New Model Status Conference Stipulation And Order (Part 3 - Judge Bransten)

SUPREME COURT OF THE STATE OF NEWYORK, COUNTY OF NEW YORK, PART 3------------------------------------------------------------XPresent: Hon. Eileen BranstenIndex No.: Plaintiff(s)RJI Filing Date: - against -NEW MODELSTATUS CONFERENCESTIPULATION AND ORDER(Version dated 9-28-2017)Defendant(s)------------------------------------------------------------XI.PRELIMINARY CONFERENCE: A Preliminary Conference was held in thiscase and the Court signed the Preliminary Conference Stipulation and Order on:, 20THE COMPLIANCE CONFERENCE: The Compliance Conference was heldon this case:, 20The purpose of this New Model Status Conference Stipulation andOrder is to assess the progress the parties have made and to determine whatitems are outstanding and what needs to be done to ensure that discovery iscompleted and the Note of Issue is filed in a timely fashion. American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.:v. DefendantStatus Conference Stipulation and OrderPage 2 of 33II.APPEARANCES: The parties entered their appearances at the Preliminary andCompliance Conferences. Since the last Conference:(a)Counsel for Plaintiff HAS or HAS NOT changed.(b)Counsel for Defendant HAS or HAS NOT changed.(c)Counsel for Defendant HAS or HAS NOT changed.Please use additional pages, if necessary.FOR EACH NEW COUNSEL:Please include (1) your name; (2) your firm222s name; (3) your address; (4) yourfirm222s telephone number; (5) your direct telephone number; (6) your e-mailaddress; and (7) the party you represent. Please use additional pages, if necessary.PLEASE INDICATE WHO IS APPEARING AT THIS STATUSCONFERENCE:(a)Counsel for Plaintiff:Firm name:(b)Counsel for Defendant Firm name: American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 3 of 33(c)Counsel for Defendant Firm Name: Please use additional pages, if necessary.III.CONFIDENTIALITY AGREEMENT:The Model Confidentiality Order which is currently favored by the courts can befound at: https://www.nycourts.gov/rules/trialcourts/202.70(g)%20- %20Rule%2011-g%20(attachment).pdfThe parties HAVE or HAVE NOT entered into a ConfidentialityAgreement. The Court HAS or HAS NOT so ordered the ConfidentialityAgreement and, if the Court has so ordered it, on what date did the Court so orderit: IV.DESCRIPTION OF THE CASE: In the Compliance Conference Order, the parties were asked what issuesremained in the case AFTER the Motion to Dismiss was decided and theAppeal, if any, was perfected and/or decided.In order to assess the status of the case after the preliminary motion practice,please describe what causes of action remain in the case and the amount ofmoney demanded:Plaintiff: American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 4 of 33Defendant :Defendant::Have all the Appeals been decided? YES NOIf NO: (1) whose appeal is it; (2) has the appeal been perfected; (3)when was the appeal argued or (4) when is the appeal scheduled to beheard?If YES: (1) Please attach a copy of the Appellate Division222s decision;(2) has a party decided to appeal the First Department222s decision to theCourt of Appeals, and if so, what is the status of that appeal; (3) whatcauses of action remain in the case; and (4) what is the amount ofdamages currently being sought on plaintiff222s claims and/ordefendant(s)222 counterclaims? American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 5 of 33V.DISCOVERY(1)DOCUMENT DISCOVERY Document Discovery was completed on: (1)(a)If NOT COMPLETED, please explain why:(1)(b)By what date will be parties be able to complete DocumentDiscovery:The Court ACCEPTS THE NEW DATEFOR THE COMPLETION OFDOCUMENT DISCOVERYDOES NOT ACCEPT THEDATE FOR THE COMPLETIONOF DOCUMENT DISCOVERY(The Court should place its initial on the appropriate line.)If the New Date for the Completion of all Document Discovery isNOT agreed to by the Court, the Court hereby sets the following dateas the NEW DATE FOR THE COMPLETION OF ALLDOCUMENT DISCOVERYCourt222s Initial: THE NEW DATE OF FOR THECOMPLETION OF DOCUMENT DISCOVERY ISABSOLUTELY FINAL. NO FURTHER ADJOURNMENTS OF American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 6 of 33ANY KIND WILL BE PERMITTED UNLESS SO ORDERED BYTHE COURT.