Case Scheduling Order - CIty Cases

SUPREME COURT OF THE STATE OF NEW YORK 80 Centre Street, Room 102 New York, New York 10013 DIFFERENTIATED CASE MANAGEMENT PROGRAM PRESENT: , Justice Part CC - DCM Index Number: C.C.T.T. No.: PLAINTIFF v DEFENDANT CASE SCHEDULING ORDER - CITY CASES 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 designated a Standard matter pursuant to Uniform Rule 202.19(b) and disclosure not already furnished shall proceed in accordance with the deadlines set forth below. However, a party claiming to be prejudiced by this order may seek a modification of the Standard designation or the schedule by contacting the clerk, at the Case Management Office (by phone 646 - 386 - 3683, fax 212 - 952 - 2779) within 20 DAYS FROM THE DATE OF THIS ORDER. That Office will provide an opportunity t o the parties to be heard on the request at a court conference and the court will take such action as is appropriate. Failure to contact the Office in a timely manner shall constitute a waiver of any objection to the designation or schedule. The parties shall not contact the Justice assigned. 1. Notification: After this Case Sc h eduling Order has been signed, it will be posted to the New York State Courts Electronic Filing System ("NYSCEF") if this is an e - filed case. All e - filing counsel are expecte d to monitor the NYSCEF docket and their e - mail addresses for access to this Order and other e - filings in the case. If this is a hard - copy case, a copy of this Order will be posted in the Supreme Court Records On - Line Library ("Scroll"), which is accessib le at no charge on the court's website ("Case Information" at www.nycourts.gov/supctmanh). Counsel must consult Scroll to obtain a copy of this Order; no copy will be mailed by the court. Attorneys may obtain, at no charge, e - mail notification of the is suance of this Order and all other court developments in this and other cases by listing them with e - Track, the court system's case tracking service, which is accessible at https://iapps.courts.state.ny.us/webcivil/etrackLogin or by means of the e - Track li nk at www.nycourts.gov. In addition, counsel for plaintiff shall, within ten days after the posting of this Order to Scroll in a hard - copy case, serve copies on all counsel and all self - represented parties and shall file with the County Clerk an affidavit of service. In an e - filed case in which at least one party is exempt from e - filing, counsel for the first - named participating plaintiff or, if there is none, the first named participating defendant shall, within ten days after the e - filing of this Order, serve a hard copy on all exempt counsel and self - represented parties and shall e - file proof of such service. 2. Insurance Coverage: Within 30 days from the date of this order, defendant City of New York and any other defendant represented by Corporatio n Counsel, shall state in writing whether it is self - insured or covered by an insurance policy, and all defendants, including the City (if applicable), shall furnish to all p arties evidence of primary and excess coverage and Certificate of Insurance. - 1 - American LegalNet, Inc. www.FormsWorkFlow.com 3. Bill of Particulars: Any party seeking particulars (including as to affirmative defenses, if any) shall serve a demand for a bill within 21 days from the date of this order. The party receiving the demand shall serve a verified bill of particulars within 60 days from the da te of this order. 4. Medical Records and Authorizations: (a) Plaintiff(s) shall provide authorizations to obtain copies of the actual records of all treating and examining health care providers, including diagnostic tests, x - rays, MRIs, EMGs, CT Scans, for injuries specified in the bill of particulars, within 30 days from the date of this order. (b) Plaintiff(s) shall provide an authorization for collateral source information, if any, within 30 days from the date of this order. (c) If plaintiff is claiming a loss of income or wages, within 30 days from the date of this order, plaintiff shall provide authorizations for W - 2 forms or employment records for the year of, year before and year after the date of the alleged accident, as we ll as for the period of time lost from work as a result of the alleged accident, or IRS records if provided by law. (d) If plaintiff was a student at the time of the alleged accident, within 30 days from the date of this order, plaintiff shall provide an a uthorization for school attendance records for the period of time lost from school as a result of the alleged accident. (e) For cases alleging police assault or false arrest, plaintiff(s) shall, within 30 days from the date of this order, submit to the Cou rt in which termination of the proceeding occurred an unsealing order, to be "so ordered" by that Court, to obtain a copy of the Criminal Court file. Plaintiff(s) shall then serve the "so ordered" unsealing order upon the Criminal Court. After that Court p rovides plaintiff with a copy of the Criminal Court file, plaintiff shall provide a copy of the file to the Corporation Counsel within 30 days of the date of service of the unsealing order. 5. Depositions: (a) The depositions of all parties shall take place on at 10:00 A.M. in the Office of the Corporation Counsel, 52 Duane Street, 4th Floor, New York, New York, 10007. Absent prior court approval, any EBT which is not held as scheduled in this order must be immediately rescheduled for a date which is not later than four (4) weeks after the original date. (b) Defendant(s)' right to a further deposition of plaintiff(s) is reserved as to any new injuries or damages claimed in any supplemen tal bill of particulars served by plaintiff(s) following the plaintiff 's deposition. 6. Physical Examination: (a) A physical examination of the plaintiff(s) shall be conducted within 45 days after completion of examination before trial of the plaintiff(s). (b) A copy of the physician's report shall be furnished to plaintiff(s) within 45 days after the examination. (c) Defendant(s)' right to a further physical is reserved as to any new injuries claimed in any supplemental bill of particulars s erved by plaintiff(s). 7. Other Disclosure: (a) All parties shall provide the names and addresses of any witnesses to the occurrence and notice witnesses; accident reports; party statements; and photographs taken in the ordinary course of business and /or to be presented at trial, within 90 days from the date of this order. (b) All parties shall supply expert witness disclosure pursuant to CPLR. (c) All defendants other than those listed in Item 7(d) hereof shall, within 90 days from the date of this or der, provide to all parties copies of maintenance and repair records for 2 years prio r to and including the date of the occurrence. (d) The City of New York and/or other defendants represented by Corporation Counsel, if any, shall provide the following Add itional Disclosure to all parties within 90 days from the date of this order, subject to the date and location specified in the notice of claim: - 2 - American LegalNet, Inc. www.FormsWorkFlow.com ADDITIONAL DISCLOSURE ITEM 7(d) Slip and Fall Cases (Department of Sanitation): i. District Operation Log (carting book) for the period of two weeks prior to and including the date of occurrence. ii. District Snow Operation Book for the above period of time. iii. Snow Removal Operation Report (SR - 2) and spreading or plowing ope ration card for the above period of time , if the occurrence took place in the ro adway. Trip and Fall Cases (Dep artment of Transportation) : i. Applications for permits and permits for 2 years prior to and including the date of occurrence; ii. Cut forms, repair orders and repair records for 2 years prior to and including the date of occurrence; iii. Violations issued for 2 years prior to and including the date of occurrence; iv. A copy of the title and signature pages, and insurance declaration sheets and/or certificates, for all contracts in effect for two years prior to and including the date of occurrence. v. Contracts and all related