Preview
FILED: KINGS COUNTY CLERK 11/21/2014 12:25 PM INDEX NO. 507380/2014
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/21/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SOPHIA LOPEZ, by her mother and natural guardian
EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014
Plaintiffs,
- against -
AN JU LE YE LLC,
Defendant.
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CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1-a
The undersigned certifies the following documents pursuant to 22 NYCRR 130-1.1-a:
DEMAND FOR VERIFIED BILL OF PARTICULARS
DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW
NOTICE TO TAKE EXAMINATION BEFORE TRIAL
COMBINED DISCOVERY DEMANDS
Dated: New York, New York
November 21, 2014
Yours etc.,
GALLO VITUCCI KLAR LLP
____________________________
By: Chad E. Sjoquist
Attorneys for Defendant
90 Broad Street, 3rd Floor
New York, New York 10004
(212) 683-7100
To: All parties via electronic filing
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SOPHIA LOPEZ, by her mother and natural guardian
EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014
Plaintiffs, DEMAND FOR VERIFIED
BILL OF PARTICULARS
- against -
AN JU LE YE LLC,
Defendant.
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TO PLAINTIFFS:
PLEASE TAKE NOTICE that pursuant to Article 30 of the Civil Practice Law
and Rules, each Plaintiff is hereby required to serve a Verified Bill of Particulars upon the
undersigned within twenty (20) days after receipt of this Demand, setting forth the following:
1. Plaintiff’s present residence address.
2. Plaintiff’s date of birth.
3. Plaintiff’s social security number.
4. The date and approximate time of day of the incident that caused
Plaintiff’s alleged injuries.
5. The approximate location of the incident in sufficient detail so as to permit
accurate identification of such location.
6. A general description of the incident including the names of any witnesses
who were present when the incident occurred.
7. A general statement of the acts or omissions of Defendant constituting any
negligence claimed.
8. A statement of any physical, psychological or emotion injuries claimed to
have resulted from the incident including the approximate date of the
onset of symptoms of each of the injuries claimed.
9. A description of those injuries that Plaintiff’s claims are permanent.
10. The length of time that Plaintiff was confined to bed or home as a result of
the occurrence, with dates of confinement.
11. The length of time that Plaintiff was confined to a hospital or other health
care facility, as a result of the incident with the name and address of each
such hospital or facility and the dates of admission and discharge.
12. The date(s) that Plaintiff received treatment at any hospital, out-patient
department or clinic as a result of the incident with the name and address
of each such hospital or clinic.
13. The occupation of the Plaintiff at the time of the occurrence including the
name and address of each employer for the five (5) years preceding the
occurrence and Plaintiff’s job title and annual earnings for each of said
five years.
14. The length of time that Plaintiff was totally disabled as a result of the
incident including specific dates.
15. The length of time that Plaintiff was partially disabled as a result of the
incident including specific dates.
16. The total of special damages incurred to date with regard to the following:
(a) Physician’s services, including the name and
address of each physician who treated Plaintiff for
the injuries claimed to have been caused by or
aggravated by the incident.
(b) Medical supplies, including a description of each
item and the name and address of the supplier from
whom such supplies were purchased.
(c) Loss of earnings, including the dates that Plaintiff
missed from work and the manner in which said
loss is computed.
(d) Hospital expenses and clinic charges.
(e) X-rays, other than those for which charges were
included in hospital expenses.
(f) Nurses’ services, other than those for which charges
were included in hospital expenses.
(g) All other claimed special damages.
17. The names and addresses of all witnesses to the incident or to the facts and
circumstances surrounding it known to Plaintiff, her attorneys or their
representatives.
PLEASE TAKE FURTHER NOTICE that if Plaintiff fails to comply with the
foregoing demand within twenty (20) days, Defendant will move to preclude the offering of any
evidence as to the matters herein demanded, together with the costs of such application.
Dated: New York, New York
November 21, 2014
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Chad E. Sjoquist
Attorneys for Defendant
90 Broad Street, 3rd Floor
New York, New York 10004
(212) 683-7100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SOPHIA LOPEZ, by her mother and natural guardian
EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014
Plaintiffs, DEMAND FOR MEDICARE
INFORMATION PURSUANT TO
- against - MANDATORY REPORTING LAW
AN JU LE YE LLC,
Defendant.
