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= = INDEX NO. 151998/2014
NYSCEF BOC. NO. 28 Supreme Court of the State of New York RECEIVED NYSCEF: 11/12/2014
New York County Courthouse
80 Centre Street
New York, New York 10013
DIFFERENTIATED CASE MANAGEMENT PROGRAM
PRESENT: HON. ARLENE P. BLUTH PART 22-DCM
To: RAWLE & HENDERSON, LLP (For Defendant)
14 WALL ST, 27TH FL
NEW YORK, NY 10005
Index # 0151998/2014
CHALLENGER, THORA CLAUDETTE »PLAINTIFF
Vv
LAMADELEINE, GEORGE J ,»DEFENDANT
CASE SCHEDULING ORDER
A request for a preliminary conference having been filed or the court having taken action on its own initiative,
IT IS HEREBY ORDERED that this case is assigned to the Motor Vehicle Part, having been designated as a
Motor Vehicle action, and disclosure not already furnished shall proceed in accordance with the deadlines set forth
below. If this has been designated a motor vehicle action in error, the parties are to notify Yvonne Clelan
immediately for reassignment to the appropriate IAS part, by phone at 212-256-7710, fax at 212-952-1757,
or e-mail at ycleland@courts.state.ny.us. The parties shall not in the first instance contact the Justice assigned.
NONE OF THE DATES IN THE ORDER MAY BE EXTENDED WITHOUT ADVANCE
APPROVAL BY THE COURT. All requests for extensions shall be made by e-mail to Yvonne Cleland
at: yeleland@courts.state.ny.us AND Tammy Harwood at: tharwood@courts.state.ny.us.
(1) Mandatory Notification: The attorney who receives a copy of this Order shall, within ten days from
receipt, transmit a copy to counsel for all parties who have appeared in the case and to all self-represented
litigants and shall, by November 25, 2014, file with the County Clerk_an original affidavit of service or
letter setting forth the dates the parties were served. In the event the above action has been Electronically
Filed (E-filed) the original affidavit or letter shall be electronically filed.
(2) Insurance Information: All parties shall exchange insurance and coverage information by December 16, 2014.
(3) Bill of Particulars: A demand shall be served by December 02, 2014. A bill(s) shall be served by December
16, 2014,
(4) Authorizations: Authorizations for HIPAA compliant medical records and for employment records for two
years prior to the accident shall be served by December 02, 2014.
1 This is a conformed copy. The original order has been or will be filed with the County Clerk
Index # 0151998/2014 Case of CHALLENGER, THORA CLAUDETTE vs, LAMADELEINE, GEORGE J
(5) Witness and Other Information: All parties shall exchange statements of opposing parties, photographs, and the
names and addresses of all fact witnesses by December 16, 2014. If any of these items do not exist, the parties shall
serve by that date an affirmation clearly so specifying.
(6) Depositions: All depositions must be completed by March 31, 2015. Plaintiff shall be deposed first and defendants
shall be deposed in the order in which their names appear in the caption. Within 20 days from service of a copy of this
Order, the parties shall confer and agree upon a detailed schedule in compliance with this deadline. If a witness
thereafter is unable to appear as scheduled, the parties shall confer and attempt to agree upon a resolution of the
problem, including, if necessary, an alternative schedule or order of production. However, absent extraordinary
circumstances, the failure of one defendant to appear as scheduled shall not constitute an excuse for the refusal of others
to submit to deposition as scheduled and within the deadline fixed above.
(7) Demands for Documents: Demands for documents shall be served no later than 10 days after completion of
depositions and shall be responded to within 20 days from service.
(8) Physical Examinations and Reports (Uniform Rule 202.17): Physical examination(s) of the plaintiff shall be
completed by May 12, 2015. The examining party shall notify all other parties of the identity of the examining
physician at least 20 days prior to said examination. Copies of medical reports shall be served by plaintiff at least 15
days prior to said examination, A copy of the report of the examining physician shall be served on all parties within 21
days of said examination.
(9) Other Disclosure: All other disclosure shall be completed by April 28, 2015.
