Preview
NYSCEF DOC. NO. 10 RECEIVER ATOR 01/25/2013
INSTRUCTIONS: PLEASE TYPE OR PRINT NEATLY MAKING SURE ALL
WRITING IS CLEAR AND LEGIBLE ON EACH COPY
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
penne ane -X IAS PART “ 38
GLORIA, TAWHELO, HON. KLUGE
Plaintiff(s)
Prelii inary Conference
-against- Stipulation and Order
For Medical, Dental and
qa) SiO p22, OPT Podiatric Malpractice
Q) Actions
@)
(4) INDEX NO: _$05700//2-
6)
rapate: /O-9-/2-
Defendant(s)
ae
BRIEF CASE DESCRIPTION:
ODIATRL CE 14 LYVCACT ICS
APPEARANCES:
CLYIUA TAKEO
Plaintiff:
| A
Firm: BrnierEe Owe Bopiaen Ujwlieas
By: Cl&en VES CHM EK
Phone/Fax:* ZL) 2- COl- 7700
[fp Jaa #67 4262.
E-mail:* QVERCWI CK E BlMTE Let, CO
* not for service purposes
-
NAME OF CASE: GLO72/4_ TACHI INDEX No. $oS100//2 pacer
Defendant 1: Cc NZ
Firm: ». Pw
By: LE
Phone/Fax:* PAAATIA
E-mail:* APLE. oun RYO 9A
* not for service
Defendant 2:
Firm:
By:
Phone/Fax:*
E-mail:*
* not for service
Defendant 3:
Firm:
By:
Phone/Fax:*
‘E-mail:*
* not for service purposes
If there are Defendants # 4 or #5 or others in this case, please insert pages for additional
parties.
56 of the Uniform
‘THIS ACTION having come on for a Preliminary Conference pursuant to Section 202.
Courts in order to establish a schedule for the completion of disclosure and
Rules of the New York State Trial
other related matters. The parties stipulate and it is hereby:
is further
ORDERED that the action is entitled to a preference pursuant to CPLR 3403(a)(5), and it
ORDERED that there is to be timely compliance with each of the items below within the time set forth
unless the time is extended by a “so-ordered” OR court-approved written stipulation.
NAME oF case: AOUA TAGE INDEX NO. LoS jee 2 PAGE 3
L INSURANCE INFORMATION
Insurance coverage information shall be provided in writing with respect to each defendant for all applicable
periods within 30 (thirty) days as follows [check applicable spaces]
Primary coverage, including insurance carrier, policy number(s) and policy coverage periods;
Excess coverage, including insurance carrier, policy number(s) and policy coverage periods; and
Declaration sheets.
i BILL OF PARTICULARS
(a) A further Verified Bill of Particulars shall be served upon each defendant within 20 (twenty) days as to the
following items:
(b) Defendant(s) shall serve upon plaintiffa Verified Bill of Particulars as to the affirmative defenses and/or
counterclaims in the Answer (when demanded) within 20 (twenty) days.
Hi. MEDICAL RECORDS AND AUTHORIZATIONS
(a) HIPAA-compliant medical authorizations, if not already provided with the Bill of Particulars, shall be
furnished to defendant(s) within 20 (twenty) days as to the following health care providers:
MEP
DC.
CP
ee- Psnstd / LX YNACDY
(b) Following plaintiff's deposition, plaintiff shall provide HIPAA-compliant authorizations for appropriate
records within 10 (ten) days of receipt of a written request from the defendant(s).
(6) Medical records shall be furnished by the defendant(s) within 30 (thirty) days as follows [check where
applicable, and identify specifically!
1.2 Office records, including reports and correspondence. D/&_ WZ &Z!
2. Hospital chart.
3, Billing records.
Autopsy report.
—Radiology film/report.
