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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU: COMMERCIAL DIVISION: PART 7
Hon. Sharon M.J. Gianelli
Plaintiff(s)/Petitioner(s), Index No:
-against- Preliminary Conference
Stipulation and Order
Defendant(s)/Respondent(s). Please note the following guidelines:
End date for fact discovery: RJI date + 360 days
End date for all discovery: RJI date + 390 days
RJI DATE:
Note of Issue date: End of all discovery + 60 days
Dispositive motions filed by: Note of Issue date + 60 days
TODAY’S DATE: In the event these timeframes have elapsed at the time of
the PC, please substitute RJI date with today’s date.
PART I: APPEARANCES
Please include your name, your firm’s name, address, and telephone number; your direct telephone number
email address, and the party you represent. Attach up to one (1) additional page for appearances, if necessary.
Counsel for Plaintiff(s)/Petitioner(s) Counsel for Defendant(s)/Respondent(s)
Counsel for Defendant(s)/Respondent(s) Counsel for Defendant(s)/Respondent(s)
Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C.
PART II: NATURE OF THE CASE
Please include a brief summary of the case. Attach a maximum of two (2) additional pages, if necessary.
BRIEF SUMMARY:
AMOUNT DEMANDED:
Claim(s): $
Cross Claim(s): $.
Counter Claim(s): $
DEFENSE(S) TO CLAIMS
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Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C.
PART III: CONFIDENTIALITY
The Court recognizes that most cases in the Commercial Division involve facts which are highly sensitive. In such
cases, in order to proceed to proper discovery, the Court may order the parties to enter into a Confidentiality
Agreement, which the Court will “So Order”. The parties are referred to the Model Confidentiality Agreement
found at https://www.nycbar.org/pdf/report/ModelConfidentiality.pdf. If the parties need to change the Model
Confidentiality Agreement, the parties are directed to submit a signed Confidentiality Agreement with the changes
and a RED LINE copy for the Court to review.
Please indicate:
The Parties L_] HAVE or [_] HAVE NOT entered into a Confidentiality Agreement.
The Parties (—] WILL or -_] WILL NOT enter into a Confidentiality Agreement.
If the Parties plan to enter into a Confidentiality Agreement, please indicate when:
The Court L-—] HAS or L_] HAS NOT so ordered the Confidentiality Agreement.
If so, please indicate when:
PART IV: DISCOVERY PROVISIONS
Section 202.70 Rules of the Commercial Division of the Supreme Court
Rule 8(a). Consultation prior to Preliminary and Compliance Conferences
Counsel for all parties shall consult prior to a preliminary or compliance conference about (i) resolution of the case,
in whole or in part; (ii) discovery and any other topics to be discussed at the conference, including electronic
discovery, as set forth in Rule 11-c, and the timing and scope of expert disclosure under Rule 13(c); (iii) the use of
alternate dispute resolution to resolve all or some issues in the litigation; and (iv) any voluntary and informal
exchange of information that the parties agree would help aid early settlement of the case. Counsel shall make a
good faith effort to reach agreement on these matters in advance of the conference.
Discovery shall proceed pursuant to the Commercial Division Rules found at:
http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70
PLEASE NOTE THAT MOTION PRACTICE DOES NOT STAY DISCOVERY ABSENT A
COURT ORDER.
A. Bill of Particulars
1. Demand for a Bill of Particulars shall be served by all parties on or before
2. Responses to Demands for a Bill of Particulars shall be served by all parties on or before
B. Document Production
All documents produced by any and all parties must be Bates stamped.
1. Initial demands for discovery and inspection shall be served by all parties on or before
2. Responses to demands for discovery and inspection shall be served by all parties on or before
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Preliminary Conference Order - Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C.
C. Interrogatories
1. Interrogatories shall be served by all parties on or before
2. Answers to Interrogatories shall be served by all parties on or before
D.D epositions
Attach one (1) additional page, if necessary.