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TO PLAINTIFFS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law
and Rules and 42 USC §1395y(b)(8)(A), Defendant demands that each Plaintiff furnish within
thirty (30) days of service of this notice the following:
1. A statement as to whether the Plaintiff has received benefits from either
Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant
action. If so, please state and/or provide:
a. Plaintiff’s full name;
b. Plaintiff’s gender
c. Plaintiff’s date of birth;
d. Plaintiff’s social security number;
e. Plaintiff’s primary telephone number;
f. The health insurance claim number and/or Medicare and/or Medicaid file
number;
g. The address of the office(s) handling Plaintiff’s Medicare and/or Medicaid
files;
h. A duly executed authorization bearing Plaintiff’s date of birth and social
security number permitting this firm and/or the representatives of
Defendant to obtain copies of Plaintiff’s Medicare/Medicaid records.
2. State whether Medicare and/or Medicaid has a lien and the amount of any
such lien.
3. Provide copies of all documents, records, memoranda, notes, etc., in
Plaintiff’s possession pertaining to Plaintiff’s receipt of Medicare and/or Medicaid benefits,
including copies of all documents provided to or received from the Medicare and/or Medicaid
administrator.
4. If any Medicaid and/or Medicare Secondary Payer (MSP) claims exist,
please provide a copy of the claim summary from Medicare and/or Medicaid regarding those
claims.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand that you
are required to serve the demanded information within 30 days of the date of this demand. If you
do not possess the above requested information, you must provide an affidavit to that effect.
Dated: New York, New York
November 21, 2014
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Chad E. Sjoquist
Attorneys for Defendant
90 Broad Street, 3rd Floor
New York, New York 10004
(212) 683-7100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------x
SOPHIA LOPEZ, by her mother and natural guardian
EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014
Plaintiffs, NOTICE TO TAKE
EXAMINATION BEFORE TRIAL
- against -
AN JU LE YE LLC,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules
Article 31, the undersigned will take on behalf of Defendant on the 26th day of March 2015, at
10:00 a.m. at a place to be determined, the oral examination of each Plaintiff, and the same will
continue from day to day until completed, concerning all of the relevant facts and circumstances
in connection with this litigation. Defendant reserves the right to use electronic audio and visual
means to record said examinations in conjunction with or instead of stenographic recordings
pursuant to applicable court rules.
PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the
testimony, the aforesaid parties are required to produce any and all documents, reports, and/or
records which may be used by the parties and parties’ witnesses so testifying to refresh their
recollection as to the matters hereinabove set forth.
Dated: New York, New York
November 21, 2014
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Chad E. Sjoquist
Attorneys for Defendant
90 Broad Street, 3rd Floor
New York, New York 10004
(212) 683-7100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------x
SOPHIA LOPEZ, by her mother and natural guardian
EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014
Plaintiffs, COMBINED DISCOVERY DEMANDS
- against -
AN JU LE YE LLC,
Defendant.
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DEMAND FOR AUTHORIZATIONS
Defendant hereby demands that each Plaintiff produce, pursuant to Civil Practice
Law and Rules Article 31, HIPAA-compliant, fully executed written authorizations permitting
Defendant to obtain all pharmaceutical, hospital (including any ambulance and emergency room
records, etc.) and treating physicians’ or mental health professionals’ medical records and reports
including dates of treatment, etc. relating to any physical or emotional injuries that Plaintiff
claims that she sustained as a result of the incident alleged in the complaint.
DEMAND FOR OPPOSING PARTY STATEMENTS
Defendant hereby demands that each Plaintiff produce, pursuant to Civil Practice
Law and Rules 3101(e) and 3120, and permits Defendant to discover, inspect, copy and
photograph any signed statement, unsigned statement, or copy of any recorded statement or
document made by, or taken from, Defendant, any agent, servant or employee of Defendant, or
any other relevant witness or any witness that Plaintiff may call at trial in this matter.
DEMAND FOR EXPERT WITNESS DISCLOSURE
Defendant hereby demands that each Plaintiff set forth the following:
a. The name and address of each and every person you expect
to call as an expert witness at the trial of this action.
b. In reasonable detail, the subject matter on which each
expert is expected to testify.
c. The substance of the facts and opinions on which each
expert is expected to testify.
d. The qualification of each expert witness.
e. A summary of the grounds for each expert’s opinion.
DEMAND FOR PHOTOGRAPHS/VIDEO
Defendant hereby demands that each Plaintiff produce, pursuant to Civil Practice
Law and Rules 3120, and permit Defendant to discover and inspect, copy and photograph the
following all photographs and/or video in any form showing the incident alleged in the
Complaint, the condition of the alleged accident location, any alleged injuries sustained by the
Plaintiff or any other place, person or object that is relevant to Plaintiffs’ lawsuit.
