Preview
FILED: KINGS COUNTY CLERK 03/16/2020 04:25 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/16/2020
STATE OF NEW YORK
UNIFIED COURT SYSTEM
1I1 CENTRE STREET
NEW YORK N.Y. 100'13
(646) 3864200
LAWRENCE K. MARKS GEORGE J. SILVER
Chief Administrative Judge Deputy Chief Admininrative
udqe
I
New York City Courts
ADMINISTRATIYE ORDER #371
AMENDED
By the authority vested in me as Deputy Chief Administrative Judge of the courts within
New York City, and as the coordinating judge of all cases filed under the Child Victims Actr (the
"CVA') within that jurisdiction, I hereby order as follows:
1. This Order applies to all cases filed or hereafter filed in the Supreme Courts in and for the
counties of Bronx, Kings, New York, Queens, and Richmond pursuant to the CVA,
including any such matters filed before the one-year window commenced on August 14,
2019, and which were then stayed pending the opening of the window on August 14, 2019.
2. While a steering committee negotiates a Case Management Order to address the efficient
prosecution and defense of cases fi1ed under the CVA, all Preliminary Conferences
cunently scheduled or requested as ofthe ellective date ofthis Order, and any requests for
Preliminary Conferences made after the effective date of this Order are adjourned to a
control date of January 31,2020.2
3. The time to respond to any discovery demands served by the parties as ofthe effective date
of this Order is adjourned without a date. No demands for discovery shall be served by
any party until further Order of this Court.
4. Plaintiffs' time to respond to stipulations and orders that consent to or direct the production
of identifuing information, consisting of a plaintifls name (including maiden name, if any),
date ofbirth, social secudty number, parents and/or guardian's names, current address, and
address at the time of the alleged abuse, for plaintiffs proceeding under pseudonyms is
extended to December 20,2019. Plaintiffs shall provide such identifying intbrmation to
I L. 2019 c-l I.
2
Parties may make an application to extend this, and other deadlines, as necessary.
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FILED: KINGS COUNTY CLERK 03/16/2020 04:25 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/16/2020
defense counsel in a manner other than disclosure in a public fi1ing on NYSCEF and as
agreed to by the parties. Nothing in this Order prevents plaintiffs from voluntarily
providing such identifying information at any time.
5. All papers in opposition to any Order to Show Cause or Notice of Motion, including
motions to dismiss under CPLR $3211 or $3212, but excluding motions to proceed
anonymously or by pseudonym, are adjoumed until January 31, 2020. Should the
motion(s) not be resolved and withdrawn by the parties as ofthat date, the Court will set
any additional due dates as necessary. No motions, other than motions to proceed
anonymously or by pseudonym, shall be filed prior to January 3 1, 2020 without permission
of the Courl. As such, no motions to dismiss under CPLR $321 1 or $3212 shall be filed
prior to January 31 ,2020.
6. The time to answer, move against, or otherwise respond to any complaint that has been
served as of the effective date of this Order is extended until further Order of the Courl.
This order supersedes any due dates for answers or motions previously stipulated to by the
parties and/or ordered by this Court.
7. The time to answer, move against, or otherwise respond to any complaint that is served
after the elfective date of this order, but prior to January 31, 2020, shall be extended until
a date stipulated to by the parlies or as directed by further Order of the Court.
8. Notwithstanding any stipulation or court order to the contraly, no motion to sever shall be
filed prior to January 31,2020. Consistent with the CPLR, motions to sever may be filed
after January 31,2020.
9. Counsel shall make a good faith effort to resolve any motions to dismiss or motions to
sever prior to filing such motions.
Dated: December 11, 2019
Hon J. Silver
Deputy f Admi nistrative Judge
New York City Courts
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Preview
FILED: KINGS COUNTY CLERK 03/16/2020 04:25 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/16/2020 STATE OF NEW YORK UNIFIED COURT SYSTEM 1I1 CENTRE STREET NEW YORK N.Y. 100'13 (646) 3864200 LAWRENCE K. MARKS GEORGE J. SILVER Chief Administrative Judge Deputy Chief Admininrative udqe I New York City Courts ADMINISTRATIYE ORDER #371 AMENDED By the authority vested in me as Deputy Chief Administrative Judge of the courts within New York City, and as the coordinating judge of all cases filed under the Child Victims Actr (the "CVA') within that jurisdiction, I hereby order as follows: 1. This Order applies to all cases filed or hereafter filed in the Supreme Courts in and for the counties of Bronx, Kings, New York, Queens, and Richmond pursuant to the CVA, including any such matters filed before the one-year window commenced on August 14, 2019, and which were then stayed pending the opening of the window on August 14, 2019. 2. While a steering committee negotiates a Case Management Order to address the efficient prosecution and defense of cases fi1ed under the CVA, all Preliminary Conferences cunently scheduled or requested as ofthe ellective date ofthis Order, and any requests for Preliminary Conferences made after the effective date of this Order are adjourned to a control date of January 31,2020.2 3. The time to respond to any discovery demands served by the parties as ofthe effective date of this Order is adjourned without a date. No demands for discovery shall be served by any party until further Order of this Court. 4. Plaintiffs' time to respond to stipulations and orders that consent to or direct the production of identifuing information, consisting of a plaintifls name (including maiden name, if any), date ofbirth, social secudty number, parents and/or guardian's names, current address, and address at the time of the alleged abuse, for plaintiffs proceeding under pseudonyms is extended to December 20,2019. Plaintiffs shall provide such identifying intbrmation to I L. 2019 c-l I. 2 Parties may make an application to extend this, and other deadlines, as necessary. 1 of 2 FILED: KINGS COUNTY CLERK 03/16/2020 04:25 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/16/2020 defense counsel in a manner other than disclosure in a public fi1ing on NYSCEF and as agreed to by the parties. Nothing in this Order prevents plaintiffs from voluntarily providing such identifying information at any time. 5. All papers in opposition to any Order to Show Cause or Notice of Motion, including motions to dismiss under CPLR $3211 or $3212, but excluding motions to proceed anonymously or by pseudonym, are adjoumed until January 31, 2020. Should the motion(s) not be resolved and withdrawn by the parties as ofthat date, the Court will set any additional due dates as necessary. No motions, other than motions to proceed anonymously or by pseudonym, shall be filed prior to January 3 1, 2020 without permission of the Courl. As such, no motions to dismiss under CPLR $321 1 or $3212 shall be filed prior to January 31 ,2020. 6. The time to answer, move against, or otherwise respond to any complaint that has been served as of the effective date of this Order is extended until further Order of the Courl. This order supersedes any due dates for answers or motions previously stipulated to by the parties and/or ordered by this Court. 7. The time to answer, move against, or otherwise respond to any complaint that is served after the elfective date of this order, but prior to January 31, 2020, shall be extended until a date stipulated to by the parlies or as directed by further Order of the Court. 8. Notwithstanding any stipulation or court order to the contraly, no motion to sever shall be filed prior to January 31,2020. Consistent with the CPLR, motions to sever may be filed after January 31,2020. 9. Counsel shall make a good faith effort to resolve any motions to dismiss or motions to sever prior to filing such motions. Dated: December 11, 2019 Hon J. Silver Deputy f Admi nistrative Judge New York City Courts 2 of 2