FILED: NASSAU COUNTY CLERK 11/06/2024 03:43 P
`FILED: NASSAU COUNTY CLERK 11/06/2024 03:43 PM
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`NYSCEF DOC. NO. 69
`NYSCEF DOC. NO. 69
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`INDEX NO. 609466/2023
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`INDEX NO. 609466/2023
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`RECEIVED NYSCEF: 11/01/2024
`RECEIVED NYSCEF: 11/01/2024
`SUPREME COURT COUNTY OF NASSAU
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`IAS JUSTICE HON. Eileen C. Daly-Sapraicone
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`sotaaledataeeaatatetaiaiateatateneemanstenntatotaiamecormenrommmmmetosimtiennremmnneeeeee3
`PROGRESSIVE SPECIALTY INSURANCE COMPANY
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`index No.: 8O9466/2025
`PRELIMINARY CONFERENCE ORDER
`
`~against-
`JOHNSON, MIKEL R ef al
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`Sections 202.8 & 202.12 & 202,19 of the
`Uniform Ruijes
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`oN
`C
`és;
`E
`Discovery Track:
`wacomneeeeenannanannnnneesennaneeensiinnmannennnamnnneannaaneneenai
`Arequest for a Preliminary Conference having been filed, or the Court having acted on iis own inillative pursuant fo 22
`NYCRR §202.12¢)}, itis hereby:
`
`ORDERED that disclosure shail proceed as follows:
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`1.
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`Insurance Coverage (CPLR 241014 {f}): If not already provided, shail be furnished by defendant(s} within 30 days of
`this Order.
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`2. Bl of Particulars/ interrogatories:
`a. not already served, a demandfor a Bill of Particulars or interrogatories shail be served by
`defendant{s} on or before 15 days from the date of this order.
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`bk. ABHof Particulars ar interrogatories shall be served on or before 30 days from the date of service of
`the demand.
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`c. {fan affirmative defense ar counterclaim is asserted, a Damand for a Bill of Particulars or interrogatories
`shall be served by plaintiff on or before 18 days from the date of this order. A response io such demand
`shall be served on or before 30 days from the date of service of the demand.
`
`3. Medical Reportis}, Record(s} and Authorization(s}: Gn or before 30 days fromthe daie of this order hereof, all
`parties shall provide upon request of another party a duly executed written authorizatione(s} f appficabie, for the
`follawing:
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`a Health care provider, and/or hospital, pharmacy and/or autopsy records:
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`b. Employment and/or attendance recards for the periad two years prior fo and one year after the date of
`the cecurrance/accident
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`c. No fauit fle;
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`d. Diagnostic tests and films:
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`e, Collateral source authorizations / workers comp records:
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`£ We and/or tax return records for self-employed individuals (if ihere is a loss of wages claim) for the
`period of two years prior fo and ane year after the date of the occurrence/accidant,
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`4.
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`Physical Examinations:
`a Examination(s} of plaintiff shall be noticed within 20 days of completionof ihe Plainti#'s depasition and
`heit within 45 days of serving of notice.
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`, Pursuant to 22 NYCRR §202.17(b), al least 20 days before such examination, plaintiff shall serve upon
`all other parties copies of the medical reports of thase physicians, actually in their possession, whe
`have previously treated or examined hinvher
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`c. Acopy of the examining physician's report shall be furnished to aff parties within 45 days of
`examination,
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`FILED: NASSAU COUNTY CLERK 11/06/2024 03:43 PM
`FILED: NASSAU COUNTY CLERK 11/06/2024 03:43 P
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`NYSCEF DOC. NO. 69
`NYSCEF DOC. NO. 69
`‘
`gWe
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`INDEX NO. 609466/2023
`INDEX NO. 609466/2023
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`RECEIVED NYSCEF: 11/01/2024
`RECEIVED NYSCEF: 11/01/2024
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`Depasitions:
`a Examinations before trial for all parties/non-parties shail be conducted on a mutually convenient date,
`time and location within 120 days of this arder as per Depasition Schedule Rider attached herate and
`made a part of this Preliminary Conference Order.
