On May 15, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Doris Cespedes,
and
Gustavo Lemus Sayes,
for Torts - Motor Vehicle
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 11/09/2023
EXHIBIT D
FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 11/09/2023
. 60 7 7 50 2 023
INDEX NO /
NY SCEF DOC . NO . 23
SUPREMECOURT342 M-1767 Rev. 05/21Page t
SUPREME COURT COUNTY OF NASSAU
IAS JUSTICE HON. Ifæ¬1
NO. 607750/2023
INDEX
DORIS CESPEDES
Preliminary Conference
Plaintiff(s) Stipulation and .0rder
against (sections 202.8 & 202.12 & 202.19
of the Uniform Rules)
GUSTAVO LEMUS SAYES
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 (CPLR3101 shall be furnished Defendants
(1) (f) Ifnot already provided, by
on or before ws23
(2) Bill of Particulars:
Served Served
(a) Demand for a Bill of Particulars shall be served by on or before
served served .
(b) Bill ofParticulars shau be served by on or before
(3) Medical Report and Authorizations:
Shall be served as follows:
(4) Physical Examination:
of Plaintifr within 45 days
(a) Examination shall be held
of Plaintiff's EBT
45
(b) A copy of thephysician's report shall be furnished to plaintiff(s) within days of
The examination.
EBTs may not be adjourned to any Inter
(5) Depositions: date Without prior court approval
Deponent Date and Time Place
Plaintiff 12/18/23 virtual
Defendant 12 19/23 v*rtual
parties'
If one deliosition fails to takeplace as sclieduled, the remaining depositions shall nonetheless proceed
as Scheduled, except that priorities between defendants and plaintiffs shall be preserved,
1 of 4
FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023
NYSCEF DOC. NO. 36 RECEIVED
INDEX
NYSCEF:
NO.
11/09/2023
607750/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 0 9/14/2023
SUPREMECoURT342M-1767 Rev.05/21Page 2
(6) Other Disclosure:
10/5/23 and
(a) All parties, on or before , shall exchange names and addresses of all eyewitnesses
notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to
that effect.
(b) Authorizations for plaintiff(s) employment records for the period n/a shall be furnished on
or before n/a
(c) Demand for discovery and inspection shall be served all parties on or before 10/5/23 .
by
The itemssought shall be produced to the extent not objected to, and objections, is 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 10/5/23 .
3101(g) by
(e) Other interrogatories (CPLR 3130, 3101(d), etc.):
All such disclosure, unless otherwise noted herein, shall be completed by
(f) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within
____ days
(7) The parties shall ensure that a stipulation of discontinuance shall be promptly flied 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:
(11) rn shall be held on / ~Ñ 4 -JC9 (To be set by Clerk)
I. Affirmation of Injuries: (if applicable)
The most serious alleged in this action is:
injury
cervical and lumbar hemiations/bulges
(12) Summary Judgment Motions:
Pursuant to CPLR 3214(b), service of a Notice of Motion under rule 3211, 3212 or 3213 shall F.QT stay
disclosure pending the determination of that motion.
2 of 4
FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023
NYSCEF DOC. NO. 36 RECEIVED
INDEX
NYSCEF:
NO.
11/09/2023
607750/2 02 3
RECEIVED NYSCEF: 09/14/2 02 3
NYSCEF DOC. NO . 23
SUPREMECOURT342M-1767Rev.05/21Page3
(13) ALTERNATE DISPUTE RESOLOTION:
All counsel are directed to articipate in a settlement conference, which will be held on
} -3 :h with the assigned Justice
rson ounsel is directed th discuss with their client(s) any
alternative dispute resolution options avadable 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 below3 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 by telephone.
be available 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.
3 of 4
FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023
NYSCEF DOC. NO. 36 RECEIVED
INDEX NYSCEF:
NO. 11/09/2023
607750/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/14 /2023
Note- the box and the Attorney to the court, that the
(15) By checking typing information represents,
Preparer obtained permission from that party to enter into this stipulation.
Cohen&Jeffe CaHlin McNaughton, Esq.
Attorney/or Plaintiff(s):
Email address: cam@cohenjaffe.com
McMahon, Martine & Gallagher LLP Luis Ayala-Torruella, Esq.
Attorney/or Plaintiff(s):
Email layalatorruella@mmglawyers.com
address:
Attorney/or Defendant(s): by
Email address:
Attorney/or Defendant(s): by
Email address:
Attorney/or Defendant(s): by
Email address:
DATED:
Mineola, NY
SO ORDERED:
HOr . AgJN J!MENez.
