Preview
FILED: BRONX COUNTY CLERK 01/18/2024 01:52 PM INDEX NO. 807199/2023E
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX: PART IA-13
x
ADAMES, DAVID PRELIMINARY CONFERENCE ORDER
AND CASE SCHEDULING ORDER
Ptaintiff(s),
- agalnst -
IndexNo. 80719912023E
MARTIN, MICHAELEDWARD
Defendant(s).
x
A request for a preliminary conference having been filed, or the court having acted on its own initiative
pursuant to 22 NYCRR $ 202.120), this case is assigned to Part IA-13 because plaintiffhas alleged
"serious injury" due to a motor vehicle accident. Ifthis case has been assigned to Part IA-13 in error, the
parties are to notifl the Court at IJxSLrpCir -lA ]i'ri n]'cour1s.g.or. Do not contact the Justice assigned.
Disclosure not already fumished shall proceed in accordance with the deadlines set forth below
TIIE DATES IN THIS ORDER MAY NOT BE f,XTf,NIDED WITHOUT ADVANCE APPROVAL BY THE
COURT. STIPIILATIONS, UNLESS SO ORDERED BY THE COIJRT, WILL NOT BE HONORED.
RESOLUTION OF DISPUTES/PENALTIES FOR NONCOMPLIANCE (also see part rules)
Ifdisputes arise about compliance with this Order, the parties shall confer to try to resolve them. Ifthat
effort fails, then counsel ofrecord shall, no Iess than two weeks in advance of deadlines and prior to
initiating motion practice, bring the dispute to the attention ofthe Court as set forth in Section 1l ofthis
order. The parties are advised, however, that nothing in this paragraph relieves them ofthe obligation of
demonstrating sufficient good faith efforts to resolve their discovery disputes without resort to court
intervention via motion (see 22 NYCRR $202.20-f). Absent good cause, non-compliance with this order,
including the failure to raise discovery problems in advance ofdeadlines, may result in the imposition of
penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver
ofthe discovery, preclusion, dismissal, striking ofa pleading, costs, sanctions and attomey's fees.
Consult the part rules at this time; the parties are expected to be familiar with the rules and follow them.
(l) Mandatorv Notification. All parties having associated an email address with the action at the
NYSCEF site are deemed to have been served with this Order as of its filing. Plaintiff's attomey shall,
within ten days thereafter, transmit a copy to any appearing party who has not consented to e-file and shall
e-file proofofsaid transmission within ten days thereafter. For hard-copy cases, plaintiff's attomey shall,
within ten days after entry of the order, transmit a copy to the other parties and shall file proofofsaid
transmission within ten days thereafter.
(2) Insurance Information. Pursuant to CPLR 3l0l(1), all parties shall exchange insurance and coverage
information, including primary, excess and umbrella policies, by 3/6/2021 If there is no
umbrella or excess policy, an affidavit to that effect, signed by defendant(s) and narized, shall be provided
by the same date.
(3) Bill of Particulars. Ifnot already served, demand(s) shall be served by t/31/2021 Bill(s) shall
be served by 2n4t2024
(4) Authorizations. Properly executed HIPAA-compliant authorizations for medical records for this
accident and for relevant prior and subsequent injuries/conditions (ifapplicable), and authorizations for
employment records for two years prior to the accident shall be served by 2fi4 021
Defendants shall process each authorization within 30 days of receipt and shall follow up at least monthly
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FILED: BRONX COUNTY CLERK 01/18/2024 01:52 PM INDEX NO. 807199/2023E
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/18/2024
until the records are received, so that the requested material will be received before the plaintiff's
deposition date as ordered herein. If plaintifftimely provides proper authorizations, then non-receipt of
records shall not be grounds for delaying plaintiff's deposition unless proof of timely processing and
follow-up is provided to plaintiff and/or the court.
(5) Witness and Other Information. All parties shall exchange statements of opposing parties,
photographs, and the names and addresses ofall fact witnesses by 2!28!2M4 . Ifany of
these items does not exist, then the parties shall serve by that date an affirmation clearly so specifuing.
(6) Depositions. If plaintiff timely complies with (4) above, then all depositions must be completed by
6t5t2021 Plaintiff shall be deposed first, and defendants shall be deposed in the order in
which their names appear in the caption. Within 20 days after this order, the parties shall confer and agree
upon a deposition schedule in compliance with this deadline. Absent extraordinary circumstances, the
failure ofone delendant to appear as scheduled shall not constitute an excuse for the refusal ofothers to
submit to deposition as scheduled and within the deadline fixed above.
(7) Demands for documents. Demands for documents shall be served no later than 30 days after the
completion ofthe relevant deposition and shall be responded to within 30 days after service.