DEMAND FOR INCIDENT REPORTS and DOCUMENTS
Defendant hereby demands that each Plaintiff serve Defendant with full and
complete copies of all incident, accident, police, fire department, ambulance, paramedic or any
other report or any other document concerning, or arising from, the accident alleged in the
complaint or Plaintiffs’ alleged injuries from said incident.
DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
Defendant hereby demands that each Plaintiff set forth in writing the names and
addresses of each person known or claimed by you or any party you represent in this action to be
a witness to the incident alleged in the complaint or to any other matter relevant to Plaintiffs’
claims in this action.
DEMAND FOR COLLATERAL SOURCE INFORMATION
Defendant hereby demands that each Plaintiff serve upon the undersigned a
statement as to whether any part of the cost of medical care, dental care, custodial care,
rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein,
was replaced or indemnified, in whole or in part, from any collateral source, such as insurance,
social security (except those benefits provided under Title 18 of the Social Security Act),
workmen’s compensation, or employee benefit programs and, if so, the full name and address of
each organization or program (and policy or other identifying number, if applicable) providing
such replacement or indemnification, together with an itemized statement of the amount of each
such item of economic loss that was replaced or indemnified by each such organization or
program.
Defendant also demands that each Plaintiff provide the name and address (and
policy or other identifying number, if applicable) and statement of itemization of each such
organization or program to which a claim for reimbursement has been made but not yet been
paid or with regard to which Plaintiff reasonably anticipates in the future making a claim for
reimbursement.
Defendant hereby demands that each Plaintiff provide duly executed and properly
addressed original authorizations permitting the undersigned to obtain any records reflecting any
collateral source payment identified in response to the foregoing demand.
DEMAND FOR MEDICAL INFORMATION
Defendant hereby demands that Plaintiff serve upon Defendant the following:
a. The names and addresses of all physicians, pharmacies, clinics and other
health care providers of every description who have consulted, examined or treated each Plaintiff
for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the
complaint including, the date of such treatment or examination.
b. Copies of all medical reports, billing records and pharmaceutical records
in Plaintiff’s possession received from the providers identified in (a) above.
c. HIPAA-compliant authorizations permitting Defendant to obtain full and
complete records from each of the physicians, pharmacies, clinics and other health care providers
referenced in paragraph (a) above.
DEMAND FOR LOST WAGES RECORDS
If either Plaintiff is asserting a past or future lost wages claim, Defendant
demands that that Plaintiff produce duly executed authorizations for Plaintiff’s federal and state
income tax returns, W2 forms and other tax-related records that were filed in the years 2009 to
present, any other documents in Plaintiff’s possession that establish or prove the amount of her
income from 2009 to present, and an executed authorization permitting Defendant to obtain
Plaintiff’s complete employment file, including payroll information, from each of Plaintiff’s
employers from 2009 to present.
DEMAND FOR AFFIDAVIT OF SERVICE
Defendant hereby demands that Plaintiffs serve Defendant with a copy of the
affidavit of service arising from the summons and complaint in this matter.
PLEASE TAKE NOTICE that such authorizations and/or discovery documents
must be delivered to the undersigned within thirty (30) days from the date of this Notice.
PLEASE TAKE FURTHER NOTICE that failure to comply with these
demands will serve as a basis for a motion to preclude Plaintiffs upon the trial of this action from
offering proof relative to medical damages if such information, authorization and certificates are
not provided in accordance with these demands.
PLEASE TAKE FURTHER NOTICE that these are all continuing demands
and should any of the information requested become available to or known in the future, then
you are required to furnish same at such time.
PLEASE TAKE FURTHER NOTICE that all authorizations must include
proper names, including, but not limited to alternate names/aliases, full addresses, and all
necessary identification numbers such as social security numbers so that Defendant may obtain
the records referenced in said authorizations.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with
these demands, Defendant will make an application to stay all proceedings herein, in addition to
sanctions and other relief to be granted.
Dated: New York, New York
November 21, 2014
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Chad E. Sjoquist
Attorneys for Defendant
90 Broad Street, 3rd Floor
New York, New York 10004
(212) 683-7100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SOPHIA LOPEZ, by her mother and natural guardian,
EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014
Plaintiffs,
- against -
AN JU LE YE LLC,
Defendant.