Plaintiff's deposition shall be held on or before
First named Defendant’s deposition shall be held on or before
Second named Defendant’s deposition shall be held on or before
Third named Defendant’s deposition shall be held on or before
All Depositions must be completed by:
E. Other Disclosure
Include any case-specific issues. Attach one (1) additional page, if necessary.
F. Impleader
Defendant shall serve its third-party summons and complaint, if any, no later than fifteen (15)
days after the end of the last deposition of a named plaintiff and defendant and/or the last
deposition of a representative of a named party.
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Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C.
G. Discovery concerning Electronically Stored Information (ESI)
Section 202.70 Rules of the Commercial Division of the Supreme Court
Rule 11(c). Consultation prior to Preliminary and Compliance Conferences
Prior to the preliminary conference, counsel shall confer with regard to electronic discovery, including those set
forth in the ESI Guidelines. Topics on which the parties cannot agree shall be addressed with the Court at the
preliminary conference.
Do the parties expect ESI Discovery in this case?
LI yes L_Ino
L_] NOT SURE *The parties are referred to the non-exhaustive list provided in 22 NYCRR
202.12(b)(1) which can be found at: http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70
Please indicate the date the parties met and conferred:
Did the parties reach an agreement? CL] yes_L_]no
1. ESI DISCOVERY DIRECTIVES
The following must be updated and supplemented as new information becomes available.
a. Preservation: Please indicate for all Plaintiffs and all Defendants that the parties have
created a preservation plan; have identified the relevant custodians for each
computer/server and have designated the individual(s) responsible for the preservation of
ESI.
Please indicate the date the parties discussed a preservation plan.
b. Production: Please indicate that the parties have agreed to the scope and method for
reviewing ESI (including the relevant search terms or technology assisted review) and that
the parties have agreed on the extent, order and form of production and the projected
production schedule.
Please indicate the date the parties discussed a production plan.
c. Privilege logs and Redactions: Please identify how the parties will provide for the
identification, redaction, and logging of privileged or otherwise confidential ESI.
Please indicate the date the parties discussed privilege logs and Redactions.
d. Claw-Back Provisions for inadvertent production:
Please indicate the date the parties discussed Claw-Back provisions.
e. Costs: Each party shall bear its own cost of production pursuant to U.S. Bank Nat’] Assoc
v. Greenpoint Mtge. Funding Inc., 94 A.D. 3d 58 (1st Dep’t 2012). In the event that cost
shifting becomes an issue, the parties shall write a letter to the Court, of not more than
three (3) pages, outlining the problem prior to setting up a call with the Court.
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Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C.
f. Judicial Intervention:
Do the parties anticipate the need for judicial intervention concerning the scope and
methods for preserving and/or producing ESI? [—_]_ YES [7] No
2. Additional ESI Directives:
H. End of Fact Discovery
Fact discovery shall be completed by:
(RJI date plus 360 days)
1.E xpert Discovery
Pursuant to Commercial Division Rules 13(c) and (8) which mandate consultation with
opposing counsel, the Court hereby ORDERS that if any party intends to introduce expert
testimony at trial or in support of a motion for summary judgment, the parties, no later than
thirty (30) days prior to the completion of fact discovery, shall confer on a schedule for expert
disclosure, including identification of experts, the agreement to exchange expert reports, and
the timetable for the deposition of testifying experts. Expert disclosure shall be completed no
later than four (4) months after the completion of fact discovery.
In the event a party objects to this procedure or timetable, the parties shall request a conference
to discuss any objections with the Court.
Expert Disclosure shall precede the filing of a Note of Issue/Certificate of Readiness.
J. End Date of All Discovery
All discovery shall be completed by:
(RJI date plus 390 days)
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Preliminary Conference Order - Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C.