(8) Phvsical Examinations and Reports (Uniform Rule 202.17). Physical examination(s) ofthe plaintiff
shall be designated, with a copy to all parties, within 20 days after plaintiff's deposition and shall be
completed within 45 days after plaintiff's deposition. Copies of medical reports shall be served by plaintiff
at least l5 days prior to said examination. A copy ofthe report ofthe examining physician shall be served
on all parties within 30 days after said examination.
(9) Other Disclosure. All other disclosure shall be completed by 8t7t2024
(10) Impleatler. Shall be cornpleted by 6t1912024
(ll) Mandatory Compliance Conference. Will be held on 3!20.!2U24 . Parties are directed to
conference the matter in its entirety without the Court and enter into a mutually agreed to stipulation
resolving alI outstanding discovery issues and specifying the corresponding compliance conference
date. In addition:
The stipulation shall begin with thefollowing recitalion: "At a compliance conference, held on
3/20/2024 at IAS Part I3, it is hereby agreed and stipulated to by ond between lhe undersigned
attorneys for plaintffis) and defendant(s) ... .... "
. The stipulation shall be uploaded to NYSCEF, using document type "STIPULATION-DISCOVERY
(REQUEST TO SO ORDER)" and must also be emailed with the NYSCEF Confirmation Notice to
I\SLrp( ir -lA I..1'.1 !!\g!\tt1!.r..r\ in advance of the com liance con ference date . Once submitted, the
stipulation shall be reviewed and so ordered, and is subject to modification by the Court
No appearance is required on the compliance conference date; however, in the event that the parties
cannot agree on an outstanding discovery issue despite good faith efforts to resolve the dispute
without Court intervention, a virtual discovery conference may be requested. Said request shall be
uploaded into NYSCEF under document type, "RLQUEST FOR PRE-MOTION
CONFERENCE(COMPLIANCE PART)" and must also be emailed with the NYSCEF
Confirmation Notice to []rSup( ir,-1,,\ii -rr. n_r cou s.gor in advance of the compliance conference
date. The request shall include the name and index number ofthe case, the compliance conference
date, a statement offacts and a brief description ofthe issues, insurance policy limits, and details of
the attempts made to resolve the issue between the parties. A copy of the most recent discovery
order or stipulation must also be included.
. Noncompliance of these directives may result in the delay of a virtual conference. Otherwise, once
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FILED: BRONX COUNTY CLERK 01/18/2024 01:52 PM INDEX NO. 807199/2023E
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/18/2024
the request is approved, the compliance conference will be adjourned to a future date for a remote
conference and the parties will receive a Microsoft Teams virtual conference invitation by email. If
you do not hear from the part within two (2) weeks of your request, please contact I\SunCir.-
lA I i ir nr courts.gor for further instructions. Notwithstanding that there may be a dispute
regarding some aspects of discovery, for all discovery not in dispute, a stipulation should be
uploaded to NYSCEF in accordance with the aforementioned procedures.
. The IAS Part and document type must be specified on the subject line of all communications
emailed to the Ii\SLrp( i\ -l.A ll rr r)-\ c()urts.g()\ mailbox. (Ex IAS Part-13, Document Type)
. Only counsel fully familiar with and authorized to settle, stipulate, or dispose of actions shall
appear at the conference.
(12) Note oflssue. The date to file the Note oflssue shall be determined at the final compliance conference. If
all parties agree that discovery is complete prior to any scheduled compliance/status conference date, the parties
shall submit a stipulation signed by all parties certifuing that discovery is complete and providing for the filing
of the NOI. The stipulation shall be uploaded to NYSCEF using document type "STIPULATION-TRIAL
READINESS (REQUEST TO SO ORDER)" and must be emailed with the NYSCEF Confirmation Notice to
ItrSuo('ir'-1,\ l-1 ra, nYc()u rts-!!or at least two (2) days before the said conference. Ifapproved, the Court will
"so order" the stipulation and provide a date by which the NOI must be filed. The so ordered stipulation will be
processed by the clerk and uploaded to NYSCEF. Parties MAY NOT file a Note of Issue without court order. A
Note oflssue filed without court order may be stricken sua sponte. Plaintiff shall not lile a note ofissue until
all discovery is complete and certified as such by order ofthis court. Premature filing may result in the
note of issue being vacated or the imposition of other sanctions.
(13) Summan' Judsment Motions. S ummary judgment motions shall be made no later than 60 days after
filing the Note of Issue (CPLR 3212[a]). Motions made before filing the note of issue do not stay the
discovery ordered herein.
(14) Trial Authorizations. Properly executed HIPAA-compliant authorizations shall be served on a[[
defendants 120 days before trial.
Parties are encouraged to place their case on e-track at nycourts.gov.
The foregoing constitutes the decision and order of the court.