(10) Impleader: Shall be completed by April 28, 2015.
(11) Mandatory Compliance Conference: Will be held on May 18, 2015 at 9:30 am at 80 Centre Street, Room
103.
(12) Note of Issue: Shall be determined at the final compliance conference. Should all discovery be completed prior to any
scheduled compliance conference date parties may submit a stipulation to be so ordered, by e-mail to ycleland@courts.state.ny.us
or fax to 212-952-2757 prior to such date, indicating all discovery has been completed and providing for the filing of the Note of
Issue. Parties MAY NOT file their Note of Issue without court order. Notes of issue filed without court order
may be stricken sua sponte.
(13) Summary Judgment Motions: Summary judgment motions shall be made no later than 60 days after filing of the
note of issue (CPLR 3212 (a)).
RESOLUTION OF DISPUTES/PENALTIES FOR NON-COMPLIANCE
If disputes arise about compliance with this Order, the parties shall promptly confer an effort to resolve them.
If that effort fails, the parties shall immediately, in advance of deadlines and prior to initiating motion practice,
bring the dispute to the attention of the Case Management Coordinator Tammy Harwood (by way of e-mail at:
tharwood@courts.state.ny.us, or by telephone at 646-386-3682), who will either schedule a conference or
advance a previously scheduled compliance conference. Absent good cause, failure to raise discovery problems
in advance of deadlines or other non-compliance with this Order, may result in the imposition of penalties upon
the offending party and, where warranted, upon counsel. Such penalties may include waiver of the discovery,
preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees. Counsel should be particularly
aware that penalties may be imposed in the event of the failure of a defendant to give notice of, designate a physician
for, schedule, or conduct an examination of plaintiff as set forth herein, the failure of said defendant to serve a report as
set forth herein, the failure of plaintiff to appear at an examination as required, and the failure of a party to schedule or
attend a deposition. Parties are encouraged to place their case on e-track at Wwww.nycourts.gov .
fetn,
Hon. Arlene P. Bluth
JSC Nov 12, 2014
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= = INDEX NO. 151998/2014 NYSCEF BOC. NO. 28 Supreme Court of the State of New York RECEIVED NYSCEF: 11/12/2014 New York County Courthouse 80 Centre Street New York, New York 10013 DIFFERENTIATED CASE MANAGEMENT PROGRAM PRESENT: HON. ARLENE P. BLUTH PART 22-DCM To: RAWLE & HENDERSON, LLP (For Defendant) 14 WALL ST, 27TH FL NEW YORK, NY 10005 Index # 0151998/2014 CHALLENGER, THORA CLAUDETTE »PLAINTIFF Vv LAMADELEINE, GEORGE J ,»DEFENDANT CASE SCHEDULING ORDER A request for a preliminary conference having been filed or the court having taken action on its own initiative, IT IS HEREBY ORDERED that this case is assigned to the Motor Vehicle Part, having been designated as a Motor Vehicle action, and disclosure not already furnished shall proceed in accordance with the deadlines set forth below. If this has been designated a motor vehicle action in error, the parties are to notify Yvonne Clelan immediately for reassignment to the appropriate IAS part, by phone at 212-256-7710, fax at 212-952-1757, or e-mail at ycleland@courts.state.ny.us. The parties shall not in the first instance contact the Justice assigned. NONE OF THE DATES IN THE ORDER MAY BE EXTENDED WITHOUT ADVANCE APPROVAL BY THE COURT. All requests for extensions shall be made by e-mail to Yvonne Cleland at: yeleland@courts.state.ny.us AND Tammy Harwood at: tharwood@courts.state.ny.us. (1) Mandatory Notification: The attorney who receives a copy of this Order shall, within ten days from receipt, transmit a copy to counsel for all parties who have appeared in the case and to all self-represented litigants and shall, by November 25, 2014, file with the County Clerk_an original affidavit of service or letter setting forth the dates the parties were served. In the event the above action has been Electronically Filed (E-filed) the original affidavit or letter shall be electronically filed. (2) Insurance Information: All parties shall exchange insurance and coverage information by December 16, 2014. (3) Bill of Particulars: A demand shall be served by December 02, 2014. A bill(s) shall be served by December 16, 2014, (4) Authorizations: Authorizations for HIPAA compliant medical records and for employment records for two years prior to the accident shall be served by December 02, 2014. 