On April 03, 2023 a
Order
was filed
involving a dispute between
Virginia Mishkin-Elam,
and
The Westchester County Department Of Parks Recreation And Conservation,
Westchester County,
for Torts - Other (Premises)
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 09:22 AM INDEX NO. 58968/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COL]NTY OF WESTCHESTER
HON. PAUL I. MARX, J.S.C.
VI RGINIA MI SHKIN-ELAM,
COMPLIANCE CONFERENCE
ORDER
Plaintiff,
Index No.: 5896812023
-against-
THE WESTCHESTER COUNTY DEPARTMENT
OF PARKS RECREATION AND CONSERVATION
and WESTCHESTER COLTNTY,
_?:::Ylt........_....,.
Pursuant to CPLR $3104, this Court's Civil Case Management Rules and the in-person
preliminary conference held by Bridget Gauntlett, Esq. Principal Law Clerk to the Honorable Paul
I. Marx, J.S.C. on November 14,2023:
APPEARANCES: For Plaintiff Kevin Klein, Esq.
For Defendants Jane Hogan Felix, Esq.
Pursuant to Preliminary Conference Order filed on April 27,2023 (NYSCEF Doc # 9),
Compliance Conference Order filed July 26, 2023, and the compliance conference held on
November 74,2023,
IT IS HEREBY ORDERED that disclosure shall proceed and be completed as
follows:
o Defendants shall serve their responses to Plaintiff s Demands and Supplemental Demands,
including the inspection report no later than November 17'2023;
o Defendants' depositions to held no later than January 5, 2024;
o Post EBT Demands related to Defendants' depositions shall be served no later than two (2)
weeks after the EBT is held, and responses to such Demands shall be served no later than
three (3) weeks after receipt of same;
It is further
ORDERED that NO extensions of discovery deadlines are allowed except with this
Court's prior written approval. Any request to extend discovery deadlines shall be made by
e-filed letter to the Court. All parties are particularly directed to comply with CPLR $3122 and
Uniform Rules 5202.17 (exchange of medical reports), .20 (interrogatories), .20-a (privilege logs),
L
1 of 2
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 09:22 AM INDEX NO. 58968/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/16/2023
.20-b (depositions), .20-c (document production), .20-d (entity depositions), .20-e (compliance)
and .20-f (discovery disputes); and it is further
ORDERED that all parties are to confer in good faith regarding all discovery issues (22
NYCRR 202.20-D. All parties shall use their best efforts to proceed with this action and pursue
discovery in a cooperative fashion. If there are any issues with discovery, counsel shall not wait
until the next conference to advise the Court of the issue. "[T]he counsel who believes that
discovery is not being conducted in accordance with the Court's Order is to contact the Court by
[e-filed] letter to advise of the nature of the dispute and the efforts that have been made to attempt
to resolve it. The Court will either resolve the issue by letter endorsed order or by scheduling a
conference to address it." Part Rules, Rule II(F). "The parties are NOT to make any motion
concerning discovery." Id.; and it is fuither
ORDERED, that failure to comply with Orders issued by the Court may result in discovery
being waived, striking of pleadings, preclusion of an affidavit on a motion for summary judgment,
or other appropriate relief pursuant to CPLR $3 126; and it is further
ORDERED, that all parties shall appear for a compliance conference in person with
Honorable Paul I. Marx, J.S.C. on January 22r2024 at 9:00 a.m.; and it is fuither
ORDERED, that the parties shall insure that a stipulation of discontinuance shall be
promptly filed if the case has settled before the next court appearance.
Dated: November lL,ZOZZ ENTER
White Plains, New
HON. PAUL I. MARX, J.S.C.
2
2 of 2
Document Filed Date
November 16, 2023
Case Filing Date
April 03, 2023
Category
Torts - Other (Premises)
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Preview
FILED: WESTCHESTER COUNTY CLERK 11/16/2023 09:22 AM INDEX NO. 58968/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COL]NTY OF WESTCHESTER HON. PAUL I. MARX, J.S.C. VI RGINIA MI SHKIN-ELAM, COMPLIANCE CONFERENCE ORDER Plaintiff, Index No.: 5896812023 -against- THE WESTCHESTER COUNTY DEPARTMENT OF PARKS RECREATION AND CONSERVATION and WESTCHESTER COLTNTY, _?:::Ylt........_....,. Pursuant to CPLR $3104, this Court's Civil Case Management Rules and the in-person preliminary conference held by Bridget Gauntlett, Esq. Principal Law Clerk to the Honorable Paul I. Marx, J.S.C. on November 14,2023: APPEARANCES: For Plaintiff Kevin Klein, Esq. For Defendants Jane Hogan Felix, Esq. Pursuant to Preliminary Conference Order filed on April 27,2023 (NYSCEF Doc # 9), Compliance Conference Order filed July 26, 2023, and the compliance conference held on November 74,2023, IT IS HEREBY ORDERED that disclosure shall proceed and be completed as follows: o Defendants shall serve their responses to Plaintiff s Demands and Supplemental Demands, including the inspection report no later than November 17'2023; o Defendants' depositions to held no later than January 5, 2024; o Post EBT Demands related to Defendants' depositions shall be served no later than two (2) weeks after the EBT is held, and responses to such Demands shall be served no later than three (3) weeks after receipt of same; It is further ORDERED that NO extensions of discovery deadlines are allowed except with this Court's prior written approval. Any request to extend discovery deadlines shall be made by e-filed letter to the Court. All parties are particularly directed to comply with CPLR $3122 and Uniform Rules 5202.17 (exchange of medical reports), .20 (interrogatories), .20-a (privilege logs), L 1 of 2 FILED: WESTCHESTER COUNTY CLERK 11/16/2023 09:22 AM INDEX NO. 58968/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/16/2023 .20-b (depositions), .20-c (document production), .20-d (entity depositions), .20-e (compliance) and .20-f (discovery disputes); and it is further ORDERED that all parties are to confer in good faith regarding all discovery issues (22 NYCRR 202.20-D. All parties shall use their best efforts to proceed with this action and pursue discovery in a cooperative fashion. If there are any issues with discovery, counsel shall not wait until the next conference to advise the Court of the issue. "[T]he counsel who believes that discovery is not being conducted in accordance with the Court's Order is to contact the Court by [e-filed] letter to advise of the nature of the dispute and the efforts that have been made to attempt to resolve it. The Court will either resolve the issue by letter endorsed order or by scheduling a conference to address it." Part Rules, Rule II(F). "The parties are NOT to make any motion concerning discovery." Id.; and it is fuither ORDERED, that failure to comply with Orders issued by the Court may result in discovery being waived, striking of pleadings, preclusion of an affidavit on a motion for summary judgment, or other appropriate relief pursuant to CPLR $3 126; and it is further ORDERED, that all parties shall appear for a compliance conference in person with Honorable Paul I. Marx, J.S.C. on January 22r2024 at 9:00 a.m.; and it is fuither ORDERED, that the parties shall insure that a stipulation of discontinuance shall be promptly filed if the case has settled before the next court appearance. Dated: November lL,ZOZZ ENTER White Plains, New HON. PAUL I. MARX, J.S.C. 2 2 of 2