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LAW OFFICE OF
JAROSLAWICZ & JAROS Lic
225 BROADWAY, 24TH FLOOR
NEW YorK, NEW YORK 10007
(212) 227-2780
David Jaroslawicz
(NY, FL & CA Bats)
Abraham Jaros
May 20, 2014
Via E-File & Email
smontgomery@rawle.com
Steven Montgomery, Esq.
Rawle & Henderson, LLP
14 Wall Street, 27" Floor
New York, New York 10005-2101
Re: — FRITH V. CITYWIDE MOBILE RESPONSE CoRP.
INDEX No, 0150879/ 2014
YOUR FILE No.: 803261
Counselor:
Attached please find the case scheduling order with respect to the above matter. As you
can see, all depositions must be completed by November 13, 2014. Accordingly, please
provide firm dates when you wish to depose the plaintiff and when you will produce your
client for a deposition.
If we do not hear from you by September 10, 2014 with firm dates, we shall have no choice
but to seek the¢durt’s guidance.
4
Very truly yours-—
tyre
=
David Jaroslawicz
/
t
DJ:rm —
enclosure
ce: Yvonne Cleland
Case Management Coordinator
via email ycleland@courts.state.ny.usFILED: NEW YORK COUNTY CLERK 05/20/2014 INDEX NO. 180879/2014
NYSCEF DOC. NO. 9 Supreme Court of the State of New York RECEIVED NYSCEF: 05/20/2014
New York County Courthouse
80 Centre Street
New York, New York 10013
DIFFERENTIATED CASE MANAGEMENT PROGRAM
PRESENT: HON, ARLENE P. BLUTH PART 22-DCM
To: RAWLE & HENDERSON, LLP. (For Defendant)
14 WALL ST, 27TH FL
NEW YORK, NY 10005,
Index # 0150879/2014
FRITH, TERELL «PLAINTIFF
v
CITYWIDE MOBILE RESPONSE CORP. ,»DEFENDANT
1
CASE SCHEDULING ORDER
A request for a preliminary conference having been filed or the court having taken action on ils own initiative,
IT IS HEREBY ORDERED that this case is assigned to the Motor Vehicle Part, having been designated as a
Motor Vehicle action, and disclosure not already furnished shall proceed in accordance with the deadlines set forth
below, vehicle action it he i tify Vv N
immediately for reassignment to the appropriate IAS part, by phone at 212-256-7710, fax at 212-952-1757,
or ¢-mail at yeleland@ courts.state.ny.us. The parties shall not in the first instance contact the Justice assigned.
NONE OF THE DATES IN THE ORDER MAY BE EXTENDED WITHOUT ADVANCE
APPROVAL BY THE COURT, All requests for extensions shall be made by ¢-mail 10 Yvonne Cleland
at: yeleland@ courts.state.ny,us AND Tammy Harwood at: tharwood@ courts.state.ny.us.
(1) Mandatory Notification: The attorney who receives a copy of this Order shall, within ten days from
reccipt, transmit a copy to counsel for all partics who have appeared in the case and to all self-represented
litigants and shall, by June 17, 2014, file with the County Clerk an original affidavit of service or letter
setting forth the dates the parties were served. In the event the above action has heen Electronically Filed
(E-filed) the original affidavit or letter shall be electronically filed,
(2) Insurance Information; All parties shall exchange insurance and coverage information by July 08, 2014,
(3) Billo Particulars; =A demand shall be served by June 17, 2014, A bill(s) shall be served by July 08, 2014.
(4) Authorizations: Authorizations HIPAA compliant medical records and for employment records for two:
years prior to the accident shall be served by June 24, 2014.
| This iy a conformed copy. The original order has been or will be filed with the County ClerkIndex # OLSO879/2014 Case of FRITH, TERELL ys, CITYWIDE MOBILE RESPONSE CORP,
(5) Witness and Other Inforn All parties shall exchang
names and addresses of all fact witne by July 08 2014, UL
that date an affirmation clearly so specifying.
statements of opposing parties, photographs, and the
any of these items do not exist, the parties shall serve by
(6) Depositions: All depositions must be completed by November 13, 2014, Plaintiff shall be deposed first and
defendants shall be deposed in the order in which their names appear in the caption, Within 20 days [rom service of
copy of this Order, the parties shall confer and agree upon a detailed schedule in compliance with this deadline, 1a
witness thereafer is unable to appear as scheduled, the parties shall confer and attempt! to agree upon a resolution of the
problem, including, if necessary, an alternative schedule or order of production. However, absent extraordinary
circumstances, the failure of one delendant to appear as scheduled shall not constitute an excuse for the refusal of others
to submit to deposition as scheduled and within the deadline fixed above.