PART V. ALTERNATIVE DISPUTE RESOLUTION (ADR)
The Judges of the Commercial Division encourage all parties to work toward a proper and just
resolution of the issues in the case. The Judges of the Commercial Division believe that the
parties are better served the earlier a proper and just resolution can be reached. To that end, the
Judges ask the litigants in this case, on a continuous basis going forward, to consider the
following provisions:
1. Counsel for the parties have discussed or will be discussing the use of the following alternative
dispute mechanisms for this case: (Please indicate)
A Settlement Conference with the Judge Cc] yes L_] no
Participation in the Commercial Division’s Alternative Dispute Resolution Program
Cl yes_L_Jno
Retention of a privately retained mediator L_] yes _L_] no
Other alternate dispute mechanism C_] yes [1 no
2. Counsel for the parties recommend that the alternate dispute resolution mechanism set forth
above be employed at the following point in the case:
Within the next 60 days C_] yes_[-] no
30 days after document discovery is completed LJ yes 1 no
After Plaintiffs deposition _[-_] yES LJ] NO
At the close of fact discovery, and prior to expert discovery L_]_yvES_[-_] NO
PART VI: FINAL DIRECTIVES
1. Compliance Conference- Parties or their representative with knowledge of the case and
the Preliminary Conference Order shall appear for a Compliance Conference on
. (Today’s date plus 120 days)
2. Note of Issue- A copy of this PC Order and subsequent Compliance Orders shall be served
and filed with the Note of Issue.
Plaintiff (unless otherwise noted) shall file a Note of Issue/Certificate of Readiness on or before
. (End of all Discovery date plus 60 days)
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Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C.
3. Dispositive Motions- Such motions may be filed by Order to Show Cause or Notice of
Motion. The Court encourages the parties to confer and agree on the dates for the opposition
and reply papers to be exchanged and E-Filed. Pursuant to CPLR §3214(b), service of a Notice
of Motion under Rule §3211, §3212 or §3213 shall NOT stay disclosure pending the
determination of that motion, in the absence of a Court Order.
All dispositive motions shall be filed on or before . (Note of Issue date
plus 60 days)
4. The dates set forth herein may not be adjourned except with the approval of the
Court.
5. Additional directives, (if any):
Attorney for Plaintiff(s)
(Signature)
Attorney for Defendant(s)
(Signature)
Attorney for Defendant(s)
(Signature)
Attorney for Defendant(s)
(Signature)
DATE: SO ORDERED
Hon. Sharon M.J. Gianelli, J.S.C.
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU: COMMERCIAL DIVISION: PART 7 Hon. Sharon M.J. Gianelli Plaintiff(s)/Petitioner(s), Index No: -against- Preliminary Conference Stipulation and Order Defendant(s)/Respondent(s). Please note the following guidelines: End date for fact discovery: RJI date + 360 days End date for all discovery: RJI date + 390 days RJI DATE: Note of Issue date: End of all discovery + 60 days Dispositive motions filed by: Note of Issue date + 60 days TODAY’S DATE: In the event these timeframes have elapsed at the time of the PC, please substitute RJI date with today’s date. PART I: APPEARANCES Please include your name, your firm’s name, address, and telephone number; your direct telephone number email address, and the party you represent. Attach up to one (1) additional page for appearances, if necessary. Counsel for Plaintiff(s)/Petitioner(s) Counsel for Defendant(s)/Respondent(s) Counsel for Defendant(s)/Respondent(s) Counsel for Defendant(s)/Respondent(s) Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C. PART II: NATURE OF THE CASE Please include a brief summary of the case. Attach a maximum of two (2) additional pages, if necessary. BRIEF SUMMARY: AMOUNT DEMANDED: Claim(s): $ Cross Claim(s): $. Counter Claim(s): $ DEFENSE(S) TO CLAIMS Page 2 of 8 Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C. PART III: CONFIDENTIALITY The Court recognizes that most cases in the Commercial Division involve facts which are highly sensitive. In such cases, in order to proceed to proper discovery, the Court may order the parties to enter into a Confidentiality Agreement, which the Court will “So Order”. The parties are referred to the Model Confidentiality Agreement found at https://www.nycbar.org/pdf/report/ModelConfidentiality.pdf. If the parties need to change the Model Confidentiality Agreement, the parties are directed to submit a signed Confidentiality Agreement with the changes and a RED LINE copy for the