-----------------------------------------------------------------x
DEMAND FOR VERIFIED BILL OF PARTICULARS
DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW
NOTICE TO TAKE EXAMINATION BEFORE TRIAL
COMBINED DISCOVERY DEMANDS
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
90 Broad Street, 3rd Floor
New York, New York 10004
Phone: (212) 683-7100
Fax: (212) 683-5555
Preview
FILED: KINGS COUNTY CLERK 11/21/2014 12:25 PM INDEX NO. 507380/2014 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/21/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014 Plaintiffs, - against - AN JU LE YE LLC, Defendant. -----------------------------------------------------------------x CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1-a The undersigned certifies the following documents pursuant to 22 NYCRR 130-1.1-a: DEMAND FOR VERIFIED BILL OF PARTICULARS DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW NOTICE TO TAKE EXAMINATION BEFORE TRIAL COMBINED DISCOVERY DEMANDS Dated: New York, New York November 21, 2014 Yours etc., GALLO VITUCCI KLAR LLP ____________________________ By: Chad E. Sjoquist Attorneys for Defendant 90 Broad Street, 3rd Floor New York, New York 10004 (212) 683-7100 To: All parties via electronic filing SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014 Plaintiffs, DEMAND FOR VERIFIED BILL OF PARTICULARS - against - AN JU LE YE LLC, Defendant. -----------------------------------------------------------------x TO PLAINTIFFS: PLEASE TAKE NOTICE that pursuant to Article 30 of the Civil Practice Law and Rules, each Plaintiff is hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand, setting forth the following: 1. Plaintiff’s present residence address. 2. Plaintiff’s date of birth. 3. Plaintiff’s social security number. 4. The date and approximate time of day of the incident that caused Plaintiff’s alleged injuries. 5. The approximate location of the incident in sufficient detail so as to permit accurate identification of such location. 6. A general description of the incident including the names of any witnesses who were present when the incident occurred. 7. A general statement of the acts or omissions of Defendant constituting any negligence claimed. 8. A statement of any physical, psychological or emotion injuries claimed to have resulted from the incident including the approximate date of the onset of symptoms of each of the injuries claimed. 9. A description of those injuries that Plaintiff’s claims are permanent. 10. The length of time that Plaintiff was confined to bed or home as a result of the occurrence, with dates of confinement. 11. The length of time that Plaintiff was confined to a hospital or other health care facility, as a result of the incident with the name and address of each such hospital or facility and the dates of admission and discharge. 12. The date(s) that Plaintiff received treatment at any hospital, out-patient department or clinic as a result of the incident with the name and address of each such hospital or clinic. 13. The occupation of the Plaintiff at the time of the occurrence including the name and address of each employer for the five (5) years preceding the occurrence and Plaintiff’s job title and annual earnings for each of said five years. 14. The length of time that Plaintiff was totally disabled as a result of the incident including specific dates. 15. The length of time that Plaintiff was partially disabled as a result of the incident including specific dates. 16. The total of special damages incurred to date with regard to the following: (a) Physician’s services, including the name and address of each physician who treated Plaintiff for the injuries claimed to have been caused by or aggravated by the incident. (b) Medical supplies, including a description of each item and the name and address of the supplier from whom such supplies were purchased. (c) Loss of earnings, including the dates that Plaintiff missed from work and the manner in which said loss is computed. (d) Hospital expenses and clinic charges. (e) X-rays, other than those for which charges were included in hospital expenses. (f) Nurses’ services, other than those for which charges were included in hospital expenses. (g) All other claimed special damages. 17. The names and addresses of all witnesses to the incident or to the facts and circumstances surrounding it known to Plaintiff, her attorneys or their representatives. PLEASE TAKE FURTHER NOTICE that if Plaintiff fails to comply with the foregoing demand within twenty (20) days, Defendant will move to preclude the offering of any evidence as to the matters herein demanded, together with the costs of such application. Dated: New York, New York November 21, 2014 Yours etc., GALLO VITUCCI KLAR LLP By: Chad E. Sjoquist Attorneys for Defendant 90 Broad Street, 3rd Floor New York, New York 10004 (212) 683-7100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014 Plaintiffs, DEMAND FOR MEDICARE INFORMATION PURSUANT TO - against - MANDATORY REPORTING LAW AN JU LE YE LLC, Defendant. -----------------------------------------------------------------x TO PLAINTIFFS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules and 42 USC §1395y(b)(8)(A), Defendant demands that each Plaintiff furnish within thirty (30) days of service of this notice the following: 1. A statement as to whether the Plaintiff has received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state and/or provide: a. Plaintiff’s full name; b. Plaintiff’s gender c. Plaintiff’s date of birth; d. Plaintiff’s social security number; e. Plaintiff’s primary telephone number; f. The health insurance claim number and/or Medicare and/or Medicaid file number; g. The address of the office(s) handling Plaintiff’s Medicare and/or Medicaid files; h. A duly executed authorization bearing Plaintiff’s date of birth and social security number permitting this firm and/or the representatives of Defendant to obtain copies of Plaintiff’s Medicare/Medicaid records. 