(2)DEPOSITIONS OF INDIVIDUALS Depositions of Individuals were completed on:(2)(a)If Depositions of Individuals have not yet been completed,please:(i) Please explain why they have not been completed:(ii)Please list the names of each individual persons, thenames of all third-party witnesses and/or the names of allnon-party persons who need to be deposed AND the datewhen those depositions will be held:NAMEPLAINTIFF ORDATE DEPOSITION ISDEFENDANTSCHEDULED TO BE HELDOR 3d PARTYWITNESS AND/ORNON-PARTIES American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 7 of 33Please use additional pages, if necessary.(iii)Please list the date when the depositions of ALLINDIVIDUALS will be completed:The Court ACCEPTS THE NEW DATEFOR THE COMPLETION OFINDIVIDUAL DEPOSITIONSDOES NOT ACCEPT THEDATE FOR THE COMPLETIONOFINDIVIDUAL DEPOSITIONS(The Court should place its initial on the appropriate line.)If the New Date for the Completion of all INDIVIDUALDEPOSITIONS is NOT agreed to by the Court, the Court hereby setsthe following date as the NEW DATE FOR THE COMPLETIONOF ALL INDIVIDUAL DEPOSITIONSCourt222s Initial: THE NEW DATE OF FOR THECOMPLETION OF INDIVIDUAL DEPOSITIONS ISABSOLUTELY FINAL. NO FURTHERADJOURNMENTS OF ANY KIND WILL BE PERMITTEDUNLESS SO ORDERED BY THE COURT. American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 8 of 33(3)DEPOSITION OF ENTITIESCommercial Division Rule 11-f concerning Deposition of Entities wentinto effect on October 15, 2015. The new rule governs depositions of corporations, business trusts, estates, trusts, partnerships, limited liabilitycompanies, associations, joint ventures, public corporations, government, orgovernment subdivisions, agencies or instrumentalities, or any other legal orcommercial entities. The Rule is intended to promote a more efficient process for deposition ofentity representatives and reduce the likelihood of a mismatch between theinformation sought and the witness produced.The essential elements of the new Rule are detailed at pages 12 and 13 of theCompliance Conference Stipulation and Order. (3)(a)When did the parties serve the required notice or subpoenaenumerating those matters to be the subject of the depositionof the entity 223with reasonable particularity224?Plaintiff:Defendant Defendant Please use additional pages, if necessary.(3)(b)Have the parties COMPLETED the Entity Depositions?YESNO(3)(c)If YES, when were the Entity Depositions completed? Plaintiff: American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 9 of 33Defendant Defendant Please use additional pages, if necessary.(3)(d)If NO, WHEN will the Entity Depositions BECOMPLETED? Plaintiff:Entities222 Name Deposition will be completed on: Defendant Entities222 Name -Deposition will be completed on:- Defendant Entities222 Name Deposition will be completed on: Please use additional pages, if necessaryThe Court ACCEPTS THE NEW DATES FORTHE COMPLETION OF ENTITYDEPOSITIONSDOES NOT ACCEPT THE DATE FORTHE COMPLETION OF ENTITYDEPOSITIONS(The Court should place its initial on the appropriate line.): American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.: v. DefendantNew Model StatusConference OrderPage 10 of 33If the New Date for the Completion of all Entity Depositions is NOTagreed to by the Court, the Court hereby sets the following date as theNEW DATE FOR THE COMPLETION OF ENTITYDEPOSITIONSCourt222s Initial: THE NEW DATE OF FOR THECOMPLETION OF ENTITY DEPOSITIONS IS ABSOLUTELY FINAL. NO FURTHER ADJOURNMENTS OF ANY KINDWILL BE PERMITTED UNLESS SO ORDERED BY THECOURT.(4)OTHER DISCOVERYPlease indicate what, if any, 223Other Discovery224 will be needed