6.2%. Curriculum vitae of defendant (s). Zz
7. Hospital rules and regulations.
8. Other.
NAME OF CASE: biota Tit ysito INDEX NO. 5 1eo/, 2 PAGE 4
(d) Ifa medical record to be supplied by a defendant is not available, within 30 (thirty) days, an affidavit shall
be supplied by defendant, or by a records custodian with personal knowledge, which shall set forth a statement
concerning the customary record-keeping practices of the physician/hospital, and the date, nature and location
of the search conducted, including all efforts undertaken to locate such records.
(©) If the records described in paragraph (d) above are subsequently located, they shall be promptly supplied to
all parties. Any party who fails to produce such items more than 30 (thirty) days after they are located but, in
any event, no later than 30 (thirty) days prior to trial shall be precluded from introducing the items into evidence,
unless good cause is demonstrated.
Iv. DEPOSITIONS
* All dates listed below are dates certain and may NOT be adjourned untess the time is
extended by a “so-ordered” OR court-approved written stipulation.
Inability to obtain medical records prior to the deposition dates shall NOT be cause for
adjournment of the deposition. If the records subsequently obtained reveal the need for
additional information, a further limited deposition may be held by agreement of the parties
or by Order of the Court.
(a) Dates:
Pini) on before: 4fiolis
Defendant on or before “A 24 13
Defendant on or before
Defendant ‘on or before
Defendant on or before
Defendant on or before
D>] re DEPOSITION OF EACH DEFENDANT SHALL BE CONDUCTED ON THE DATE SET
FORTH ABOVE EVEN THOUGH AN EARLIER SCHEDULED DEPOSITION OF ANOTHER
DEFENDANT WAS NOT CONDUCTED.
NAME OF case: GLO TpeKEoo INDEXNO, £05708 /)2_ PAGE 5
(b) Deposition of Institutional Defendant(s):
Within 30 (thirty) days after plaintiff's deposition, plaintiff shall serve upon counsel for any institutional
defendant(s) a demand for the identificatio n of no mor re than 5 (five) health care providers who are referred to,
or made entries, in the medical records. Within 20 (twenty) days of service of the demand, the institutional
defendant(s) shall provide the full name and employment status of each of these individuals, and, if not under
the institution(s)’ control, thelast known address of each individual. Within 5 (five) business days thereafter,
plaintiff shall designate the first witness under the institution(s)’ control to be deposed and the institutional
defendant(s) shall produce said witness. Plaintiff shall then designate additional witnesses under defendant(s)’
control for deposition within 5 (five) business days after said EBT. If the institutional defendant(s) do not
voluntarily produce the additional requested witnesses within 20 (twenty) days of plaintiff's designation, plaintiff
may seck an order compelling additional depositions pursuant to statute.
All of these individuals shall be deposed on or before
(c) Non-Party Witness Depositions:
Plaintiff is to advise defendant(s) within 30 (thirty) days of this Preliminary Conference Order whether the
following non-party witnesses will be produced for deposition voluntarily, or whether a subpoena will be
necessary. If the latter, plaintiffis to provide the witnesses’ last known addresses within 30 (thirty) days of this
Stipulation and Order.
Name of Non-Party Witness:
Name of Non-Party Witness:
(@) Time and Place:
gi (8) shall be held at
(p.m).
Late He — » commencing
at
Defendant(s)’ deposition(s) shall be held as follows [List the time and place for each deposition]:
CO Ene FH 2p. /O!OD ay,
CoLL
(e) Objections:
. ALL questions asked at any deposition must be answered UNLESS they (a) infringe upon a privilege,
(b) bear SOLELY on the negligence ofa co-defendant and NOT in any way on the potential negligence
of the deponent, or (c) are palpably irrelevant,
Ifa party makes an objection as to form, the objector shall immediately and succinctly indicate the nature
of the defect so as to permit correction. In any event, the witness shall answer the question.
Depositions shall not be interrupted for an attorney-deponent conference.
“NAME OF CASE: Glue LE (3 ___ woexno._£05/00 Ji 2. PAGE 6
. Counsel for the deponent shall NOT engage in coaching during the deposition and shall NOT suggest
answers to questions (c.g. “If you know. ...”; “If you remember . . .”).