(7) Demans
depositions
is; Demands for documents shall be served no later than 10 days after completion of
IL be responded to within 20 days from service.
and s
(8) Physical Examinations and Reports (Uniform Rule 202.17): Physival examination(s) of the plaintilY shal! be
completed by December 02, 2014, The examining party shall notily all other parties of the identity of the examining:
physician at least 20 days prior to said examination. Copies of medical reports shall be served by plaintill at least 15
days prior to said examination. A copy of the report af the examining physician shall be served on all parties within 2
days of said examination.
(9) Other Disclosure: All other disclosure shall be completed by November 11, 2014.
(10) Impleader: Shall be completed by November 11, 2014,
‘onterence; Will be held on December 15, 2014 at 9:30 am at 80 Centre Street,
Room 103,
(12) Note of Issue: Shall be determined at the final compliance conference, Should all discovery be completed prior to any:
scheduled compliance conference date parties may submit a stipulation to be so ordered, by g-mail to yeleland@caurts.statesny.us
or fay to 212-952-2757 prior to such date, indicating all discovery has been completed and providing for the filing of the Note of
Issue. Parties MAY NOT file thelr Note of Issue without court order, Notes of issue filed without court order
may be stricken sua sponte.
(13) Summary Judgment Motions: Summary judgment motions shall be made no later than 60 days after filing of the
note of issue (CPLR 3212 (a)).
RESOLUTION OF DISPUTES/PENALTIES FOR NON-COMPLIANCE
If disputes arise about compliance with this Order, the parties shall promptly confer in an effort to resolve them,
If that effort fails, the parties shall immediately, in advance of deadlines and prior to initiating motion practice,
bring the dispute to the attention of the Case Management Coordinator Tammy Harwood (by way of ¢-mail at:
tharwood@ courts,state.ny.us, or by telephone at 646-386-3682), who will cither schedule a conference or
advance a previously scheduled compliance conference. Absent good cause, failure to raise discovery problems
in advance of deadlines or other non-compliance with this Order, may result in the imposition of penalties upon
the offending party and, where warranted, upon counsel. Such penalties may include waiver of the discovery,
preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees. Counsel should be particularly
aware that penalties may be imposed in the event of the failure of a delendant to give notice of, designate a physician
lor, schedule, or conduct an examination of plaintitl as set forth herein, the failure et ndant to serve & report as
set forth herein, the failure of plaintifY to appear at an examination as required, and the failure of a party to schedule or
attend a deposition, Parties are encouraged to place their case on e-track at www.nycourts.gov .
RD,
Hon. Arlene P. Bluth
May 20,2014
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LAW OFFICE OF JAROSLAWICZ & JAROS Lic 225 BROADWAY, 24TH FLOOR NEW YorK, NEW YORK 10007 (212) 227-2780 David Jaroslawicz (NY, FL & CA Bats) Abraham Jaros May 20, 2014 Via E-File & Email smontgomery@rawle.com Steven Montgomery, Esq. Rawle & Henderson, LLP 14 Wall Street, 27" Floor New York, New York 10005-2101 Re: — FRITH V. CITYWIDE MOBILE RESPONSE CoRP. INDEX No, 0150879/ 2014 YOUR FILE No.: 803261 Counselor: Attached please find the case scheduling order with respect to the above matter. As you can see, all depositions must be completed by November 13, 2014. Accordingly, please provide firm dates when you wish to depose the plaintiff and when you will produce your client for a deposition. If we do not hear from you by September 10, 2014 with firm dates, we shall have no choice but to seek the¢durt’s guidance. 4 Very truly yours-— tyre = David Jaroslawicz / t DJ:rm — enclosure ce: Yvonne Cleland Case Management Coordinator via email ycleland@courts.state.ny.usFILED: NEW YORK COUNTY CLERK 05/20/2014 INDEX NO. 180879/2014 NYSCEF DOC. NO. 9 Supreme Court of the State of New York RECEIVED NYSCEF: 05/20/2014 New York County Courthouse 80 Centre Street New York, New York 10013 DIFFERENTIATED CASE MANAGEMENT PROGRAM PRESENT: HON, ARLENE P. BLUTH PART 22-DCM To: RAWLE & HENDERSON, LLP. (For Defendant) 14 WALL ST, 27TH FL NEW YORK, NY 10005, Index # 0150879/2014 FRITH, TERELL «PLAINTIFF v CITYWIDE MOBILE RESPONSE CORP. ,»DEFENDANT 1 CASE SCHEDULING ORDER A request for a preliminary conference having been filed or the court having taken action on ils own initiative, IT IS HEREBY ORDERED that this case is assigned to the Motor Vehicle Part, having been designated as a Motor Vehicle action, and disclosure not already furnished shall proceed in accordance with the deadlines set forth below, vehicle action it he i tify Vv N immediately for reassignment to the appropriate IAS part, by phone at 212-256-7710, fax at 212-952-1757, or ¢-mail at yeleland@ courts.state.ny.us. The parties shall not in the first instance contact the Justice assigned. NONE OF THE DATES IN THE ORDER MAY BE EXTENDED WITHOUT ADVANCE APPROVAL BY THE COURT, All