MARQUS D. MIDDLETON v. JACOB T. KANTNER et al, EF000232-2022, 13 (N.Y. Sup. Ct., Orange County Apr. 21, 2022) (2024)

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`THIS ACTION MAY QUALIFY FOR PRESUMPTIVE ADR
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`Please check any boxes that apply:
`□ This is a personal injury action (includes motor vehicle accidents) involving
` claim or $50,000.00 or less or there is no insurance
`□ This is a breach of contract action involving a claim of $50,000.00 or less
`□ This is a subrogation action
`□ Post-Judgment Matrimonial
`□ The parties stipulate to early ADR.
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`2)
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`Insurance Coverage:
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`Amount: $___________________
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`Excess Amount (if any): $___________________
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`If not yet provided, ____________________ shall be disclosed in writing the existence and
`contents of any insurance agreement as described in CPLR § 3101 (f) on or before
`____________________.
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`□ Previously provided on: ______________
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` N/A
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`3)
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`Bill of Particulars:
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`a. A Demand for a Bill of Particulars shall be served by______________
`on or before ___________________.
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`b. A Bill of Particulars shall be served by __________________
`on or before ___________________.
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`c. A Supplemental Bill of Particulars shall be served by ____________
`on or before __________________.
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`(4) Medical Records and authorizations:
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`On or before ______________________, duly executed written authorization shall be
`furnished by ______________________for the following:
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`______ Physician, and/or hospital, and/or autopsy records;
`______ Employment records for the periods ________________________.
`______ No-Fault file;
`______ Other (Specify) _____________________________________
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`Page 2 of 7
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`Done
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`Done
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`per CPLR
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`Provided on 3/7/2022
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`X
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`X
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`100,000/300,000
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`/
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`x
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`3/25/2022
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`5)
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`6)
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`Physical Examinations:
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`a.
`Physical examination (s) shall be held on or before ___________________.
`b.
`Pursuant to 22 NYCRR §202.17(b), at least 20 days before such examination,
`copies of medical reports of physicians shall be served upon all parties.
`c.
`A copy of the examining physician’s report shall be furnished to all parties
`within _________ days of the examination.
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`Depositions:
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`a. Examinations before trial shall be conducted as follows (priority shall be in
`accordance with CPLR §3106 unless otherwise agreed or ordered):
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`Plaintiff(s) shall appear for examination before trial at _______________________
`On _______, at _________ a.m./p.m. and shall produce all relevant books, papers,
`records, and other material for use at the deposition, including_________________
`___________________________________________________________________.
`Defendant(s) shall appear for examination before trial at _____________________
`On ________, at __________ a.m./p.m. and shall produce all relevant books, papers,
`records, and other material for use at the deposition, including ________________
`___________________________________________________________________.
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`b. Attorneys seeking rulings on objections or making application for any other relief
`pertaining to the depositions shall communicate with the Preliminary Conference
`Part by email or telephone conference call for a determination and shall make no
`motion in the absence of a conference with the Court and a good faith effort to
`resolve the matter without unnecessary motion practice.
`c. Once begun, a deposition shall continue until completed and shall not be adjourned
`without further order of the Court, unless all parties agree that the adjournment of
`such deposition does not delay or otherwise impede any party’s ability to perform
`or enforce any of the terms of this Stipulation.
`d. The transcript of an examination before trial shall be delivered to the party deposed
`within forty-five (45) days of the deposition, and shall be returned, duly executed
`thereafter pursuant to CPLR § 3116 (a).
`e. Depositions of all parties shall be completed on or before __________________.
`f. Depositions of all non-party witnesses shall be completed on or before
`_________________.
`g. Post Deposition Discovery Demands shall be served by _____.
`h. Responses to Post Depositions Discovery demands shall be served by _____.
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`NOTICE: The parties and their respective counsel are advised to comply with the
`Uniform Rules of Conduct of Depositions and the applicable sections of the New York
`State Civil Practice Law and Rules. Failure to do so may result in sanctions.
