FILED: RICHMOND COUNTY CLERK 10/16/2017 12:57 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 150044/2017
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`RECEIVED NYSCEF: 10/16/2017
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`ffi$l AstcNED: IIoN. rHoMAs P. ALrorrA. r.s.c.
`PRELIMINARY CONTERENCE ORDER
`PURSUANT TO PART 202 OF THE UNIFORM CIVIL RULES
`FOR THE SUPREME COURT RICHMOND COUNTY
`
`fry€D
`
`tpA
`
`- against -
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`Plaintiff(s),
`
`e tT/ ( "*"'('
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`Defendant(s).
`
`ATTORNEY:
`
`ATTORNEY:
`
`ATTORNEY:
`
`ATTORNEY:
`
`ATTORNEY:
`
`at 4l
`-rd.,r-fr. i A+a-SxatA FOR PLAINTIFF:
`
`DATE:
`
`Index #
`
`O0 .l.t'/
`
`Track Coordinator:
`IL
`
`lbe
`lLt 701
`
`frtl
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`FOR DEFENDANT:
`
`FOR DEFENDANT:
`
`FOR DEFENDANT:
`
`r.OR DEFENDANT:
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`IT IS HEREBY ORDERED THAT THIS ACTION IS ASSIGNED TO THE
`
`l) Insurance Coveraee (CPLR 3101lfl): If not already provided, shall be furnished by
`f
`onorbefore tt/?/rl
`/
`,
`,togetherwithasworn
`statement as to excess insurance coverage.
`4 az-a-z- ,
`2) Bill of Particulars: (strike out any portion not applicable).
`
`a) The municipal defendant(s)' time to answer the summons and complaint is extended and an answer
`together with a demand for a verified bill of particulars shall be served within 30 days of plaintif(s), hearing
`'plaintiff -
`pursuant to General Municipal Law 50(h), if not held prior to filing the summons and complaint.
`shall serve a bill of particulars within 30 days of receipt of the demand.
`. ht'
`b) Bill of particulars shall be served AV ,A,,/""^-"a-f a- t"r/(
`on or before
`. If a bill of pafiiculars is not sdrved in accordance'yith subdivision 2(a), the parties shall
`contact the court at 718-675-8620 for a relephone conference on tll .Z t t -
`
`Pagel tE
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`1 of 6
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`FILED: RICHMOND COUNTY CLERK 10/16/2017 12:57 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 150044/2017
`
`RECEIVED NYSCEF: 10/16/2017
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`3) Medical Reports and Authorizations shall be served as follows: (strike out any portion not applicable)
`a) HIppA compliant authorizations for all medical treatmen! physical therapy, chiropractic
`S records, prescriptions and diagnostic
`T/CAT Scans, NCV studies' andlor EMG
`or exacerbated by the alleged incident from
`or subsequent accidentVinjuries and
`
`urY of whatever tYPe, shall be served
`
`@icable)
`
`with confidential information redacted.
`
`4)@:
`a) Examination(s) of plaintiffshall be held within 4s' days of plaintiffs deposition. The
`*'
`examinations shall be conducte aat f(,J , f, frl I alh%%
`b) A copy of the physician(s), report shall be fumished to plaintiffwithin .td days of the examination
`or as per the C.P.L.R. and Court Rules.
`
`5) Denositions:
`
`a) Ifa hearing has not been
`appear on
`
`pursuant to General MuniciPal Law
`A.M./P.M. at the following
`
`plaintiffshall
`
`of
`
`€a
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`2 of 6
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`FILED: RICHMOND COUNTY CLERK 10/16/2017 12:57 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 150044/2017
`
`RECEIVED NYSCEF: 10/16/2017
`
`5) Denositions (continued):
`b) The parties shall appear for depositions as follows:
`Date & Time
`
`Denonent
`
`c) The 50(h) hearing and the depositions may not be adjoumed without Court approval' The parties
`must arrange for a conference call by contacting the Court at718-675-8620.