Court to review. Please indicate: The Parties L_] HAVE or [_] HAVE NOT entered into a Confidentiality Agreement. The Parties (—] WILL or -_] WILL NOT enter into a Confidentiality Agreement. If the Parties plan to enter into a Confidentiality Agreement, please indicate when: The Court L-—] HAS or L_] HAS NOT so ordered the Confidentiality Agreement. If so, please indicate when: PART IV: DISCOVERY PROVISIONS Section 202.70 Rules of the Commercial Division of the Supreme Court Rule 8(a). Consultation prior to Preliminary and Compliance Conferences Counsel for all parties shall consult prior to a preliminary or compliance conference about (i) resolution of the case, in whole or in part; (ii) discovery and any other topics to be discussed at the conference, including electronic discovery, as set forth in Rule 11-c, and the timing and scope of expert disclosure under Rule 13(c); (iii) the use of alternate dispute resolution to resolve all or some issues in the litigation; and (iv) any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case. Counsel shall make a good faith effort to reach agreement on these matters in advance of the conference. Discovery shall proceed pursuant to the Commercial Division Rules found at: http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70 PLEASE NOTE THAT MOTION PRACTICE DOES NOT STAY DISCOVERY ABSENT A COURT ORDER. A. Bill of Particulars 1. Demand for a Bill of Particulars shall be served by all parties on or before 2. Responses to Demands for a Bill of Particulars shall be served by all parties on or before B. Document Production All documents produced by any and all parties must be Bates stamped. 1. Initial demands for discovery and inspection shall be served by all parties on or before 2. Responses to demands for discovery and inspection shall be served by all parties on or before Page 3 of 8 Preliminary Conference Order - Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C. C. Interrogatories 1. Interrogatories shall be served by all parties on or before 2. Answers to Interrogatories shall be served by all parties on or before D.D epositions Attach one (1) additional page, if necessary. Plaintiff's deposition shall be held on or before First named Defendant’s deposition shall be held on or before Second named Defendant’s deposition shall be held on or before Third named Defendant’s deposition shall be held on or before All Depositions must be completed by: E. Other Disclosure Include any case-specific issues. Attach one (1) additional page, if necessary. F. Impleader Defendant shall serve its third-party summons and complaint, if any, no later than fifteen (15) days after the end of the last deposition of a named plaintiff and defendant and/or the last deposition of a representative of a named party. Page 4 of 8 Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C. G. Discovery concerning Electronically Stored Information (ESI) Section 202.70 Rules of the Commercial Division of the Supreme Court Rule 11(c). Consultation prior to Preliminary and Compliance Conferences Prior to the preliminary conference, counsel shall confer with regard to electronic discovery, including those set forth in the ESI Guidelines. Topics on which the parties cannot agree shall be addressed with the Court at the preliminary conference. Do the parties expect ESI Discovery in this case? LI yes L_Ino L_] NOT SURE *The parties are referred to the non-exhaustive list provided in 22 NYCRR 202.12(b)(1) which can be found at: http://ww2.nycourts.gov/rules/trialcourts/202.shtml#70 Please indicate the date the parties met and conferred: Did the parties reach an agreement? CL] yes_L_]no 1. ESI DISCOVERY DIRECTIVES The following must be updated and supplemented as new information becomes available. a. Preservation: Please indicate for all Plaintiffs and all Defendants that the parties have created a preservation plan; have identified the relevant custodians for each computer/server and have designated the individual(s) responsible for the preservation of ESI. Please indicate the date the parties discussed a preservation plan. b. Production: Please indicate that the parties have agreed to the scope and method for reviewing ESI (including the relevant search terms or technology assisted review) and that the parties have agreed on the extent, order and form of production and the projected production schedule. Please indicate the date the parties discussed a production plan. c. Privilege logs and Redactions: Please identify how the parties will provide for the identification, redaction, and logging of privileged or otherwise confidential ESI. Please