Preliminary Conference Order-Commercial Case (Judge Walsh)

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF WESTCHESTER P R E S E N T :Hon. Gretchen WalshJustice Supreme Court -----------------------------------------------------------------XPlaintiff, :PRELIMINARY CONFERENCE ORDER 226COMMERCIAL CASE-against- :Index No.Defendant. :-----------------------------------------------------------------XWALSH, J.:Counsel having appeared for a preliminary conference on , 20 :Plaintiff:NameFirmAddressTelephone NumberFaxDefendant:NameFirmAddressTelephone NumberFax American LegalNet, Inc. www.FormsWorkFlow.com and the Court having conducted a preliminary conference in the above-entitled action, it is herebyORDERED as follows, pursuant to Rule 8 of the Rules of Practice for the Commercial Division:1.Any Demand for a Bill of Particulars shall be served on or before and anyBill of Particulars shall be served on or before .2.Any Demands for Discovery and Inspection shall be served on or before andall Responses to such Demands shall be served on or before .3.Any Interrogatories shall be served on or before and all Answers toInterrogatories shall be served on or before .4.Any deposition on Oral Questions to be taken of Plaintiff shall be held on or before at.5.Any deposition on Oral Questions to be taken of Defendant shall be held on or before at.6.Any deposition on Oral Questions to be taken of any non parties shall be held on or before at.7.Other Disclosure, including Expert Disclosure, shall be:8.Electronic Discovery shall be: American LegalNet, Inc. www.FormsWorkFlow.com 9.Discovery shall be limited to the following issues:10.Impleader shall be completed on or before .11.All discovery shall be completed by and any discovery not thencompleted may be considered waived. The failure to provide a document, or to otherwiseprovide discovery, may result in preclusion.12.A Trial Readiness Conference will be held onat. On thisdate a Trial Readiness Order will be issued to the Plaintiff to which Plaintiff shall serve andfile a Note of Issue and Certificate of Readiness within (10) days of the date of the TrialReadiness Order.13.Absent an order of the Court to the contrary, the making of any dispositive motion willNOT stay discovery and will NOT result in, or justify, any change or adjustment in thedates set forth hereinabove.14.THE DATES SET FORTH ABOVE MAY NOT BE ADJOURNED EXCEPT WITHTHE PRIOR APPROVAL OF THE COURT.15.In the event of a discovery dispute, counsel shall comply with Rule 14 of the Rules ofPractice in the Commercial Division. In furtherance thereof, in the event that counsel, aftergood faith consultation, cannot resolve a discovery dispute, counsel shall promptly contactthe Court at 914-824-5193 and arrange for either an in-court or telephonic conference. Nomotion relating to discovery shall be made without the prior permission of the Court.Neither the existence of any discovery dispute nor the making of any discovery motionshall result in, or justify, any change or adjustment in the dates set forth above, unlessotherwise permitted by the Court.16.All motions (including any discovery motions permitted by the Court) shall be governedby Rules 16 through 24 of the Rules of Practice in the Commercial Division. No sur-reply(which includes reply in further support of a cross-motion) or post-submission papers willbe considered by the Court, except as authorized by the Court or by Rule 18. All motionsshall be made returnable on Fridays. No motion shall, absent the permission of the Court,be made returnable on any other day.17.Counsel shall not copy the Court on correspondence between them.18.No document, including correspondence, shall be sent to the Court without priorauthorization from Chambers to do so. American LegalNet, Inc. www.FormsWorkFlow.com 19.Absent the express permission of the Court, copies of all papers filed with the Court shallbe transmitted to all opposing counsel in such fashion as to be received by counsel priorto, or contemporaneously with, receipt by the Court.20.As set forth in Commercial Division Rule 11-a (a) & (b), the parties are advised that theinterrogatories in this action shall be limited both in terms of the topics to be covered andthe number of interrogatories permitted (i.e., 25 including subparts). Furthermore,pursuant to Commercial Division Rule 11-a(d), the Court hereby orders that there shall beno additional interrogatories permitted concerning the claims and contentions of theparties. Dated: White Plains, New York GRETCHEN WALSH Supreme Court Justice American LegalNet, Inc. www.FormsWorkFlow.com