`
`6) Disclosure: (strike out any items not applicable)
`a) All parties shall exchange names and addresses of all eyewitnesses and notice witnesses, statements
`of opposing parties and photographs. If none exist, an affirmation to that effect on or befor e I f ?y''t
`b) Authorizations for plaintiff(s)' school records, employment records, Social Security Disability
`records, pension records and/or income tax returns including W-2 and/or 1099 forms for a period of ? "/tu''
`be fumished on or befor" tt/s/ ;
`f ""ffza-*< '
`fr* @shall
`c) Demand(s) for discovery and inspection shall be served by .t-"1 /4
`and responses and/or objections thereto shall be served within 30 days ofieceipt. i o* P,rh C//e^
`d) Accident reports prepared in the regular course of business shall be exchanged pursuant to CPLR
`3 101(g) on or before
`e) plaintiffshall provide on or before Uf z, I
`HIPAA compliant authorizations for the following
`d&/a-> t
`eapt^-'; *l
`collateral sourge providers (CPLR 4545)
`*'*q.f
`
`Page -? of
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`3 of 6
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`FILED: RICHMOND COUNTY CLERK 10/16/2017 12:57 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 150044/2017
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`RECEIVED NYSCEF: 10/16/2017
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`Departmental Accident Report from respective City ug""ry.
`Maintenance and repair records for department vehicle involved for one year prior
`t9 and including the date of the occlurence, if a vehicular defect is allegei in
`either the deparhnental accident report or the MV-104.
`Photos of damage to City vehicle,
`Records regarding post-accident repairs shall be supplied by the city unless
`determined by the court not to be relevant to an issui in the case.
`
`iii.
`iv.
`
`The City will provide the following
`plaintiff and a "so-ordered" unseali
`i.
`Complaint report
`ii.
`Complaint follow-up
`iii. Arrest report
`Memo book entries for i
`IV,
`On-line booking sheet
`V.
`vi.
`ies of the applicab
`and copyin
`
`90 days afterreceipt of an authoization from
`order:
`
`in question
`
`I Guide shall be made available by the City for
`ithin 90 days.
`
`tof
`Department of Ed
`Comprehensive
`subject to redaction ofi
`lleged information
`and Privacy Act, 20 U.S. C
`questioned, are subject to motion
`Witness statements, subject to redacti
`Family Education and Privacy Act, 20 U.
`redaction, if questioned, are subject to
`non-transitory conditions (including
`rds, written complaints and,
`intiffs accident.
`for the
`iv. For transitorv
`!ons, malntenance
`the condition comp
`for three
`occruTence.
`Surveillance videos to be provided in
`Any party who wishes to obtain prior written
`may do so by contacting Jackie Stagg at (Zl2
`search the index maintained at 1 Centre
`The New York City Police Department no
`accidents occurring after April 15, 1995.
`All searches shall be conducted based upon
`notice of claim.
`
`Report for the occurrence,
`t to the Family Education
`and nature of the redaction. if
`
`rivileged information pursuant to the
`Ch. 31. Extent and nature of the
`the statute.
`urrent conditions), maintenance and
`he extent applicable, related contracts
`
`and written complaints regarding
`prior to and including the date of the
`
`CPLR 3101(i).
`m, pursuant to GML $ 50-g,
`669-3422 td
`1rp an appointment to
`New York. NY.
`maintains MV-l
`
`nd 30 days for
`
`date and location as described iri
`
`ll.
`
`lll.
`
`G)
`(h)
`
`(i)
`
`0)
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`4 of 6
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`FILED: RICHMOND COUNTY CLERK 10/16/2017 12:57 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 150044/2017
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`RECEIVED NYSCEF: 10/16/2017
`
`(6X0
`
`l.
`
`ll.
`
`iii.
`iv.
`
`vi.
`vii.
`
`v.
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`11.