indicate the date the parties discussed privilege logs and Redactions. d. Claw-Back Provisions for inadvertent production: Please indicate the date the parties discussed Claw-Back provisions. e. Costs: Each party shall bear its own cost of production pursuant to U.S. Bank Nat’] Assoc v. Greenpoint Mtge. Funding Inc., 94 A.D. 3d 58 (1st Dep’t 2012). In the event that cost shifting becomes an issue, the parties shall write a letter to the Court, of not more than three (3) pages, outlining the problem prior to setting up a call with the Court. Page 5 of 8 Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C. f. Judicial Intervention: Do the parties anticipate the need for judicial intervention concerning the scope and methods for preserving and/or producing ESI? [—_]_ YES [7] No 2. Additional ESI Directives: H. End of Fact Discovery Fact discovery shall be completed by: (RJI date plus 360 days) 1.E xpert Discovery Pursuant to Commercial Division Rules 13(c) and (8) which mandate consultation with opposing counsel, the Court hereby ORDERS that if any party intends to introduce expert testimony at trial or in support of a motion for summary judgment, the parties, no later than thirty (30) days prior to the completion of fact discovery, shall confer on a schedule for expert disclosure, including identification of experts, the agreement to exchange expert reports, and the timetable for the deposition of testifying experts. Expert disclosure shall be completed no later than four (4) months after the completion of fact discovery. In the event a party objects to this procedure or timetable, the parties shall request a conference to discuss any objections with the Court. Expert Disclosure shall precede the filing of a Note of Issue/Certificate of Readiness. J. End Date of All Discovery All discovery shall be completed by: (RJI date plus 390 days) Page 6 of 8 Preliminary Conference Order - Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C. PART V. ALTERNATIVE DISPUTE RESOLUTION (ADR) The Judges of the Commercial Division encourage all parties to work toward a proper and just resolution of the issues in the case. The Judges of the Commercial Division believe that the parties are better served the earlier a proper and just resolution can be reached. To that end, the Judges ask the litigants in this case, on a continuous basis going forward, to consider the following provisions: 1. Counsel for the parties have discussed or will be discussing the use of the following alternative dispute mechanisms for this case: (Please indicate) A Settlement Conference with the Judge Cc] yes L_] no Participation in the Commercial Division’s Alternative Dispute Resolution Program Cl yes_L_Jno Retention of a privately retained mediator L_] yes _L_] no Other alternate dispute mechanism C_] yes [1 no 2. Counsel for the parties recommend that the alternate dispute resolution mechanism set forth above be employed at the following point in the case: Within the next 60 days C_] yes_[-] no 30 days after document discovery is completed LJ yes 1 no After Plaintiffs deposition _[-_] yES LJ] NO At the close of fact discovery, and prior to expert discovery L_]_yvES_[-_] NO PART VI: FINAL DIRECTIVES 1. Compliance Conference- Parties or their representative with knowledge of the case and the Preliminary Conference Order shall appear for a Compliance Conference on . (Today’s date plus 120 days) 2. Note of Issue- A copy of this PC Order and subsequent Compliance Orders shall be served and filed with the Note of Issue. Plaintiff (unless otherwise noted) shall file a Note of Issue/Certificate of Readiness on or before . (End of all Discovery date plus 60 days) Page 7 of 8 Preliminary Conference Order- Commercial Division: Part 7, Sharon M.J. Gianelli, J.S.C. 3. Dispositive Motions- Such motions may be filed by Order to Show Cause or Notice of Motion. The Court encourages the parties to confer and agree on the dates for the opposition and reply papers to be exchanged and E-Filed. Pursuant to CPLR §3214(b), service of a Notice of Motion under Rule §3211, §3212 or §3213 shall NOT stay disclosure pending the determination of that motion, in the absence of a Court Order. All dispositive motions shall be filed on or before . (Note of Issue date plus 60 days) 4. The dates set forth herein may not be adjourned except with the approval of the Court. 5. Additional directives, (if any): Attorney for Plaintiff(s) (Signature) Attorney for Defendant(s) (Signature) Attorney for Defendant(s) (Signature) Attorney for Defendant(s) (Signature) DATE: SO ORDERED Hon. Sharon M.J. Gianelli, J.S.C. Page 8 of 8