V. PHYSICAL EXAMINATIONS
3121 shall designate
Defendant(s) who wishes to conduct a physical or mental examination pursuant to CPLR
plaintiff's deposition. The
in writing an examining physician or other specialist within 30 (thirty) days of filing
examination of the plaintiff must be conducted at least 30 (thirty) days before the of the Note of Issue.
Specialty:
after
Defendant(s) shall serve upon all parties written reports of any examining, physician within 60 (sixty) days
the examination, and at least 30 (thirty) days before trial. Pursuant to CPLR 3121, plaintiff shall provide
defendant(s) with a written report by any non-treating examining physician within 60 (sixty) days after an
examination, and at least 60 (sixty) days before trial.
VIL OTHER DISCLOSURE *
(a) Witnesses: Parties shall exchange names and addresses of all FACT WITNESSES concerning liability
and/or damages (other than expert witnesses) no later than 60 (sixty) days before trial. Parties shall also
exchange adverse party statements within that same period.
(b) Photographs and Videotapes: Parties shall exchange all photographs and/or videotapes within 60 (sixty)
days after their creation and/or availability but not less than 30 (thirty) days before trial absent a showing of good
cause.
(©) Employment: if loss of earnings is claimed, authorizations for plaintiff's employment records (including
W-2’s, 1099"s and/or income tax returns) fora period of ___ years before the claimed malpractice and continuing
to date, shall be provided within 30 (thirty) days.
(d) Collateral Sources: Plaintiff shall provide authorizations for the following collateral soureé providers within
30 (thirty) days:
MEDICAID E Sf |
(e) Discovery Notices: Responses to the following outstanding Discovery and Inspection Notices shall be
furnished within 30 (thi
UP ory, LAE 2 DiScevaay Okreguas berm /-8-'3
+ This disclosure demand shall be considered ongoing and continuous. If requested items subsequently
become available, they are to be supplied immediately upon receipt of the same to all parties to the
action,
NAME or case:_Loreia Rk wwvExno._YO%C°//2 page
VIL. EXPERT EXCHANGE
Plaintiff shall serve a CPLR 3101(d) expert disclosure no later than 60 (sixty) days before trial.
Defendant(s) shall serve a CPLR 3101 (d) expert disclosure no later than 45 (forty-five) days before trial.
VIII. DEATH ACTIONS
In wrongful death actions, plaintiff shall provide the following when available within 30 (thirty) days. If not
currently available, then within 30 (thirty) days after receipt of the document: death certificate, letters of
administration or letters testamentary, marriage certificate, and authorization for the autopsy reports.
‘
IX. ADDITIONAL DIRECTIVES
AL FE Pee a fA SS SRI
Pst tetot Tf TPE
PST
PT OS tol! mde 34
Be S AY Aw QS SSS
x, NOTE OF ISSUE: The Note of Issue and Certificate of Readiness shall be filed on or before
Only
XI. SUMMARY JUDGEMENT AND/OR OTHER DISPOSITIVE MOTIONS
Motions for Summary Judgement and/or other dispositive motions shall be made no later than 60 (sixty) days
from the filing of the Note of Issue, unless the Court directs otherwise.
NAME OF Case: LOLA pilD _ worxno, 05100 [2 PAGE 8
XIL FURTHER DIRECTIVES: It is
ORDERED that failure to comply with the terms of this STIPULATION AND ORDER ‘may result in
sanctions as authorized by CPLR 3126, and it is further
—
ORDERED that a compliance conference shall be held on 2 at D/ 3
(AM) (PM), and it is further
ORDERED that ALL prior discovery orders of this court be brought to any and all subsequent
conferences.