`
`ions for permits and permits for 2 years prior to *@
`and repair orders for 2 years prior to and including the date of
`
`Cut
`
`the
`
`Contracts and all re
`contract documents (i.e. Progress reports) for
`prior to and including
`date of occturence will be made available
`and copying at either
`Office of Corporation Counsel or the
`agency, upon a mutually
`venient appointment, but in no
`request for same plaintiff.
`days hereafter or a
`/
`Complaints made for 2 years
`l$r to and including the date of /ccurrence.
`A copy of the most recent
`ig Apple Pothole and f,idewalk protection
`Corporation map file for the area
`issue and if the inci
`occurred six months
`or less after the filing of the
`such map,
`the City shall also
`produce the last such map filed before
`most recsnt
`map for that location.
`
`o years
`rnspectron
`iate City
`more than 90
`
`to and including the date of
`
`including date of occrurence.
`maintenance of the traffic
`
`fecti
`Maintenance and repair records for 30 da
`occrl1Tence.
`Complaints made for 30 days prior to
`The name and address of contractor resu
`signal on the date of the occwrence.
`A copy of the title and signature
`certificates for all contracts in
`ofoccurrence.
`Contracts and all related
`prior to and including the
`and copying at either the
`agency, upon mutually
`days hereafter or a
`
`for two years prioi
`
`declaration sheet and/or
`and including the date
`
`documents (i.e. Progress
`of occurrence will be made av
`ffice of Corporation Counsel or
`,ent appointment, but in no
`uent request for same by plaintiff.
`
`) for two years
`le for inspection
`appropriate City
`more than 90
`
`Maintenance
`occulTence.
`Comolai
`
`repair records for 6 months prior to and including the
`
`made for 6 months prior to and including date of occrurence.
`
`operation Log (carting book) for the period of tvvo weeks prior to
`g the date ofoccurrence.
`District Snow Operation Book for the above period.
`lnoy Removal operation \eport (sR2) andspreading or plowing operation card
`for the above time period, if occurrerice took piace in th" road*urr
`
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`5 of 6
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`FILED: RICHMOND COUNTY CLERK 10/16/2017 12:57 PM
`NYSCEF DOC. NO. 18
`
`INDEX NO. 150044/2017
`
`RECEIVED NYSCEF: 10/16/2017
`
`6) Disclosure (continued): If discovery responses are not served within the time frame set forth in this Order,
`the parties shall contact the court at7l8'675-862oto schedule a telephone conference to resolve the issue.
`7) Motions:
`
`a) Impleader Motion(s) or Motion(s) to Amend the Pleadings or to Add parties shall be made within 45
`days of completion of depositions.
`
`b) Any dispositive motion(s) (CPLR 32.11 and 3212)shall be made within 60 days of the filing of the
`Note of Issue unless the court directs otherwise. PursuarJt to GPLR 3214(b)any dispositive motion served
`prior to the filing of the Note of Issue shall nor stay disclosure.
`c) No motion(s) regarding disclosure may be made without permission of the Court. If such a motion is
`authorized by the court the-Attorney's Affirmaiion must state thatihe court hasgranted permission for the
`application' Permission will not be granted tl-p1rte. The parties must arrange for a telephone conference to
`resolve any discovery dispute by contacting thacourt at 7is-675-g620.
`8) +di+{nments: The parties may not adjourn a conference or motion without the Court,s consent. The
`parties shall contact the court at7l8-675-g6zz or 718-675-8620to request permission and obtain the next
`available date.
`
`.
`
`Costs &'srnctioqsl Failure to comply with any of these directives may result in the imposition of costs
`9)
`:
`and/or sanctions or other action authorized by law, including preclusion or striking of pleadinlr.
`l0) All legal documents served in this action shall be filed/e-filed with the Clerk of the Court with
`confidential information redacted in accordance with the Rules of the Court
`
`. (DO NOT WRITE BELOW TI{E JUDGE'S SIGNATURE LINE)
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`Dated:
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`rafs/r7
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`SO ORDERED:
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`HON. THoMAS P. ALTOTTA, J. S. C.
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