2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien. 3. Provide copies of all documents, records, memoranda, notes, etc., in Plaintiff’s possession pertaining to Plaintiff’s receipt of Medicare and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare and/or Medicaid administrator. 4. If any Medicaid and/or Medicare Secondary Payer (MSP) claims exist, please provide a copy of the claim summary from Medicare and/or Medicaid regarding those claims. PLEASE TAKE FURTHER NOTICE that this is a continuing demand that you are required to serve the demanded information within 30 days of the date of this demand. If you do not possess the above requested information, you must provide an affidavit to that effect. Dated: New York, New York November 21, 2014 Yours etc., GALLO VITUCCI KLAR LLP By: Chad E. Sjoquist Attorneys for Defendant 90 Broad Street, 3rd Floor New York, New York 10004 (212) 683-7100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014 Plaintiffs, NOTICE TO TAKE EXAMINATION BEFORE TRIAL - against - AN JU LE YE LLC, Defendant. -----------------------------------------------------------------x PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules Article 31, the undersigned will take on behalf of Defendant on the 26th day of March 2015, at 10:00 a.m. at a place to be determined, the oral examination of each Plaintiff, and the same will continue from day to day until completed, concerning all of the relevant facts and circumstances in connection with this litigation. Defendant reserves the right to use electronic audio and visual means to record said examinations in conjunction with or instead of stenographic recordings pursuant to applicable court rules. PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the testimony, the aforesaid parties are required to produce any and all documents, reports, and/or records which may be used by the parties and parties’ witnesses so testifying to refresh their recollection as to the matters hereinabove set forth. Dated: New York, New York November 21, 2014 Yours etc., GALLO VITUCCI KLAR LLP By: Chad E. Sjoquist Attorneys for Defendant 90 Broad Street, 3rd Floor New York, New York 10004 (212) 683-7100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014 Plaintiffs, COMBINED DISCOVERY DEMANDS - against - AN JU LE YE LLC, Defendant. -----------------------------------------------------------------x DEMAND FOR AUTHORIZATIONS Defendant hereby demands that each Plaintiff produce, pursuant to Civil Practice Law and Rules Article 31, HIPAA-compliant, fully executed written authorizations permitting Defendant to obtain all pharmaceutical, hospital (including any ambulance and emergency room records, etc.) and treating physicians’ or mental health professionals’ medical records and reports including dates of treatment, etc. relating to any physical or emotional injuries that Plaintiff claims that she sustained as a result of the incident alleged in the complaint. DEMAND FOR OPPOSING PARTY STATEMENTS Defendant hereby demands that each Plaintiff produce, pursuant to Civil Practice Law and Rules 3101(e) and 3120, and permits Defendant to discover, inspect, copy and photograph any signed statement, unsigned statement, or copy of any recorded statement or document made by, or taken from, Defendant, any agent, servant or employee of Defendant, or any other relevant witness or any witness that Plaintiff may call at trial in this matter. DEMAND FOR EXPERT WITNESS DISCLOSURE Defendant hereby demands that each Plaintiff set forth the following: a. The name and address of each and every person you expect to call as an expert witness at the trial of this action. b. In reasonable detail, the subject matter on which each expert is expected to testify. c. The substance of the facts and opinions on which each expert is expected to testify. d. The qualification of each expert witness. e. A summary of the grounds for each expert’s opinion. DEMAND FOR PHOTOGRAPHS/VIDEO Defendant hereby demands that each Plaintiff produce, pursuant to Civil Practice Law and Rules 3120, and permit Defendant to discover and inspect, copy and photograph the following all photographs and/or video in any form showing the incident alleged in the Complaint, the condition of the alleged accident location, any alleged injuries sustained by the Plaintiff or any other place, person or object that is relevant to Plaintiffs’ lawsuit. DEMAND FOR INCIDENT REPORTS and DOCUMENTS Defendant hereby demands that each Plaintiff serve Defendant with full and complete copies of all incident, accident, police, fire department, ambulance, paramedic or any other report or any other document concerning, or arising from, the accident alleged in the complaint or Plaintiffs’ alleged injuries from said incident. