Legal Document: Rachel L. French v. Ngoc T Nguyen

On September 13, 2023 a LETTER/CORRESPONDENCE - SO ORDERED was filed involving a dispute between Rachel L. French, and Ngoc T Nguyen, for Torts - Motor Vehicle in the District Court of Saratoga County.

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INDEX NO EF20232482
(FILED: SARATOGA COUNTY CLERK 0170272024 02:31 PM
NYSCEF DOC. NO. 6 RECEIVED NYSCEF 01/02/2024

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STATE OF NEW YORK
SUPREME COURT CHAMBERS
s
30 McMaster Street, Building 3
Ballston Spa, New York 12020
(818) 788-9546
Oy. ChambersDF reestone@nycourts.gov
ee Matthew R. Coseo
LF Sout
Principal Law Clerk
Terri L. Brown
Secretary
HON. DIANNE N, FREESTONE January 2, 2024
Justice

Thomas E. Kelly, Esq.
Brian Lee Law Firm, PLLC
20 Fenwick Street
Ballston Spa, NY 12020

Jeffrey Yong, Esq.
Martyn, Smith, Murray & Yong, Esqs.
102 Motor Parkway, Suite 230
Hauppauge, NY 11788

Re: Rachel L. French vs. Ngoc T. Nguyen
Saratoga County Supreme Court
Index #EF20232482, RJI #45-1-23-1552

Dear Counselors:

Please be advised that a preliminary conference has been scheduled in the above referenced
matter, via Microsoft Teams, for Wednesday, January 24, 2024, at 11:00 a.m. The Court will
generate a meeting invitation and forward same to you as the conference date approaches.

*** IMPORTANT NOTICE— ALTERNATIVE DISPUTE RESOLUTION***

All civil cases filed in New York are presumptively eligible for Alternative Dispute Resolution
(ADR). ADR is an early intervention tool to provide quicker, less expensive and, potentially,
better alternatives to continuing litigation, without impairing the quality of justice or the right to
trial. A copy of the Fourth District’s ADR Program rules. are attached hereto. ADR
presumptively applies to this case. In this county, the following ADR options are available:

1. Compulsory arbitration;
2. Mediation with a court attorney-referee;
3. Mediation with a neutral from the Court’s roster;

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4. Mediation with a privately retained neutral (upon approval by the Court);
5. Neutral evaluation by a neutral from the Court’s roster;
6. Settlement conferencing with the assigned Judge;
7. Settlement conferencing with a JHO or a member of the Court’s legal
staff; or
8. Summary Jury Trial

*** YOUR OBLIGATIONS PRIOR TO THIS CONFERENCE***

You and your adversary are to confer prior to the conference date with the goal of:

1. Agreeing on one or more of the ADR options listed above;
2. Developing a proposed ADR timetable, with the first ADR session
occurring 12-16 weeks after the preliminary conference; and
3. Identifying any discovery necessary to aid the ADR process and
establishing an expedited timetable for completing it prior to the first ADR
session.

Adjournment requests must be made in writing on notice to the opposing party. No
adjournments will be granted on the day of the preliminary conference.

IT IS SO ORDERED
yb.
Entered Saratoga County Clerk Dianne U-(vesdbeny
HON. DIANNE N. FREESTONE
01/02/2024 Justice

DNF/tb
enc.

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FOURTH DISTRICT ADR PROGRAM RULES

A. Timing: Unless exempted, all civil cases will be assigned an “ADR Track” at the
first
scheduled court appearance.

B. Preliminary Conference Notice: In the Supreme Court, the preliminary
conference
notice will advise the parties about the Mandatory ADR Program, direct them to
confer, in
advance, about ADR and to come to the conference with a proposed plan. Counsel
have a duty
to discuss ADR with their clients.

C. Requests to Opt Out: Requests to opt out of this program will be addressed by
the
Assigned Judge at the first court appearance, Opt out will be granted only for good
cause.
Inconvenience, travel costs, attorney fees or other costs shall not constitute good cause.
A
party seeking such relief must set forth specific reasons why ADR has no reasonab
le chance of
being productive.

D. Orders of Reference: At the time the ADR Track is established, a timetable will be
set for scheduling and completion. Timing of the ADR intervention will be decided by the
Assigned Judge. Generally, the first ADR intervention will occur within 12-16 weeks after the
first court appearance as it is the intent of the program to have cases proceed to ADR as early
as possible in the case. In some cases, ADR intervention may be deferred for a brief period
to
permit some expedited discovery, as deemed necessary in order to facilitate resolution through
the ADR process. if the ADR option determined to be the most appropriate is settlement
conferencing by the Court, no Order of Reference is necessary.

E. Selection of Neutral and Stipulations: The neutral, i.e., mediator, evaluator,
arbitrator, referee, JHO, will be selected at the preliminary conference. The parties may
stipulate to a neutral who is not a CDRC mediator, specially trained court employee, JHO or a
member of the court roster of mediators or neutrals, but such will be subject to judicial
approval.

F. Fee Waivers; A party who has not been granted poor person status under CPLR
article 11, but believes is financially unable to pay all or part of the pro rata share of the
neutral’s fee, may move for a waiver of the fee requirement.

