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Commercial Division NY Supreme Court Onondaga County Chambers and Part Information Justice Karalunas Court Part Supreme Court of the State of New York Onondaga County Courthouse 401 Montgomery Street Syracuse, NY 13202 Part Judicial Hearing Officer: Charles T. Major Telephone: 315 671 4268 Part Clerk: Beth Barner Telephone: 315 671 1033 Motions: Every Other Wednesday at 10:00 a.m. Chambers Supreme Court of the State of New York Commercial Division Onondaga County Courthouse, Room 401 401 Montgomery Street Syracuse, NY 13202 Law Clerk: Tania S. Anderson, Esq. Telephone: 315 671 1106 Secretary: Diane E. Daley Telephone: 315 671 1106 Chambers Facsimile: (315) 671 1184 Web page updated: January 15, 2013 475
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA COMMERCIAL DIVISION Personal Rules of Justice Deborah Karalunas 1. Requests for a Court conference must be made in writing on notice unless time is of the essence. The requesting party must outline the proposed issue(s) in the written submission. Where time is of the essence (e.g., an issue that arises during an ongoing deposition), a request for a conference may be made by telephone. 2. Attorneys must supply the Court with paper copies of all motions, pleadings or other documents that are electronically filed. No other courtesy copies will be accepted. 3. Oral argument is required on all motions. Absent prior permission of Chambers, all motions must be filed and served a minimum of 28 days before oral argument and opposing papers and any cross-motions must be filed and served a minimum of 14 days before oral argument. Reply papers, if any, and papers in opposition to any cross-motions are due seven days before oral arguments. 4. Plaintiff must submit a written settlement demand to the defendant(s) at least ten (10) days before the final pre-trial conference. In all cases to be tried by a jury, plaintiff also must submit a copy of the settlement demand to the Court. 5. Any motion for an order admitting an attorney pro hac vice shall include a proposed order. The proposed order shall include an ordering paragraph reciting 22 NYCRR Sections 520.11(e)(1) & (2) in their entirety. Rev. 09/08/11 476
Commercial Division NY Supreme Court Onondaga County Biography of Justice Deborah H. Karalunas JUSTICE DEBORAH H. KARALUNAS obtained a Bachelor of Arts degree from Cornell University in 1978 and graduated cum laude from Syracuse University College of Law in 1982. At the College of Law, Karalunas was a member of the International Law Review, Moot Court and the Justinian Honor Society. Following law school, Karalunas clerked for United States District Court Judge Howard G. Munson in the Northern District of New York. In 1983, Karalunas joined the law firm of Bond, Schoeneck & King in Syracuse, New York where she later became a partner. During her 20 years in the litigation department of that firm, Ms. Karalunas represented a variety of corporate, municipal and individual clients in the state and federal courts of New York and other states. Her practice included intellectual property, commercial, employment, antitrust, ERISA, environmental and personal injury litigation. In 2002 Karalunas was elected to serve as a Supreme Court Justice in the 5th Judicial District. She presides over a panoply of civil cases including personal injury, commercial, intellectual property, constitutional and environmental. In 2007 Karalunas was appointed presiding justice of Supreme Court, Commercial Division, Onondaga County. Justice Karalunas has been an active member of various bar associations. In addition to serving as chair of several committees and sections, she served on the Board of Directors of the Onondaga County Bar Association and the Central New York Women s Bar Association. Justice Karalunas also was the President of the Central New York Women s Bar Association. She currently serves as Secretary of the Judicial Section of the New York State Bar Association. Karalunas lectures frequently for state and local bar associations on many substantive law and trial practice topics. She also is a regular guest speaker, lecturer and moot court judge at Syracuse University College of Law. Justice Karalunas and George, her husband of 30 years, have three children: Sarah (27), Evan (24) and Brian (20). Web page updated: January 15, 2013 477
Commercial Division NY Supreme Court Onondaga County Chambers and Part Information Justice Greenwood Court Part Supreme Court of the State of New York Onondaga County Courthouse 401 Montgomery Street Syracuse, NY 13202 Part Clerk: Mary Thomason Telephone: 315 671 1044 Motions: Every Other Tuesday at 10:00 a.m. Chambers Supreme Court of the State of New York Commercial Division Tax Certiorari Part Onondaga County Courthouse, Room 410 401 Montgomery Street Syracuse, NY 13202 Law Clerk: Loretta R. Kilpatrick, Esq. Telephone: 315 671 1103 Secretary: Jennifer A. Conley Telephone: 315 671 1103 Chambers Facsimile: 315 671 1187 Web page updated: January 15, 2013 478
Commercial Division NY Supreme Court Onondaga County Biography of Donald A. Greenwood Justice Donald A. Greenwood was appointed to the New York State Supreme Court in 2004 and was elected to a full term later that same year. Justice Greenwood is the Deputy Administrative Judge for the Fifth Judicial District and was instrumental in bringing the Individual Assignment System to that district. In addition to his Commercial Term assignment, he presides over civil cases, including medical malpractice, personal injury and tax certiorari matters. Prior to his appointment to Supreme Court, Justice Greenwood was in private practice concentrating in litigation, real estate and labor law. He served as the Town Attorney for the Town of DeWitt and represented other municipalities as well. He also served as an Assistant District Attorney and Deputy County Attorney for Onondaga County. Justice Greenwood is a former director of both the Onondaga County Bar Association and the Syracuse Landmark Theatre. He has also lectured for state and local bar associations on New York State Supreme Court litigation. Justice Greenwood is a graduate of the University of Southern California. He received his J.D. from the Syracuse University College of Law and MBA from the Syracuse University School of Management. He lives in DeWitt with his wife and two children. Web page updated: January 15, 2013 479