Dated:
SO STIPULATE]
9
NZL
punt: DACKELD Defendant # 1, ce
uy
Printed Name: bien Vere tok. Printed Name:
Firm Name:,
“Be Lid é aso CET
wh
Firm Name:_S>Pe
girfle
S. ANSSS
es mame
Defendant #2. Defendant # 3,
Printed Name: Printed Name:
Firm Name: Firm Name:
Defendant # 4. Defendant # 5,
Printed Name: Printed Name:,
Firm Name: Firm Name:
so et HAAS RUE
‘OF THE SUPREME COURT
sivor
Preview
NYSCEF DOC. NO. 10 RECEIVER ATOR 01/25/2013 INSTRUCTIONS: PLEASE TYPE OR PRINT NEATLY MAKING SURE ALL WRITING IS CLEAR AND LEGIBLE ON EACH COPY SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK penne ane -X IAS PART “ 38 GLORIA, TAWHELO, HON. KLUGE Plaintiff(s) Prelii inary Conference -against- Stipulation and Order For Medical, Dental and qa) SiO p22, OPT Podiatric Malpractice Q) Actions @) (4) INDEX NO: _$05700//2- 6) rapate: /O-9-/2- Defendant(s) ae BRIEF CASE DESCRIPTION: ODIATRL CE 14 LYVCACT ICS APPEARANCES: CLYIUA TAKEO Plaintiff: | A Firm: BrnierEe Owe Bopiaen Ujwlieas By: Cl&en VES CHM EK Phone/Fax:* ZL) 2- COl- 7700 [fp Jaa #67 4262. E-mail:* QVERCWI CK E BlMTE Let, CO * not for service purposes - NAME OF CASE: GLO72/4_ TACHI INDEX No. $oS100//2 pacer Defendant 1: Cc NZ Firm: ». Pw By: LE Phone/Fax:* PAAATIA E-mail:* APLE. oun RYO 9A * not for service Defendant 2: Firm: By: Phone/Fax:* E-mail:* * not for service Defendant 3: Firm: By: Phone/Fax:* ‘E-mail:* * not for service purposes If there are Defendants # 4 or #5 or others in this case, please insert pages for additional parties. 56 of the Uniform ‘THIS ACTION having come on for a Preliminary Conference pursuant to Section 202. Courts in order to establish a schedule for the completion of disclosure and Rules of the New York State Trial other related matters. The parties stipulate and it is hereby: is further ORDERED that the action is entitled to a preference pursuant to CPLR 3403(a)(5), and it ORDERED that there is to be timely compliance with each of the items below within the time set forth unless the time is extended by a “so-ordered” OR court-approved written stipulation. NAME oF case: AOUA TAGE INDEX NO. LoS jee 2 PAGE 3 L INSURANCE INFORMATION Insurance coverage information shall be provided in writing with respect to each defendant for all applicable periods within 30 (thirty) days as follows [check applicable spaces] Primary coverage, including insurance carrier, policy number(s) and policy coverage periods; Excess coverage, including insurance carrier, policy number(s) and policy coverage periods; and Declaration sheets. i BILL OF PARTICULARS (a) A further Verified Bill of Particulars shall be served upon each defendant within 20 (twenty) days as to the following items: (b) Defendant(s) shall serve upon plaintiffa Verified Bill of Particulars as to the affirmative defenses and/or counterclaims in the Answer (when demanded) within 20 (twenty) days. Hi. MEDICAL RECORDS AND AUTHORIZATIONS (a) HIPAA-compliant medical authorizations, if not already provided with the Bill of Particulars, shall be furnished to defendant(s) within 20 (twenty) days as to the following health care providers: MEP DC. CP ee- Psnstd / LX YNACDY (b) Following plaintiff's deposition, plaintiff shall provide HIPAA-compliant authorizations for appropriate records within 10 (ten) days of receipt of a written request from the defendant(s). (6) Medical records shall be furnished by the defendant(s) within 30 (thirty) days as follows [check where applicable, and identify specifically! 1.2 Office records, including reports and correspondence. D/&_ WZ &Z! 2. Hospital chart. 3, Billing records. Autopsy report. —Radiology film/report. 6.2%. Curriculum vitae of defendant (s). Zz 7. Hospital rules and regulations. 