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`Page 3 of 7
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`45 days from P's EBT
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`45 days
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`virtual
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`5/19/2022
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`10:45 AM
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`6/6/22
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`10 AM
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`6/30/2022
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`6/30/2022
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`8/1/2022
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`6/30/2022
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`Other Disclosure:
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`7)
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`a. On or before _________________, all parties shall exchange names and addresses
`of all witnesses, and shall exchange statements of opposing parties and photographs,
`or if none, shall so state in writing.
`b. All parties shall exchange information relating to expert witnesses in compliance
`with CPLR §3101 and the governing case law.
`c. Demands for Discovery and Inspection (CPLR §3120) shall be served on or before
`_________________________.
`d. All responses to Discovery and Inspection demands shall be served no later than
`__________________ after receipt of the opposing party’s demands.
`e. Objections to disclosure, inspection or examination shall be made in conformity
`with the provisions of CPLR §3122.
`f. Supplemental Demands for Discovery and Inspection may be served with respect to
`items as to which the demanding party could not reasonably have demanded in such
`party’s prior Demand(s) for Discovery and Inspection, provided such Supplemental
`Demands are served at least twenty (20) days (or if service is by mail twenty-five
`[25] days) prior to the expiration of the time herein set forth for the completion of
`disclosure. Responses to such Supplemental Demands shall be served within the
`time provided by CPLR §3120, except that objections to Supplemental Demands
`shall be interposed sufficiently in advance of the time hereinafter set forth for the
`completion of disclosure so as to permit the demanding party a reasonable time to
`seek and obtain a conference with the Court with respect to such objections and to
`request an extension of the time to complete disclosure.
`g. All demands for production of books, documents, records and other writings
`relevant to the issues in this case shall be deemed to include a demand for production
`of any photograph, audiotape, videotape, computer disk or program and e-mail.
`h. All Interrogatories shall be served on or before __________________. Responses
`shall be served in conformity with CPLR §3133.
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`Additional Disclosure issues:
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`Failure to comply with the provisions of this section may result in sanctions, including the award
`of legal fees, and other penalties.
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`8)
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`With respect to additional disclosure issues, the parties shall comply with the following
`agreement:
`___________________________________________________________________________
`___________________________________________________________________________
`___________________________________________________________________________
`___________________________________________________________________________
`___________________________________________________________________________
`___________________________________________________________________________
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`Page 4 of 7
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`4/30/2022
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`per CPLR
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`per CPLR
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`Impleaders:
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`___________________________________________________________________________
`___________________________________________________________________________
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`9)
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`All third-party actions shall be commenced on or before ________________________.
`Joinder of a third-party action beyond this date without leave of Court may result in a
`severance.
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`10) Confidentiality/Non-Disclosure Agreement:
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`a. In the event there is a need for a Confidentiality/Non-Disclosure Agreement prior
`to disclosure, the part(y) demanding same shall prepare and circulate the proposed
`agreement. If the parties cannot agree as to same, they shall promptly notify the
`Court. The failure to promptly see a confidentiality agreement may result in a
`waiver of same (22 NYCRR §216.1). Any Confidentiality/Non-Disclosure
`Agreement will be “so ordered” or entered as an Order of the Court only upon
`compliance with 22 N.Y.C.R.R. §216.1.
`b. _______________________ anticipates the need for a Confidentiality Agreement
`and will prepare and circulate same on or before _________________________ as
`to the following issues:
`__________________________________________________________________
`__________________________________________________________________
`__________________________________________________________________
`__________________________________________________________________
`_________________________________________________________________.
`Pursuant to 22 NYCRR §202.28, the attorney for defendant is directed to file a
`stipulation or statement of discontinuance with the Court within (a) 30 days of the
`making of the payment required as a condition of the discontinuance; or (b) 30 days
`of the discontinuance in the event no payment is required as a condition of the
`discontinuance.
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`11) Conference Dates / Note of Issue:
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`a. The Court directs that the parties and their respective counsel are to appear at a
`Compliance Conference to be held on ______/______/_____ at ________a.m./p.m.