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`b&. EBTs SHALL NOT be adjourned to a later data without PRIOR Court approval.
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`c Attorneys seeking rulings aon objections or making apptication for any other relief pertaining fo the
`depositions shall communicate with the Individual Assigned Justice for a determination.
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`¢. Once begun, a deposition shall continue unt! completed ard shall not be adiournad without further
`order of the court,
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`a, The transcrint of an examination before tial shall be delivered to the party cepased within 30 days of
`the denosition and shall be returned. duly executed, pursuant io CPLR §3116,
`
`&We
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`Other Disclosure:
`a, Within 30 days from the date of this order, all parties shall exchange names and addresses of all
`witnesses, and shail exchange statements of opposing parties and photographs, or, if none, shall
`provide an affirmation to that effect.
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`b. Demand for discovery and inspection shall be served on parties and the items sought shall be produced
`to the extant not objected to pursuant io CPLR §2120, and objections, if any, shall be slated pursuant to
`GPLR §3122.
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`«. Accklent reports prepared in the regular course of business shail be exchanged pursuant to CPLR
`§3 704 ig}.
`
`the pariies shall produce the folowing within 45 days, if applicable:
`d. Additional Disclosure issues:
`{, Maintenance and repair records for 2 yaars prior to and including the date of the accurrence,
`2. Gontracts and all related cantract documents @.¢. Progress Reports) for 2 years prior io and
`including the date of the occurrence.
`e. Demands for documents shall be served within 30 days and shall be responded to within 30
`days from service of demand.
`
`f. No discovery mation shall be made without a good faith attempt by the parties to resolve the
`dispufe. Hf the cispute is not resolved, the parly seeking discovery shall request a
`conference with the Individual Assigned Justice.
`if the canferance does not resolve the
`dispute, 4 motion may be fled unless ofhenvise diracied by the Individual Assigned Justice.
`An Affirmation from the movant that a goad faith effort was made to resolve the discovery
`dispute arid that a conference with the Individual Assigned Justice was requested and held
`or denied, must accompany the mation in full campliance with 22 NYCRR §202.7(c}.
`
`Stipulations of Settlement or Discontinuance shail ba promptly fled in a case pursuant to 22 NYCRR §202.28
`before the next meeting with the Court, Failure to comply with any of these directions may result in the imposition of
`costs or sanctions or other action authorized by law.
`Motions: Any dispositive motion(s) (CPLR §22141 and §3042) shall be made on or before 80 days of the filing of the
`Nota of Issue.
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`Dispasitive Motions: Pursuant to CPLR §3214(), service of a Notice of Mation under rule 3211, 3212, or 9213
`shall NOT stay disclosure sending the determination of that mation.
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`impleader Motian(s} to amend the pleadings or to add parties shall be completed on or before 30 days from
`somnletion of EBTs,
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`
`ate?
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`End Date for all Disclosure:
`A
`
`;
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`ad
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`10.
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`12.
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`Compliance/Gertification Conference shall be held on 11/12/2024 at FOS) AMRent
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`2 of 4
`2 of 4
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`FILED: NASSAU COUNTY CLERK 11/06/2024 03:43 PM
`FILED: NASSAU COUNTY CLERK 11/06/2024 03:43 P
`
`NYSCEF DOC. NO. 69
`NYSCEF DOC. NO. 69
`
`INDEX NO. 609466/2023
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`INDEX NO. 609466/2023
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`
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`RECEIVED NYSCEF: 11/01/2024
`RECEIVED NYSCEF: 11/01/2024
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`43. Akernative Dispute Resolution:
`All counsel are directed io participate in a settlement conference with the assigned Justice fo be held on
`FUTB2024 at
`PO AMP
`Counselis directed to discuss with their Client{s} any altemative dispute resolution options available through
`the Court, which are as follows: {)) a settiement conference: ()) participation in a court alternative dispute
`reeolution program, or {li} alternative dispute resolution offered by private entities. Counsel shall file an
`Attomey Good Faith ADR Certificate certifying compliance pursuant to 22 NYCRR §202.41.