8. Other. NAME OF CASE: biota Tit ysito INDEX NO. 5 1eo/, 2 PAGE 4 (d) Ifa medical record to be supplied by a defendant is not available, within 30 (thirty) days, an affidavit shall be supplied by defendant, or by a records custodian with personal knowledge, which shall set forth a statement concerning the customary record-keeping practices of the physician/hospital, and the date, nature and location of the search conducted, including all efforts undertaken to locate such records. (©) If the records described in paragraph (d) above are subsequently located, they shall be promptly supplied to all parties. Any party who fails to produce such items more than 30 (thirty) days after they are located but, in any event, no later than 30 (thirty) days prior to trial shall be precluded from introducing the items into evidence, unless good cause is demonstrated. Iv. DEPOSITIONS * All dates listed below are dates certain and may NOT be adjourned untess the time is extended by a “so-ordered” OR court-approved written stipulation. Inability to obtain medical records prior to the deposition dates shall NOT be cause for adjournment of the deposition. If the records subsequently obtained reveal the need for additional information, a further limited deposition may be held by agreement of the parties or by Order of the Court. (a) Dates: Pini) on before: 4fiolis Defendant on or before “A 24 13 Defendant on or before Defendant ‘on or before Defendant on or before Defendant on or before D>] re DEPOSITION OF EACH DEFENDANT SHALL BE CONDUCTED ON THE DATE SET FORTH ABOVE EVEN THOUGH AN EARLIER SCHEDULED DEPOSITION OF ANOTHER DEFENDANT WAS NOT CONDUCTED. NAME OF case: GLO TpeKEoo INDEXNO, £05708 /)2_ PAGE 5 (b) Deposition of Institutional Defendant(s): Within 30 (thirty) days after plaintiff's deposition, plaintiff shall serve upon counsel for any institutional defendant(s) a demand for the identificatio n of no mor re than 5 (five) health care providers who are referred to, or made entries, in the medical records. Within 20 (twenty) days of service of the demand, the institutional defendant(s) shall provide the full name and employment status of each of these individuals, and, if not under the institution(s)’ control, thelast known address of each individual. Within 5 (five) business days thereafter, plaintiff shall designate the first witness under the institution(s)’ control to be deposed and the institutional defendant(s) shall produce said witness. Plaintiff shall then designate additional witnesses under defendant(s)’ control for deposition within 5 (five) business days after said EBT. If the institutional defendant(s) do not voluntarily produce the additional requested witnesses within 20 (twenty) days of plaintiff's designation, plaintiff may seck an order compelling additional depositions pursuant to statute. All of these individuals shall be deposed on or before (c) Non-Party Witness Depositions: Plaintiff is to advise defendant(s) within 30 (thirty) days of this Preliminary Conference Order whether the following non-party witnesses will be produced for deposition voluntarily, or whether a subpoena will be necessary. If the latter, plaintiffis to provide the witnesses’ last known addresses within 30 (thirty) days of this Stipulation and Order. Name of Non-Party Witness: Name of Non-Party Witness: (@) Time and Place: gi (8) shall be held at (p.m). Late He — » commencing at Defendant(s)’ deposition(s) shall be held as follows [List the time and place for each deposition]: CO Ene FH 2p. /O!OD ay, CoLL (e) Objections: . ALL questions asked at any deposition must be answered UNLESS they (a) infringe upon a privilege, (b) bear SOLELY on the negligence ofa co-defendant and NOT in any way on the potential negligence of the deponent, or (c) are palpably irrelevant, Ifa party makes an objection as to form, the objector shall immediately and succinctly indicate the nature of the defect so as to permit correction. In any event, the witness shall answer the question. Depositions shall not be interrupted for an attorney-deponent conference. “NAME OF CASE: Glue LE (3 ___ woexno._£05/00 Ji 2. PAGE 6 . Counsel for the deponent shall NOT engage in coaching during the deposition and shall NOT suggest answers to questions (c.g. “If you