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`b. The Court directs that the parties and their respective counsel are to appear at a
`Settlement Conference to be held on ______/______/_____ at ________a.m./p.m.
`All discovery as set forth herein above is expected to be completed prior to the
`compliance conference. At the conference, counsel shall also be prepared to discuss
`settlement.
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`Page 5 of 7
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`c. A Note of Issue shall be filed on or before ____________________. Failure to file
`a Note of Issue as directed herein may result in dismissal pursuant to CPLR § 3216.
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` There is no addendum of this Preliminary Conference Order.
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` □
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` There is an addendum of _____ pages which is attached to this Preliminary
` Conference Order.
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` Where the parties wish to execute this document in counterparts, there is a
` Counterparts Addendum to this Preliminary Conference Order
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`NOTICE: FAILURE TO COMPLY WITH THE NEW YORK STATE CIVIL
`PROCEDURE LAW AND RULES, UNIFORM RULES OF THE SUPREME COURT,
`THE INDIVIDUAL PART RULES OF JUSTICE JAMES L. HYER AND THIS
`PRELIMINARY CONFERENCE ORDER MAY RESULT IN PRECLUSION OF
`WITNESSES AND/OR EVIDENCE AT TRIAL, AND THE IMPOSITION OF
`SANCTIONS.
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`FURTHER, THE FAILURE OF ANY PARTY TO PERFORM ANY OF THE
`REQUIREMENTS CONTAINED IN THIS STIPULATION SHALL NOT EXCUSE
`ANY OTHER PARTY FROM PERFORMING ANY OTHER REQUIREMENT
`CONTAINED HEREIN. FAILURE TO COMPLY WITH ANY PROVISION OF THIS
`STIPULATION MAY RESULT IN THE IMPOSITION OF COSTS, OR SANCTIONS,
`OR OTHER ACTION AUTHORIZED BY LAW, INCLUDING BUT NOT LIMITED
`TO CONTEMPT, DISMISSAL AND THE STRIKING OF PLEADINGS.
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`No adjournments of any time directive above shall be permitted without the permission
`of the Court. This Stipulation supersedes the statutory stay in CPLR §3214 for dispositive
`motions made pursuant to CPLR §§3211, 3212, 3213.
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`The contents and provisions of the foregoing proposed stipulation are agreed to, and the
`parties request that the Court order same.
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`Page 6 of 7
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`Attorneys for Defendant:
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`(Print Name):______________________
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`Signature: ________________________
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`Mailing Address: ___________________
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` _________________________________
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`Phone/Facsimile
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`All of the above is hereby stipulated to by the parties:
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`Attorneys for Plaintiff:
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`(Print Name): ________________________
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`Signature: __________________________
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`Mailing Address: _____________________
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`___________________________________ _________________________________
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`___________________________________
`Phone/Facsimile
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`___________________________________ _________________________________
`E-Mail Address
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`E-Mail Address
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`******
`Attorneys for/or pro se party:
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`(Print Name): ___________________
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`Signature: _____________________
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`Mailing Address: ________________
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`_______________________________
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`_______________________________
`Phone/Facsimile
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`_______________________________
`E-Mail Address
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`Dated: Goshen, NY
`_______________, 20__
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`Attorneys for/or pro se party:
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`(Print Name): ________________________
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`Signature: ____________________________
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`Mailing Address: ______________________
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`_____________________________________
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`____________________________________
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`Phone/Facsimile
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`_____________________________________
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`E-Mail Address
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`SO ORDERED:
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`__________________________
`HON. JAMES L. HYER, J.S.C.
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`Page 7 of 7
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`Paul G Hanson
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`Paul G Hanson
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`paul_g_hanson@progressive.com
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`paul_g_hanson@progressive.com
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`One Executive Blvd
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`Yonkers, NY 10701
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`Alexandre Jouravliov
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`One Dolson Avenue, Middletown, NY 10940
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`Sobo & SObo, LLP
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`845 764 8131
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`AJOURAVLIOV@SOBOLAW.COM
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