requests for extensions shall be made by ¢-mail 10 Yvonne Cleland at: yeleland@ courts.state.ny,us AND Tammy Harwood at: tharwood@ courts.state.ny.us. (1) Mandatory Notification: The attorney who receives a copy of this Order shall, within ten days from reccipt, transmit a copy to counsel for all partics who have appeared in the case and to all self-represented litigants and shall, by June 17, 2014, file with the County Clerk an original affidavit of service or letter setting forth the dates the parties were served. In the event the above action has heen Electronically Filed (E-filed) the original affidavit or letter shall be electronically filed, (2) Insurance Information; All parties shall exchange insurance and coverage information by July 08, 2014, (3) Billo Particulars; =A demand shall be served by June 17, 2014, A bill(s) shall be served by July 08, 2014. (4) Authorizations: Authorizations HIPAA compliant medical records and for employment records for two: years prior to the accident shall be served by June 24, 2014. | This iy a conformed copy. The original order has been or will be filed with the County ClerkIndex # OLSO879/2014 Case of FRITH, TERELL ys, CITYWIDE MOBILE RESPONSE CORP, (5) Witness and Other Inforn All parties shall exchang names and addresses of all fact witne by July 08 2014, UL that date an affirmation clearly so specifying. statements of opposing parties, photographs, and the any of these items do not exist, the parties shall serve by (6) Depositions: All depositions must be completed by November 13, 2014, Plaintiff shall be deposed first and defendants shall be deposed in the order in which their names appear in the caption, Within 20 days [rom service of copy of this Order, the parties shall confer and agree upon a detailed schedule in compliance with this deadline, 1a witness thereafer is unable to appear as scheduled, the parties shall confer and attempt! to agree upon a resolution of the problem, including, if necessary, an alternative schedule or order of production. However, absent extraordinary circumstances, the failure of one delendant to appear as scheduled shall not constitute an excuse for the refusal of others to submit to deposition as scheduled and within the deadline fixed above. (7) Demans depositions is; Demands for documents shall be served no later than 10 days after completion of IL be responded to within 20 days from service. and s (8) Physical Examinations and Reports (Uniform Rule 202.17): Physival examination(s) of the plaintilY shal! be completed by December 02, 2014, The examining party shall notily all other parties of the identity of the examining: physician at least 20 days prior to said examination. Copies of medical reports shall be served by plaintill at least 15 days prior to said examination. A copy of the report af the examining physician shall be served on all parties within 2 days of said examination. (9) Other Disclosure: All other disclosure shall be completed by November 11, 2014. (10) Impleader: Shall be completed by November 11, 2014, ‘onterence; Will be held on December 15, 2014 at 9:30 am at 80 Centre Street, Room 103, (12) Note of Issue: Shall be determined at the final compliance conference, Should all discovery be completed prior to any: scheduled compliance conference date parties may submit a stipulation to be so ordered, by g-mail to yeleland@caurts.statesny.us or fay to 212-952-2757 prior to such date, indicating all discovery has been completed and providing for the filing of the Note of Issue. Parties MAY NOT file thelr Note of Issue without court order, Notes of issue filed without court order may be stricken sua sponte. (13) Summary Judgment Motions: Summary judgment motions shall be made no later than 60 days after filing of the note of issue (CPLR 3212 (a)). RESOLUTION OF DISPUTES/PENALTIES FOR NON-COMPLIANCE If disputes arise about compliance with this Order, the parties shall promptly confer in an effort to resolve them, If that effort fails, the parties shall immediately, in advance of deadlines and prior to initiating motion practice, bring the dispute to the attention of the Case Management Coordinator Tammy Harwood (by way of ¢-mail at: tharwood@ courts,state.ny.us, or by telephone at 646-386-3682), who will cither schedule a conference or advance a previously scheduled compliance conference. Absent good cause, failure to raise discovery problems in advance of deadlines or other non-compliance with this Order, may result in the imposition of penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of the discovery, preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees. Counsel should be particularly aware that penalties may be imposed in the event of the failure of a delendant to give notice of, designate a physician lor, schedule, or conduct an examination of plaintitl as set forth herein, the failure et ndant to serve & report as set forth herein, the failure of plaintifY to appear at an examination as required, and the failure of a party to schedule or attend a deposition, Parties are encouraged to place their case on e-track at www.nycourts.gov . RD, Hon. Arlene P. Bluth May 20,2014