`
`At the first mediation conference, counsel must be fully familiar with the case and authorized to enterinto
`settiament agreement. Counsel is urged to have their client present at the settlement conference.
`If,
`however, counsel's clent is not able to appear, the client shall be available by telephone. {tis important ta
`note that participation in a mediation program does not waive any provisions within the Preliminary
`Conference Order or any timelines pursuant to NYCRR §202.19.
`
`Absent good cause, non-compliance with this Order, including the failure to raise discovery problems in
`advance of deadiines, may result in the imposition of panalties upon the offending party and, where warranted,
`upon counsel. Such penalties may Include waiver of the discovery, preclusion, dismissal, striking of a pleading,
`sosis, sanctions and attorney's faas, and it is farther;
`
`ORDERED,that the dates In this Order may not be extended without advance approval by the Court.
`Stipulations, unlesssqordered by the Court, will not be honored.
`i
`Poy ety
`be
`DATED:
`(0/4) | 24e47
`|
`ad
`. ws
`rs
`: peo a ue
`eX
`Macon ate Lia Yor
`arPEQee, VELA!
`FOV ED
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`oy”
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`ENTERED
`Nov 06 2024
`
`NASSAU COUNTY
`COUNTY CLERK'S OFFICE
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`3 of 4
`3 of 4
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`FILED: NASSAUCOUNTYCLERK113 735; ; DM RECEIVEDNYSCRE:SaasTOL(262
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`INDEX NO. 609466/2023
`FILED: NASSAU “COUNTY CLERK 11 67202403: 43 PM
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`FILED: NASSAU COUNTY CLERK 11/06/2024 03:43 PM
`NYSCEF DOC. NO. 69
`
`
`INDEX NO. 609466/2023
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`RECEIVED NYSCEF: 11/01/2024
`RECEIVED NYSCEF:
`2
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`Todex #:
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`HOSARSI2OI3
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`Caption:
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`PROGRESSIVE SPECIALTYINSURANCECOMPANYv,MIKE}. 8UCHNGON ol al
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`Judge's name:
`
`Po Date:
`
`
`Hon, Blived C.Galy-Sapraionne, J
`JQgweo2s
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`Deposition Schedule pursuant to S(a} of the Preliminary Conference Order:
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`Sa, Deposition Schedule:
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`Beponent:
`
`Date and Time:
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`Location:
`
`
`
`
`
`RydakDEDEaE“ENDAN]
`
`Sigaioy REFENGANTE
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`WAIVER
`
`RA
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`SAAIYER
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`Gabriel & Morott DEFERDANTS
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`WAIYED
`
`JsielmanDEFENDANTS
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`
`WAIVED
`
`
`
`cceeeetteueeecreense
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`WAVED
`
`i
`
`NA
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`MA
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`NAS
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`Coensceeennnte
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`Please specify the nature of the Injaries alleged in this action:
`
`NOUINSURIES - DECLARATORY JURGMENT ACTER
`
`SeeertieneineartaatnnnanetteaiiaaaeaeReninRTTRRRRAARRASRERORORnammannemanent\enVERSAASleeSQantimieLBNARSA9ANANA
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`Agreed ta by (Plesse Type Your Name Below}:
`
`Plaintiffis)
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`Defendantiys)
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`RAYONG: MAK REC. - MOCORMACK, MATTE & MOLLER
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`RITAN GQAGAN, ESC. LAW OFFICE OF EYLAN SAGAN, OF
`
`patnanmnnnnanenneneeeeennaeteneeteeeeeaaRRENa
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`QLEGRYBAK, ESQ
`
`
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`ESS, ENG. PME SKRALGY FARM ELS
`
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`oeeeeetteraterianaratetanyaantareSivateaMLAaNiaot
`SATTHER THOMAS SLEDSSINSRI,88. GABRIEL &CGSEES€ RE,
`
`GARY TSIRELMAN, gea.- GARY TSIRELMAM, PLO,
`ZARAAVARON ESO. ZARA JAYAROYV, ESQ. PO,
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`4 of 4
`4 of 4
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