1 This is a conformed copy. The original order has been or will be filed with the County Clerk Index # 0151998/2014 Case of CHALLENGER, THORA CLAUDETTE vs, LAMADELEINE, GEORGE J (5) Witness and Other Information: All parties shall exchange statements of opposing parties, photographs, and the names and addresses of all fact witnesses by December 16, 2014. If any of these items do not exist, the parties shall serve by that date an affirmation clearly so specifying. (6) Depositions: All depositions must be completed by March 31, 2015. Plaintiff shall be deposed first and defendants shall be deposed in the order in which their names appear in the caption. Within 20 days from service of a copy of this Order, the parties shall confer and agree upon a detailed schedule in compliance with this deadline. If a witness thereafter is unable to appear as scheduled, the parties shall confer and attempt to agree upon a resolution of the problem, including, if necessary, an alternative schedule or order of production. However, absent extraordinary circumstances, the failure of one defendant to appear as scheduled shall not constitute an excuse for the refusal of others to submit to deposition as scheduled and within the deadline fixed above. (7) Demands for Documents: Demands for documents shall be served no later than 10 days after completion of depositions and shall be responded to within 20 days from service. (8) Physical Examinations and Reports (Uniform Rule 202.17): Physical examination(s) of the plaintiff shall be completed by May 12, 2015. The examining party shall notify all other parties of the identity of the examining physician at least 20 days prior to said examination. Copies of medical reports shall be served by plaintiff at least 15 days prior to said examination, A copy of the report of the examining physician shall be served on all parties within 21 days of said examination. (9) Other Disclosure: All other disclosure shall be completed by April 28, 2015. (10) Impleader: Shall be completed by April 28, 2015. (11) Mandatory Compliance Conference: Will be held on May 18, 2015 at 9:30 am at 80 Centre Street, Room 103. (12) Note of Issue: Shall be determined at the final compliance conference. Should all discovery be completed prior to any scheduled compliance conference date parties may submit a stipulation to be so ordered, by e-mail to ycleland@courts.state.ny.us or fax to 212-952-2757 prior to such date, indicating all discovery has been completed and providing for the filing of the Note of Issue. Parties MAY NOT file their Note of Issue without court order. Notes of issue filed without court order may be stricken sua sponte. (13) Summary Judgment Motions: Summary judgment motions shall be made no later than 60 days after filing of the note of issue (CPLR 3212 (a)). RESOLUTION OF DISPUTES/PENALTIES FOR NON-COMPLIANCE If disputes arise about compliance with this Order, the parties shall promptly confer an effort to resolve them. If that effort fails, the parties shall immediately, in advance of deadlines and prior to initiating motion practice, bring the dispute to the attention of the Case Management Coordinator Tammy Harwood (by way of e-mail at: tharwood@courts.state.ny.us, or by telephone at 646-386-3682), who will either schedule a conference or advance a previously scheduled compliance conference. Absent good cause, failure to raise discovery problems in advance of deadlines or other non-compliance with this Order, may result in the imposition of penalties upon the offending party and, where warranted, upon counsel. Such penalties may include waiver of the discovery, preclusion, dismissal, striking of an answer, costs, sanctions, and attorney's fees. Counsel should be particularly aware that penalties may be imposed in the event of the failure of a defendant to give notice of, designate a physician for, schedule, or conduct an examination of plaintiff as set forth herein, the failure of said defendant to serve a report as set forth herein, the failure of plaintiff to appear at an examination as required, and the failure of a party to schedule or attend a deposition. Parties are encouraged to place their case on e-track at Wwww.nycourts.gov . fetn, Hon. Arlene P. Bluth JSC Nov 12, 2014