI. SUMMARY JUDGEMENT AND/OR OTHER DISPOSITIVE MOTIONS 40 Motions for Summary Judgement and/or other dispositive motions shall be made no later than 8 (sixty) days from the filing of the Note of Issue, unless the Court directs otherwise. 8 of 10 INDEX NO. 805249/2023 pene cae /53 NYSCEF DOC. NO. 27 et PIA AS xr) FUN PRELIMINARY CONFERENCE orven VA fue em X. 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