3. 1 5.18 SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF WESTCHESTER -------------------------------------------- - --- --- - X HON. LINDA S. JAMIESON, JSC COMMERCIAL DIVISION Index No.: RJI Filing Date: P RELIMINARY CONFERENCE ORDER --------------------------------------------- ---- --- X I. APPEARANCES and address; 4 ) your direct telephone number; ( 5 ) your e - mail address ; and ( 6 ) the party you represent. Plaintiff(s) Defendant(s) Please use additio nal pages, if necessary. Plaintiff(s) - against Defendant(s) American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index Number: v. Preliminary Conference Order Defendant Page 2 of 1 3 II. CONFIDENTIALITY AGREEMENT AND ORDER: The Court recognizes that many cases in the Commercial Division involve facts that are highly sensitive. In such cases, in order for the parties to proceed to proper discovery, the Court may or der the parties to enter into a confidentiality a greement which the C The parties are free to draft their own confidentiality agreement, which the C o O rder. In the alternative, if they do not wish to do so, the parties are referred to the model confidentiality agreement found at: http://www.nycbar.org/pdf/report/ModelConfidentiality.pd f The parties HAVE or HAVE NOT entered into a confidentiality agreement . The Court HAS or HAS NOT confidentiality agreement The parties WILL or WI L L NOT be entering into a confidentiality agreement . If the parties WILL , please indicate when the parties expect to enter into the confidentiality agreement : If the parties have decided that they WILL NOT e nter into a confidentiality agreement , please provide the Court with a brief explanation as to the reason(s) the parties have decided not to enter into a confidentiality agreement . American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index Number: v. Preliminary Conference Order Defendant Page 3 of 1 3 III. DESCRIPTION OF THE CASE : Pursuant to 22 NYCRR 202.12(c)(1) , please provide a brief description of the factual and legal issues raised in the pleadings of the case: (a) im defenses: Amount Demanded: $ (b) If issue has been joined (i.e. , if d efendant has an swered the c omplaint) d efendant legal theory and salient facts in support of defenses, counterclaims and third party claims . If issue has not yet been joined, defendant need not, at this time, answer this question. Amount Demanded on the Counterclaim/Third - Party Claims: $ If there are multiple defendants: (c) If issue has been joined (i.e. if defendant has answered the Complaint), defendant legal theory and salient facts in support of defenses, counterclaims and third party claims. If issue has not yet been joined, defendant need not, at this time, answer this question. Amount Demanded on the Counterclaim/Third - Party Claims: $ Please use additional sheets, if needed. American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index Number: v. Preliminary Conference Order Defendant Page 4 of 1 3 IV. DISCOVERY It is hereby ORDERED that disclosure shall proceed pursuant to the Commercial Division Rules . Have you met and conferred concerning discovery? YES NO. If YES , when did you meet and confer? If NO , when will you do so? Have you adjusted your discovery demands in order to comply with the admonition in the Commercial Division Rules? YES NO . (1) DOCUMENT PRODUCTION All documents produced by any and all parties and non - parties MUST be Bates Stamped. Pursuant to Rule 11 - e(a), responding party shall, in its Response and Objections 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 to production. (a) Initial demands for discovery and inspection shall be served by all parties on or before . (b) Responses to demands shall be served by all parties on or before . American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index Number: v. Preliminary Conference Order Defendant Page 5 of 1 3 (2) INTERROGATORIES Pursuant to Rule 11 - a, limited to 25 in number, including subparts, unless another limit is specified in the Preliminary Conference Order. This limit applies to consolidated actions as well; (b) Unless otherwise ordered by the court, interrogatories are limited to the following topics: name of witnesses with knowledge of information material and necessary to the subject matter of the action, computation of each category of damage alleged, and the existence, custodian, location and general description of material and necessary doc umentation, including pertinent insurance agreements, and other physical evidence. (a) Interrogatories shall be served by all parties on or before : (b) Answer s to interrogatories shall be served on or before : (3) DEPOSITIONS OF INDIVIDUALS : Pursuant to Rule 11 - d ordered by the court:(1) the number of depositions (of individuals) taken by plaintiffs, or by defendants, or by third - party defendants, shall be limited to 10; and (2) depositions review the remainder of Rule 11 - d for additional directives concerning depositions. Priority of depositions is set by the first Notice to Take Depositions. (a) plaintiff (s) on or befo re : (b) defendant (s) on or before : (c) All depositions shall be completed on or before: American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index Number: v. Preliminary Conference Order Defendant Page 6 of 1 3 (4) DE POSITION OF ENTITIES: On October 15, 2015, a new rule concerning the deposition of entities went into effect. Commercial Division Rule 11 - f. The new R ule concerns the deposition of entities such as a corporation, business trust, estate, trust, partnership, limited liability com pany, association, joint venture, public corporation, government, or government subdivision, agency or instrumentality, or any other legal or commercial entity. The Rule is intended to promote a more efficient process for deposition of entity representativ es and reduce the likelihood of a mismatch between the information sought and the witness produced. The essential elements of the new Rule are (emphasis added): (i) A party wishing to take a deposition of an entity will serve a notice or subpoena enumerating those matters to be the subject of the deposition (ii) If the notice or subpoena does not name a particular officer, director, member or employee of the entity, the named entity must designate one or more officers, directors, members or employees or other individual(s) who consents to testify on its behalf; the identity, description and title of that individual; and the matter(s) on which that individual will testify. (iii) If the notice or subpoena does name a particular officer, director, member or employee of the entity, the entity, pursuant to CPLR 3106(d), shall produce that individual, unless , no later than ten days before the deposition, the entity designates another individual who consents to testify on its behalf, in the place of the named or subpoenaed officer, director , member or employee of the entity; and shall provide the identification , description or title of the new individual, and the matter(s) on which the individual will testify. (iv) Deposition testimony given pursuant to this Rule shall be usable against the entity on whose behalf the testimony is given to the same extent as provided in CPLR 3117(2). American LegalNet, Inc. www.FormsWorkFlow.com Plaintiff Index Number: v. Preliminary Conference Order Defendant Page 7 of 1 3 (v) The deposition of an entity shall be treated as a single deposition even though more than one person may be designated to testify on the presumptive (seven hour) durational li mit is in effect but may be enlarged by agreement of the parties or upon application for leave of Court, which shall be freely given. Names of entities to be deposed: (i) For plaintiff(s) : (ii) For plaintiff(s) : (iii) For defendant (s): (iv) For defendant (s): Please use additional sheet s if necessary. A ll entity depositions will be completed on or before: . (6) IMPLEADER: Defendant shall serve its t hird - p arty summons and complaint no later than 45 days after the Preliminary Conference. (7) E