FILED: QUEENS COUNTY CLERK 10/25/2017 05:08 PM
`NYSCEF DOC. NO. 120
`
`INDEX NO. 703782/2016
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`RECEIVED NYSCEF: 10/25/2017
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`Ex h ib it vvEvv
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`FILED: QUEENS COUNTY CLERK 10/25/2017 05:08 PM
`NYSCEF DOC. NO. 120
`PM
`UEENS COUNTY CLERK 03 08 2943 02
`LED:
`NYSCEF DOC . NO c 14
`
`INDEX NO. 703782/2016
`INDEX NO. 703782/2016
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/08/2017
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`Supreme Court oi the State of New York
`Queens County: Compliance Settlement and Conference Part
`Present: Hon.
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`Index Number:703782/16
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`Plalntltf(s)
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`Defendenl(s)
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`Date RJI filed :
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`Wmnllanae <2QnterenQe Qnler
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`Appearances:
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`Defendant(s)
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`Upon the Preiiminary Conference Order dated Q/ I /
`, and following a Compliance
`Conference held on '2./ I /17
`,
`and it appearing that disclosure previously ordered herein
`has not been completed, or that additional disclosure is warranted, it is hereby ODERED, that dis-
`closure shall proceed and be completed in accordance herewith, and it is further
`ORDERED that atl proceedings directed herein shall be completed cn or before the dates set
`forth. No adjournments are to be had without the Court's written approval, and adicummertts MAY
`NOT be had upon the stipulation of the of the parties alone, and It is further
`ORDEREDthat any failure to comply strictly with the terms of this order shati be grounds for the
`striking of pleadings or other relief pursuant to CPLFl 3126, and it is further
`ORDERED that disclosure demands now known to be necessary which are not raised at this
`conference are deemed to be waived, and it ls further
`
`Rsv'd January 22. 2015
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`1 o f 3
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`FILED
`MARr*482011
`
`COUNTY CLERK
`QUEENS cou.I\lTY
`
`

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`FILED: QUEENS COUNTY CLERK 10/25/2017 05:08 PM
`1
`NYSCEF DOC. NO. 120
`UEENS COUNTY CLERK 03 08 2017 02:22 PM
`LED:
`NYSCEF DOC 0 NO , 14
`
`INDEX NO. 703782/2016
`INDEX no. 703782/2016
`RECEIVED NYSCEF: 10/25/2017
`RECEIVED NYSCEF: 03/08/2017
`
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`DOCUMENTS, AuTHoRizAT|on§,_ nd OTHER o:scovERy AND INSPECTION:
`ORDERED that, on or beforevenfy days from the date hereof, the following doOuments,
`authorizations and other items for discovery and inspection shalt be produced:
`(AnyitemsleftoutstandingfromthosedlrededbypriorordersmustbespecitTeallyIdentifiedoraredeemedwaived)
`by the Plaintiff(s)° AEI medical reports and authorizations,
`as directed by 22 nvc|5 §2o2.17(b)
`and where the cause of death is in issue as directed by 22 NYCRR § 202.17(d). 0.f?<?»'aJ7/\'»O*'ZA:J»~J{
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`by the Defendants and Third-Party Defendants'
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`DEPOSITIONS'
`it is further ORDERED that all parties not yet deposed shall appear for deposition on:
`_ at time
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`date 'ii __
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`o'clock at: Dlace
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`¢for delptositions must be no more than 30 d
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`and it is further ORDERED that depositions shall continue from day to day untii completed,
`and it is further
`.
`PHYSICAL EXAMINATIONSI
`tion
`ORDERED that all defendants and other parties des ng to take the physical exami
`of any plaintiff shall designate, in writing, the physician(s) t
`ake the examination within tive days
`of the completion of the plaintiff's deposition, or within tot days of the date hereof. whichever is
`later. Failure to make such a designation shalt be
`e
`\ tver _f the right to take the
`examination. Ali physicat examinations must be c
`ays of the completion of
`the ptairltiff's deposition, or of the date hereof, whichever is later. Purs nt to 22 NYCRR §202.1/
`(c), copies of the reports of the physicians making examinations pursblant to this order shalt be
`sewed on all other parties within 45 days after completion of the exami ation, andit is further
`ORDERED: (insert any further provisions regarding physieal examinations)
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`MISCELLANEOUS'
`It is further ORDERED that any further third-party actions shall be commenced promptly
`upon discovery of the identity of the third-party defendants, but not more than thirty days after the
`completion of depositions, unless for good cause shown, and it is further
`ORDERED that parties aggrieved by failures to disclose must move promptly for relief or
`be deemed to have waived the outstanding items, and it is further
`_ ORDERED that any statutory stays of disclosure due to the pendency of motions pursuant
`to CPLR 3211, 3212 and 3213 are vacated, and all parties are stayed from moving for summary
`judgment pending the filing of a note of issue as directed herein, and it is further
`
`Rwd Maru: 18. 2004
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`2
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`2 of 3
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`INDEX NO. 703782/2016
`FILED: QUEENS COUNTY CLERK 10/25/2017 05:08 PM
`INDEX no. 708782/2016
`NYSCEF DOC. NO. 120
`RECEIVED NYSCEF: 10/25/2017
`FILED: QUEENS COUNTY CLERK 03/08./2017 02:22 PM
`RECEIVED NYSCEF: 03/08/2017
`NYSCEF DOC I NO. 14
`ORDERED that if plaintiff is a Medicare recipient or Medicare eligible, he/she shall within 30
`'days provide defendant with copies of ali correspondence to Medicare, as evidence of plaintiff's
`efforts io determine the outstanding claim against said plaintiff/beneficiary should one exist, e.g.
`final demand or conditional summary from CMS.
`
`an
`
`ORDERED that any parties failing to appear at this Conference shali be bound by the
`terms of this order and it is iurther
`URDERED that piaintift(s) shaii provide fresh HlPAA-compliant authorizations for release
`of medical records. not Iater than 60 days prior to trial, and Es further
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`(Anyitems ieft outstanding fvomthose directed by prior orders must bespeciflcally identified or aredeemedwaived)
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`h I s rve and tile a Note of issue and Certificate of
`ORDERED that plaintiff
`, and sha!! furnish to the Compliance Settle-
`Readiness on or betore
`(Coun use only)
`rea er a copy of the tiled Note of Issue and Certifi-
`ment and Con!erence Part within ten (10) d yst
`cate of Readiness, together with an affidavit of service, and that the failure to do so shall be grounds
`tor the imposition of sancii
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`FILED
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`Dated :
`
`MAR -8 2017
`
`CGUNTY CLERK
`QUEENS COUNTY
`
`SO ORDERED!
`
`H-.-
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`need more time to file a Note of issue, said
`Should piaintiff/
`party may contact chambers at (718) 298-1089, no later than s weeks before the Note of Issue
`is due.
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`r Plaintiff
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`Atiorn
`6» 44» ey for Defendant §
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`Receipt of a cgglf6f this ord853Dd-dEl11an[°| is acknowledged
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`RevdJanuary22.2015
`
`-3-
`3 o f 3
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