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES Defendant hereby demands that each Plaintiff set forth in writing the names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to the incident alleged in the complaint or to any other matter relevant to Plaintiffs’ claims in this action. DEMAND FOR COLLATERAL SOURCE INFORMATION Defendant hereby demands that each Plaintiff serve upon the undersigned a statement as to whether any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein, was replaced or indemnified, in whole or in part, from any collateral source, such as insurance, social security (except those benefits provided under Title 18 of the Social Security Act), workmen’s compensation, or employee benefit programs and, if so, the full name and address of each organization or program (and policy or other identifying number, if applicable) providing such replacement or indemnification, together with an itemized statement of the amount of each such item of economic loss that was replaced or indemnified by each such organization or program. Defendant also demands that each Plaintiff provide the name and address (and policy or other identifying number, if applicable) and statement of itemization of each such organization or program to which a claim for reimbursement has been made but not yet been paid or with regard to which Plaintiff reasonably anticipates in the future making a claim for reimbursement. Defendant hereby demands that each Plaintiff provide duly executed and properly addressed original authorizations permitting the undersigned to obtain any records reflecting any collateral source payment identified in response to the foregoing demand. DEMAND FOR MEDICAL INFORMATION Defendant hereby demands that Plaintiff serve upon Defendant the following: a. The names and addresses of all physicians, pharmacies, clinics and other health care providers of every description who have consulted, examined or treated each Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint including, the date of such treatment or examination. b. Copies of all medical reports, billing records and pharmaceutical records in Plaintiff’s possession received from the providers identified in (a) above. c. HIPAA-compliant authorizations permitting Defendant to obtain full and complete records from each of the physicians, pharmacies, clinics and other health care providers referenced in paragraph (a) above. DEMAND FOR LOST WAGES RECORDS If either Plaintiff is asserting a past or future lost wages claim, Defendant demands that that Plaintiff produce duly executed authorizations for Plaintiff’s federal and state income tax returns, W2 forms and other tax-related records that were filed in the years 2009 to present, any other documents in Plaintiff’s possession that establish or prove the amount of her income from 2009 to present, and an executed authorization permitting Defendant to obtain Plaintiff’s complete employment file, including payroll information, from each of Plaintiff’s employers from 2009 to present. DEMAND FOR AFFIDAVIT OF SERVICE Defendant hereby demands that Plaintiffs serve Defendant with a copy of the affidavit of service arising from the summons and complaint in this matter. PLEASE TAKE NOTICE that such authorizations and/or discovery documents must be delivered to the undersigned within thirty (30) days from the date of this Notice. PLEASE TAKE FURTHER NOTICE that failure to comply with these demands will serve as a basis for a motion to preclude Plaintiffs upon the trial of this action from offering proof relative to medical damages if such information, authorization and certificates are not provided in accordance with these demands. PLEASE TAKE FURTHER NOTICE that these are all continuing demands and should any of the information requested become available to or known in the future, then you are required to furnish same at such time. PLEASE TAKE FURTHER NOTICE that all authorizations must include proper names, including, but not limited to alternate names/aliases, full addresses, and all necessary identification numbers such as social security numbers so that Defendant may obtain the records referenced in said authorizations. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with these demands, Defendant will make an application to stay all proceedings herein, in addition to sanctions and other relief to be granted. Dated: New York, New York November 21, 2014 Yours etc., GALLO VITUCCI KLAR LLP By: Chad E. Sjoquist Attorneys for Defendant 90 Broad Street, 3rd Floor New York, New York 10004 (212) 683-7100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x SOPHIA LOPEZ, by her mother and natural guardian, EILEEN LOPEZ and EILEEN LOPEZ, Individually, Index No.: 507380/2014 Plaintiffs, - against - AN JU LE YE LLC, Defendant. -----------------------------------------------------------------x DEMAND FOR VERIFIED BILL OF PARTICULARS DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW NOTICE TO TAKE EXAMINATION BEFORE TRIAL COMBINED DISCOVERY DEMANDS GALLO VITUCCI KLAR LLP Attorneys for Defendant 90 Broad Street, 3rd Floor New York, New York 10004 Phone: (212) 683-7100 Fax: (212) 683-5555