Datecll lll712024
llon. I'.\ l s\ (;()l. l.l)llol{\ t., .1.s.('.
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Preview
FILED: BRONX COUNTY CLERK 01/18/2024 01:52 PM INDEX NO. 807199/2023E NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: PART IA-13 x ADAMES, DAVID PRELIMINARY CONFERENCE ORDER AND CASE SCHEDULING ORDER Ptaintiff(s), - agalnst - IndexNo. 80719912023E MARTIN, MICHAELEDWARD Defendant(s). x A request for a preliminary conference having been filed, or the court having acted on its own initiative pursuant to 22 NYCRR $ 202.120), this case is assigned to Part IA-13 because plaintiffhas alleged "serious injury" due to a motor vehicle accident. Ifthis case has been assigned to Part IA-13 in error, the parties are to notifl the Court at IJxSLrpCir -lA ]i'ri n]'cour1s.g.or. Do not contact the Justice assigned. Disclosure not already fumished shall proceed in accordance with the deadlines set forth below TIIE DATES IN THIS ORDER MAY NOT BE f,XTf,NIDED WITHOUT ADVANCE APPROVAL BY THE COURT. STIPIILATIONS, UNLESS SO ORDERED BY THE COIJRT, WILL NOT BE HONORED. RESOLUTION OF DISPUTES/PENALTIES FOR NONCOMPLIANCE (also see part rules) Ifdisputes arise about compliance with this Order, the parties shall confer to try to resolve them. Ifthat effort fails, then counsel ofrecord shall, no Iess than two weeks in advance of deadlines and prior to initiating motion practice, bring the dispute to the attention ofthe Court as set forth in Section 1l ofthis order. The parties are advised, however, that nothing in this paragraph relieves them ofthe obligation of demonstrating sufficient good faith efforts to resolve their discovery disputes without resort to court intervention via motion (see 22 NYCRR $202.20-f). Absent good cause, non-compliance with this order, including the failure to raise discovery problems in advance ofdeadlines, may result in the imposition of penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver ofthe discovery, preclusion, dismissal, striking ofa pleading, costs, sanctions and attomey's fees. Consult the part rules at this time; the parties are expected to be familiar with the rules and follow them. (l) Mandatorv Notification. All parties having associated an email address with the action at the NYSCEF site are deemed to have been served with this Order as of its filing. Plaintiff's attomey shall, within ten days thereafter, transmit a copy to any appearing party who has not consented to e-file and shall e-file proofofsaid transmission within ten days thereafter. For hard-copy cases, plaintiff's attomey shall, within ten days after entry of the order, transmit a copy to the other parties and shall file proofofsaid transmission within ten days thereafter. (2) Insurance Information. Pursuant to CPLR 3l0l(1), all parties shall exchange insurance and coverage information, including primary, excess and umbrella policies, by 3/6/2021 If there is no umbrella or excess policy, an affidavit to that effect, signed by defendant(s) and narized, shall be provided by the same date. (3) Bill of Particulars. Ifnot already served, demand(s) shall be served by t/31/2021 Bill(s) shall be served by 2n4t2024 (4) Authorizations. Properly executed HIPAA-compliant authorizations for medical records for this accident and for relevant prior and subsequent injuries/conditions (ifapplicable), and authorizations for employment records for two years prior to the accident shall be served by 2fi4 021 Defendants shall process each authorization within 30 days of receipt and shall follow up at least monthly 1 of 3 FILED: BRONX COUNTY CLERK 01/18/2024 01:52 PM INDEX NO. 807199/2023E NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/18/2024 until the records are received, so that the requested material will be received before the plaintiff's deposition date as ordered herein. If plaintifftimely provides proper authorizations, then non-receipt of records shall not be grounds for delaying plaintiff's deposition unless proof of timely processing and follow-up is provided to plaintiff and/or the court. (5) Witness and Other Information. All parties shall exchange statements of opposing parties, photographs, and the names and addresses ofall fact witnesses by 2!28!2M4 . Ifany of these items does not exist, then the parties shall serve by that date an affirmation clearly so specifuing. (6) Depositions. If plaintiff timely complies with (4) above, then all depositions must be completed by 6t5t2021 Plaintiff shall be deposed first, and defendants shall be deposed in the order in which their names appear in the caption. Within 20 days after this order, the parties shall confer and agree upon a deposition schedule in compliance with this deadline. Absent extraordinary circumstances, the failure ofone delendant to appear as scheduled shall not constitute an excuse for the refusal ofothers to submit to deposition as scheduled and within the deadline fixed above. (7) Demands for documents. Demands for documents shall be served no later than 30 days after the completion ofthe relevant deposition and shall be responded to within 30 days after service. (8) Phvsical Examinations and Reports (Uniform