New Revised Compliance Conference Stipulation And Order (Part 3 - Judge Bransten)

SUPREME COURT OF THE STATE OF NEWYORK, COUNTY OF NEW YORK: PART 3------------------------------------------------------------XPresent: Hon. EILEEN BRANSTEN,Plaintiff(s)Index No.: - against -RJI Filing Date: NEW MODELCOMPLIANCECONFERENCESTIPULATION AND ORDER(3-08-2017 For Part 3)Defendant(s)------------------------------------------------------------XI.PRELIMINARY CONFERENCE: A Preliminary Conference was held in thiscase and the Court signed the Preliminary Conference Order on:, 20The purpose of this Compliance Conference is to assess the progress the partieshave made and to determine what items are outstanding and what needs to bedone to ensure that discovery is completed in a timely fashion.II.APPEARANCES: The parties entered their appearances at the PreliminaryConference.(a)Counsel for Plaintiff HAS or HAS NOT changed.(b)Counsel for Defendant HAS or HAS NOT changed. American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index No.:v. DefendantNew Model Compliance Conference OrderPage 2 of 31(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 COMPLIANCECONFERENCE:(a)Counsel for Plaintiff:Firm name:(b)Counsel for Defendant Firm name:(c)Counsel for Defendant Firm Name: Please use additional pages, if necessary. American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff: Index No.: v. DefendantNew Model Compliance Conference OrderPage 3 of 31II.CONFIDENTIALITY AGREEMENT:At the Preliminary Conference, the parties indicated whether they had or had notentered into a Confidentiality Agreement. The Preliminary Conference Orderincluded an explanation regarding the need for Confidentiality Agreements. ThePreliminary Conference Order also stated: The parties are directed to use the Model Confidentiality Agreementpromulgated in the part before which they are appearing. If the Trial Partdoes not have as specific form it uses, the parties are referred to the modelconfidentiality agreement found at: https://www.nycourts.gov/rules/trialcourts/202.70(g)%20- %20Rule%2011-g%20(attachment).pdfIf the parties need to change either the Trial Part222s model confidentialityagreement or the one found at the link listed above, the parties are to submita signed Confidentiality Agreement with the changes and a red line copyfor the Court to review.The 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: If the parties HAVE NOT entered into a Confidentiality Agreement, pleaseprovide the Court with an explanation as to the reason(s) the parties decided not toenter into a Confidentiality Agreement. American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff: Index No.: v. DefendantNew Model Compliance Conference OrderPage 4 of 31III.DESCRIPTION OF THE CASE: (a)PlaintiffIn the Preliminary Conference Order, pursuant to 22 NYCRR 202.12(c)(1), thePlaintiff was asked to provide a brief description of the factual and legal issues ofthe case. Defendant(s), if issue had been joined, was/were also required to providea brief description of the case. (1) If Plaintiff has filed an amended complaint, please inform the Courtas to the changes to Plaintiff222s factual and legal case since thePreliminary Conference Order:and/or(2) If the Court has issued an order on a Motion to Dismiss, pleaseinform the Court as to which cause(s) of action remain in the case:(3) Has a Notice of Appeal been filed? YES NO(4)Was the Appeal perfected? YES NO(5)Was the Appeal decided? YES NO(6)What was the Appeal Court222s decision: American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff: Index No.: v. DefendantNew Model Compliance Conference OrderPage 5 of 31(7) Because of the changes to the case, please indicate whether theamount of damages has changed:Damages Amount has changed: YES NOPlease indicate the new Damages Amount: $.(b)Defendant(s)(1)If not done in the Preliminary Conference, please describe Defendant222s, legal theory and salient facts insupport of defenses, counterclaims and third-party claims. Amount Demanded on the Counterclaim/Cross Claim: $If there is more than one defendant, please repeat Question No. III(b) for each defendant.(2)Did a party make a Motion to Dismiss the counterclaims? YES NO(3) If the Court has issued an order on a Motion to Dismiss thecounterclaims, please inform the Court as to which counterclaimsremain in the Defendants222 case:(4) Has a Notice of Appeal been filed? YES NO(5)Was the Appeal perfected? YES NO American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff: Index No.: v. DefendantNew Model Compliance Conference OrderPage 6 of 31(6)Was the Appeal decided? YES NO(7)What was the Appeal Court222s decision:Please use additional pages, if necessary.IV.DISCOVERYIt is hereby ORDERED that disclosure shall proceed pursuant to the CommercialDivision Rules found at http://www.nycourts.gov/rules/trialcourts/202.shtml#70(1)GENERAL ADMONITIONS:The Preamble to the Commercial Division Rules, 22 NYCRR 202.70(g),states that the Commercial Division is 223mindful of the need to conserve client resources, encourage proportionality in discovery, promote efficientresolution of matters, and increase respect for the integrity of the judicialprocess. Litigants and counsel who appear in this Court are directed toreview the Rules regarding sanctions, including the provisions in Rule 12regarding failure to appear at a conference, Rule 13(a) regarding adherenceto discovery schedules, and Rule 24(d) regarding the need of counsel to befully familiar with the case when making appearances.224 (Emphasis added.) Have you met and conferred concerning discovery? YES NO. If YES, when did you meet andconfer? 225Have you adjusted your discovery demands in order to comply withthe 223proportionality in discovery224 admonition in the CommercialDivision Rules? YES NO American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff: Index No.: v. DefendantNew Model Compliance Conference OrderPage 7 of 31225If YES, please indicate what each party did to meet the223proportionality in discovery224 requirement? (a) Plaintiff:(b) Defendants (2)DOCUMENT PRODUCTION:All documents produced by any and all parties and non-parties MUST beBates Stamped.Pursuant to Commercial Division Rule 11-e(a), 223For each documentrequest propounded, the responding party shall, in its Response andObjections served pursuant to CPLR 3122(a) (the "Responses"), either:(a) state that the production will be made as requested; or(b) state with reasonable particularity the grounds for any objection toproduction.224In the Preliminary Conference Order, the parties were to exchangeInterrogatories, Document Production and Other Disclosure pursuant toCPLR 3108, 3120 and 3123 by a date certain. Please indicate the date bywhich Interrogatories and Document Production was (is) to be completed by:Was this deadline met? YES NO(i)Has Document Discovery been completed? YES NO American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff: Index No.: v. DefendantNew Model Compliance Conference OrderPage 8 of 31(ii)If NOT COMPLETED at this time, please explain why: (iii)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 is NOTagreed to by the Court, the Court hereby sets the following date as theNEW DATE FOR THE COMPLETION OF ALL DOCUMENTDISCOVERYCourt222s Initial: (3)INTERROGATORIESPursuant to Commercial Division Rule 11-a, 223Interrogatories (a) arelimited to 25 in number, including subparts, unless another limit isspecified in the Preliminary Conference Order. This limit applies toconsolidated actions as well; (b) Unless othe