G. Scheduling Orders: In Supreme Court cases, at the preliminary conference, the
Assigned Judge, in addition to setting the ADR Track, will also discuss pre-trial discovery
and
issue a scheduling order. Referral of the case to ADR will not delay or defer other establish
ed
milestone discovery dates which are designed to move the case towards trial.

H. Conflict of a Selected Neutral; Upon receipt of an Order of Reference, the neutral will
review the case for possible conflicts and notify the Assigned Judge and all parties immediate
ly,
whereupon another neutral will be assigned, after consultation with the parties. A neutral
shall

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disqualify in any cases in which a judge would be disqualified under prevailing ethical rules,
including waiver and remittal.

|. Disqualification of a Neutral: After an Order of Reference is issued, if a party believes
that a disqualifying conflict exists, he or she should first consult with the neutral. if the matter
is not resolved within 14 days, an appropriate motion must be fifed with the court seeking
assignment of another neutral.

J. Unavailability of a Selected Neutral: If a selected neutral is or becomes unavailable
to serve within the time period set forth in the Order of Reference, he or she shall notify all
counsel, alt unrepresented parties and the Court. A new neutral shall be selected by agreement
of the parties or, if they cannot agree, by the Court.

K. Attendance at ADR Sessions: The attorneys who are expected to try the case for any
represented party shall appear and participate in ADR and shall be accompanied by an
individual with authority to settle the lawsuit. This includes the parties (If they are natural
persons) or representatives of the parties that are not natural persons. These latter individuals
may not be counsel (except in-house counsel). Attorneys for the parties shail notify other
interested parties such as insurers and indemnitors, who shall attend. Only the Assigned Judge
may excuse attendance of any attorney, party or party’s representative

L. Good Faith: Parties and counsel shall participate in good faith, without any time
constraints and put their best efforts towards settlement.

M. The ADR Process: The process may differ, depending upon whether the ADR option
is arbitration, mediation or neutral evaluation.
® Written Memoranda: All parties should be prepared to provide a three-page
limited confidential memorandum that includes the following information:
- the name and the role of each person expected to attend the ADR
session;
- the name of the person who has full settlement authority;
- the issues in dispute;
- aconcise summary of the party’s claims or defenses as to each
disputed issue;
- the party’s view of liability and damages;
- the relief sought; and
- suggestions as to how the matter might be resolved.
With the exception of settlement conferencing by the Assigned Judge, no portion
of the confidential memorandum submitted by a party shall be disclosed to the
Court or to the other parties (except by express agreement) and it shalt remain
privileged under CPLR 4547 and 3101.
® Location: All sessions will occur at the courthouse, unless otherwise agreed.
® Confidentiality: All ADR sessions are confidential and private. Evidence of any
conduct or statements made during the session is inadmissible pursuant to CPLR

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4547. No participant in the ADR process may communicate confidential
information acquired during ADR sessions without the consent of
the affected
party. There shall be no stenographic recording, electronic recording
— audio or
visual — of the ADR session. With the exception of settlement confer
encing by
the Assigned Judge there shall be no communication between the Assign
ed
Judge and the neutral regarding a case referred for ADR.
© Interpretation services: If interpretation services are necess
ary, they will be
arranged through the Chlef Clerk's Office and provided at
no expense to the
parties.
© Conclusion: The ADR session shall be concluded:
- by the parties’ resolution and settlement of the dispute;
- by adjournment for a future session, as agreed by the parties and
the
neutral; or
~ upon the neutral’s determination that future efforts are no
longer
worthwhile because there is an impasse.
Agreements resolving all or some of the Issues in dispute shall be
reduced to
writing and signed by the parties and submitted to the Assigned
Judge.
impasses will be reported to the Assigned Judge by the neutral
. Requests for
extension of time will be submitted to the Assigned Judge by the
parties,
N. Compensation of Neutrals: All neutrals appointed from the Part 146
Court Rosters
shall receive $150/hour for the first tw 'o hours of the initial meetin
g. If necessary, the neutral
may charge $90/hour for up to two hours of preparation time for
cases which require
substantial preparation, If the session is cancelled by the partie
s less than 48 hours prior to the
Set time, they shall pay a $150 cancellation fee. Any party who has
been granted poor person
status Is relieved of his or her share of the neutral’s fee. All
other parties will continue to pay
their pro rata share. Court employees who are assi igned as neutra
ls will not be awarded any
compensation for serving as mediators. JHO’s who are asi; jgned
as neutrals will be paid by the
court at the statutory daily rate.

. Pro Bono Service: All neutrals who are on the Court's Part
146 roster must provide
pro bono services as a neutraf, The minimum service requirement
is one pro bono case for
every four fully compensated cases for which the neutral is
selected,

P. Special ADR Counsel to Assist Self-Represented
Litigants: At the preliminary
conference, the Assigned Judge may assign a pro bono special
ADR c ‘ounsel to assist self-
represented litigants in preparing for and participating in ADR.
Appointment of a Special
Counsel is in no way guaranteed. It is at t he sole discretion
of the Assigned Judge. If the ADR
session does not result in settlement, the Assigned Judge shall
issue an order relieving the
Special Counsel of further representa’ tion duties and termin
ate the attorney-client relati onship,

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Case Info

Judge

Dianne N Freestone Track Judge’s New Case

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Document Filed Date

January 02, 2024

Case Filing Date

September 13, 2023

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