Rule 202.17). Physical examination(s) ofthe plaintiff shall be designated, with a copy to all parties, within 20 days after plaintiff's deposition and shall be completed within 45 days after plaintiff's deposition. Copies of medical reports shall be served by plaintiff at least l5 days prior to said examination. A copy ofthe report ofthe examining physician shall be served on all parties within 30 days after said examination. (9) Other Disclosure. All other disclosure shall be completed by 8t7t2024 (10) Impleatler. Shall be cornpleted by 6t1912024 (ll) Mandatory Compliance Conference. Will be held on 3!20.!2U24 . Parties are directed to conference the matter in its entirety without the Court and enter into a mutually agreed to stipulation resolving alI outstanding discovery issues and specifying the corresponding compliance conference date. In addition: The stipulation shall begin with thefollowing recitalion: "At a compliance conference, held on 3/20/2024 at IAS Part I3, it is hereby agreed and stipulated to by ond between lhe undersigned attorneys for plaintffis) and defendant(s) ... .... " . The stipulation shall be uploaded to NYSCEF, using document type "STIPULATION-DISCOVERY (REQUEST TO SO ORDER)" and must also be emailed with the NYSCEF Confirmation Notice to I\SLrp( ir -lA I..1'.1 !!\g!\tt1!.r..r\ in advance of the com liance con ference date . Once submitted, the stipulation shall be reviewed and so ordered, and is subject to modification by the Court No appearance is required on the compliance conference date; however, in the event that the parties cannot agree on an outstanding discovery issue despite good faith efforts to resolve the dispute without Court intervention, a virtual discovery conference may be requested. Said request shall be uploaded into NYSCEF under document type, "RLQUEST FOR PRE-MOTION CONFERENCE(COMPLIANCE PART)" and must also be emailed with the NYSCEF Confirmation Notice to []rSup( ir,-1,,\ii -rr. n_r cou s.gor in advance of the compliance conference date. The request shall include the name and index number ofthe case, the compliance conference date, a statement offacts and a brief description ofthe issues, insurance policy limits, and details of the attempts made to resolve the issue between the parties. A copy of the most recent discovery order or stipulation must also be included. . Noncompliance of these directives may result in the delay of a virtual conference. Otherwise, once 2 of 3 FILED: BRONX COUNTY CLERK 01/18/2024 01:52 PM INDEX NO. 807199/2023E NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/18/2024 the request is approved, the compliance conference will be adjourned to a future date for a remote conference and the parties will receive a Microsoft Teams virtual conference invitation by email. If you do not hear from the part within two (2) weeks of your request, please contact I\SunCir.- lA I i ir nr courts.gor for further instructions. Notwithstanding that there may be a dispute regarding some aspects of discovery, for all discovery not in dispute, a stipulation should be uploaded to NYSCEF in accordance with the aforementioned procedures. . The IAS Part and document type must be specified on the subject line of all communications emailed to the Ii\SLrp( i\ -l.A ll rr r)-\ c()urts.g()\ mailbox. (Ex IAS Part-13, Document Type) . Only counsel fully familiar with and authorized to settle, stipulate, or dispose of actions shall appear at the conference. (12) Note oflssue. The date to file the Note oflssue shall be determined at the final compliance conference. If all parties agree that discovery is complete prior to any scheduled compliance/status conference date, the parties shall submit a stipulation signed by all parties certifuing that discovery is complete and providing for the filing of the NOI. The stipulation shall be uploaded to NYSCEF using document type "STIPULATION-TRIAL READINESS (REQUEST TO SO ORDER)" and must be emailed with the NYSCEF Confirmation Notice to ItrSuo('ir'-1,\ l-1 ra, nYc()u rts-!!or at least two (2) days before the said conference. Ifapproved, the Court will "so order" the stipulation and provide a date by which the NOI must be filed. The so ordered stipulation will be processed by the clerk and uploaded to NYSCEF. Parties MAY NOT file a Note of Issue without court order. A Note oflssue filed without court order may be stricken sua sponte. Plaintiff shall not lile a note ofissue until all discovery is complete and certified as such by order ofthis court. Premature filing may result in the note of issue being vacated or the imposition of other sanctions. (13) Summan' Judsment Motions. S ummary judgment motions shall be made no later than 60 days after filing the Note of Issue (CPLR 3212[a]). Motions made before filing the note of issue do not stay the discovery ordered herein. (14) Trial Authorizations. Properly executed HIPAA-compliant authorizations shall be served on a[[ defendants 120 days before trial. Parties are encouraged to place their case on e-track at nycourts.gov. The foregoing constitutes the decision and order of the court. Datecll lll712024 llon. I'.\ l s\ (;()l. l.l)llol{\ t., .1.s.('. 3 of 3