know. ...”; “If you remember . . .”). V. PHYSICAL EXAMINATIONS 3121 shall designate Defendant(s) who wishes to conduct a physical or mental examination pursuant to CPLR plaintiff's deposition. The in writing an examining physician or other specialist within 30 (thirty) days of filing examination of the plaintiff must be conducted at least 30 (thirty) days before the of the Note of Issue. Specialty: after Defendant(s) shall serve upon all parties written reports of any examining, physician within 60 (sixty) days the examination, and at least 30 (thirty) days before trial. Pursuant to CPLR 3121, plaintiff shall provide defendant(s) with a written report by any non-treating examining physician within 60 (sixty) days after an examination, and at least 60 (sixty) days before trial. VIL OTHER DISCLOSURE * (a) Witnesses: Parties shall exchange names and addresses of all FACT WITNESSES concerning liability and/or damages (other than expert witnesses) no later than 60 (sixty) days before trial. Parties shall also exchange adverse party statements within that same period. (b) Photographs and Videotapes: Parties shall exchange all photographs and/or videotapes within 60 (sixty) days after their creation and/or availability but not less than 30 (thirty) days before trial absent a showing of good cause. (©) Employment: if loss of earnings is claimed, authorizations for plaintiff's employment records (including W-2’s, 1099"s and/or income tax returns) fora period of ___ years before the claimed malpractice and continuing to date, shall be provided within 30 (thirty) days. (d) Collateral Sources: Plaintiff shall provide authorizations for the following collateral soureé providers within 30 (thirty) days: MEDICAID E Sf | (e) Discovery Notices: Responses to the following outstanding Discovery and Inspection Notices shall be furnished within 30 (thi UP ory, LAE 2 DiScevaay Okreguas berm /-8-'3 + This disclosure demand shall be considered ongoing and continuous. If requested items subsequently become available, they are to be supplied immediately upon receipt of the same to all parties to the action, NAME or case:_Loreia Rk wwvExno._YO%C°//2 page VIL. EXPERT EXCHANGE Plaintiff shall serve a CPLR 3101(d) expert disclosure no later than 60 (sixty) days before trial. Defendant(s) shall serve a CPLR 3101 (d) expert disclosure no later than 45 (forty-five) days before trial. VIII. DEATH ACTIONS In wrongful death actions, plaintiff shall provide the following when available within 30 (thirty) days. If not currently available, then within 30 (thirty) days after receipt of the document: death certificate, letters of administration or letters testamentary, marriage certificate, and authorization for the autopsy reports. ‘ IX. ADDITIONAL DIRECTIVES AL FE Pee a fA SS SRI Pst tetot Tf TPE PST PT OS tol! mde 34 Be S AY Aw QS SSS x, NOTE OF ISSUE: The Note of Issue and Certificate of Readiness shall be filed on or before Only XI. SUMMARY JUDGEMENT AND/OR OTHER DISPOSITIVE MOTIONS Motions for Summary Judgement and/or other dispositive motions shall be made no later than 60 (sixty) days from the filing of the Note of Issue, unless the Court directs otherwise. NAME OF Case: LOLA pilD _ worxno, 05100 [2 PAGE 8 XIL FURTHER DIRECTIVES: It is ORDERED that failure to comply with the terms of this STIPULATION AND ORDER ‘may result in sanctions as authorized by CPLR 3126, and it is further — ORDERED that a compliance conference shall be held on 2 at D/ 3 (AM) (PM), and it is further ORDERED that ALL prior discovery orders of this court be brought to any and all subsequent conferences. Dated: SO STIPULATE] 9 NZL punt: DACKELD Defendant # 1, ce uy Printed Name: bien Vere tok. Printed Name: Firm Name:, “Be Lid é aso CET wh Firm Name:_S>Pe girfle S. ANSSS es mame Defendant #2. Defendant # 3, Printed Name: Printed Name: Firm Name: Firm Name: Defendant # 4. Defendant # 5, Printed Name: Printed Name:, Firm Name: Firm Name: so et HAAS RUE ‘OF THE SUPREME COURT sivor