J.S.C.
4 of 4
Document Filed Date
November 09, 2023
Case Filing Date
May 15, 2023
Category
Torts - Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 11/09/2023 EXHIBIT D FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 11/09/2023 . 60 7 7 50 2 023 INDEX NO / NY SCEF DOC . NO . 23 SUPREMECOURT342 M-1767 Rev. 05/21Page t SUPREME COURT COUNTY OF NASSAU IAS JUSTICE HON. Ifæ¬1 NO. 607750/2023 INDEX DORIS CESPEDES Preliminary Conference Plaintiff(s) Stipulation and .0rder against (sections 202.8 & 202.12 & 202.19 of the Uniform Rules) GUSTAVO LEMUS SAYES 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 (CPLR3101 shall be furnished Defendants (1) (f) Ifnot already provided, by on or before ws23 (2) Bill of Particulars: Served Served (a) Demand for a Bill of Particulars shall be served by on or before served served . (b) Bill ofParticulars shau be served by on or before (3) Medical Report and Authorizations: Shall be served as follows: (4) Physical Examination: of Plaintifr within 45 days (a) Examination shall be held of Plaintiff's EBT 45 (b) A copy of thephysician's report shall be furnished to plaintiff(s) within days of The examination. EBTs may not be adjourned to any Inter (5) Depositions: date Without prior court approval Deponent Date and Time Place Plaintiff 12/18/23 virtual Defendant 12 19/23 v*rtual parties' If one deliosition fails to takeplace as sclieduled, the remaining depositions shall nonetheless proceed as Scheduled, except that priorities between defendants and plaintiffs shall be preserved, 1 of 4 FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023 NYSCEF DOC. NO. 36 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607750/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 0 9/14/2023 SUPREMECoURT342M-1767 Rev.05/21Page 2 (6) Other Disclosure: 10/5/23 and (a) All parties, on or before , shall exchange names and addresses of all eyewitnesses notice witnesses, statements of opposing parties and photographs, or, if none, provide an affirmation to that effect. (b) Authorizations for plaintiff(s) employment records for the period n/a shall be furnished on or before n/a (c) Demand for discovery and inspection shall be served all parties on or before 10/5/23 . by The itemssought shall be produced to the extent not objected to, and objections, is 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 10/5/23 . 3101(g) by (e) Other interrogatories (CPLR 3130, 3101(d), etc.): All such disclosure, unless otherwise noted herein, shall be completed by (f) Plaintiff shall provide authorizations for the following collateral source providers (CPLR 4545) within ____ days (7) The parties shall ensure that a stipulation of discontinuance shall be promptly flied 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: (11) rn shall be held on / ~Ñ 4 -JC9 (To be set by Clerk) I. Affirmation of Injuries: (if applicable) The most serious alleged in this action is: injury cervical and lumbar hemiations/bulges (12) Summary Judgment Motions: Pursuant to CPLR 3214(b), service of a Notice of Motion under rule 3211, 3212 or 3213 shall F.QT stay disclosure pending the determination of that motion. 2 of 4 FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023 NYSCEF DOC. NO. 36 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607750/2 02 3 RECEIVED NYSCEF: 09/14/2 02 3 NYSCEF DOC. NO . 23 SUPREMECOURT342M-1767Rev.05/21Page3 (13) ALTERNATE DISPUTE RESOLOTION: All counsel are directed to articipate in a settlement conference, which will be held on } -3 :h with the assigned Justice rson ounsel is directed th discuss with their client(s) any alternative dispute resolution options avadable 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 below3 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 by telephone. be available 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. 3 of 4 FILED: NASSAU COUNTY CLERK 11/09/2023 09:45 AM INDEX NO. 607750/2023 NYSCEF DOC. NO. 36 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607750/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/14 /2023 Note- the box and the Attorney to the court, that the (15) By checking typing information represents, Preparer obtained permission from that party to enter into this stipulation. Cohen&Jeffe CaHlin McNaughton, Esq. Attorney/or Plaintiff(s): Email address: cam@cohenjaffe.com McMahon, Martine & Gallagher LLP Luis Ayala-Torruella, Esq. Attorney/or Plaintiff(s): Email layalatorruella@mmglawyers.com address: Attorney/or Defendant(s): by Email address: Attorney/or Defendant(s): by Email address: Attorney/or Defendant(s): by Email address: DATED: Mineola, NY SO ORDERED: HOr . AgJN J!MENez. J.S.C. 4 of 4