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA COMMERCIAL DIVISION PRESIDING JUSTICE: DEBORAH H. KARALUNAS Plaintiff(s), PRELIMINARY CONFERENCE STIPULATION AND ORDER -v- Index No. RJI No. Defendant(s). [All items on the form must be completed unless inapplicable.] (1) Pertinent Dates: (a) Date of Commencement: (b) Date of Joinder: (c) RJI Date: (2) Nature of Case: (a) Plaintiff s Claims: (b) Amount Demanded: (c) Defendant s Defenses and Claims: (d) Amount Demanded: 480
(3) Attorney s Consultation: The parties consulted on, 201, in a good faith effort to reach agreement on the issues identified in Uniform Commercial Division Rule 8. Agreement was reached as follows: (a) Resolution of case (b) Discovery (c) ADR (d) E-discovery (e) Confidentiality and privilege (f) Designation of experts (4) Early Disposition: (a) This case is appropriate for early disposition by: - ADR (provide type and timing). - Limited issue discovery in aid of early dispositive motion/settlement. - Dispositive motion will be filed on or before. - Other. (b) This case is not appropriate for early disposition because It is hereby STIPULATED and ORDERED that disclosure shall proceed as follows: (5) Insurance Coverage shall be furnished on or before. (6) Bill of Particulars: Demand for a bill of particulars shall be served on or before (7) Interrogatories shall be served on or before. 481
(8) Depositions: Choose (a) or (b) (a) Deponent Date & Time Place (b) The parties shall set a schedule for depositions. Depositions of all parties shall be completed on or before. Depositions of all non-party witnesses are to be completed on or before. (9) Expert Disclosure: (a) Plaintiff(s) shall serve expert disclosure on or before (no later than 30 days after the filing of the trial note of issue). (b) Defendant(s) shall serve expert disclosure on or before (no later than 60 days after the filing of the trial note of issue). Note: Expert disclosure provided after these dates without good cause will be precluded from use at trial. (10) Other Disclosure: (a) Names and addresses of all witnesses, statements and photographs shall be exchanged by all parties on or before. (b) Demands for discovery and inspection shall be served on or before. (c) Demands for admissions shall be served on or before. (d) Other (specify). (11) Confidentiality/Non-Disclosure Agreement: (a) anticipates the need for a Confidentiality/Non- Disclosure Agreement as to the following:. Note: In the event that a Confidentiality/Non-Disclosure Agreement is required, the party seeking confidentiality shall promptly prepare and circulate a proposed agreement. The failure to promptly prepare and circulate a proposed agreement may result in a waiver of any claim of confidentiality. See 22 NYCRR 216.1. 482
(12) End Date for All Disclosure:. Note: On consent parties may modify the specific dates set forth in this discovery stipulation and order provided that all discovery is completed by the discovery cut-off date. (13) Impleader shall be completed on or before. (14) Motions - Generally: (a) Plaintiff(s) intends to make the following motions. (b) Defendant(s) intends to make the following motions Note: Form of Papers - The notice of motion or order to show cause shall include a statement of the precise relief sought. - All dispositive motions must include a copy of the pleadings. - Exhibit tabs are required. - If a document to be annexed to an affidavit or affirmation is voluminous and only discrete portions are relevant to the motion, counsel shall attach only the pertinent excerpts and submit the full exhibit separately. - Memoranda of law shall not exceed 25 pages in length; reply memoranda of law shall not exceed 10 pages in length. - Sur-replies and post-argument submissions are not allowed without advance express permission of the Court. (15) Summary Judgment and Other Dispositive Motions: (a) (b) (c) All dispositive motion(s) (including a motion to dismiss or a motion for summary judgment) shall be made no later than the 30th day after filing of the trial note of issue. Upon any motion for summary judgment, other than a motion for summary judgment in lieu of a complaint, there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. Papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party and, if necessary, additional numbered paragraphs containing a separate short and concise statement of the material facts as to which that party contends that there exists a genuine issue to be tried. 483
(d) (e) Each numbered paragraph in the statement of material facts required to be served by the moving party will be deemed admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party. Each statement of material fact by the movant or opponent, including each statement controverting any statement of material fact, must be followed by citation to evidence submitted in support of or in opposition to the motion. (16) Settlement Conference will be held on (to be set by the Part Clerk). (17) Trial Note of Issue: Plaintiff(s) shall file a note of issue/certificate of readiness on or before. (18) Trial: Note: Trial note of issue must be filed within 12 months of date of filing RJI for a standard case or within 15 months of filing RJI for a complex case. (a) Plaintiff(s) anticipates that the trial of this action will take days. (b) Defendant(s) anticipates that the trial of this action will take days. (c) A pretrial conference will be held on (to be set by Part Clerk). (d) The trial of this action will commence on. Note: All pre-trial filings and submissions required by Uniform Commercial Division Rules 27, 28, 29, 31 and 32 (including motions in limine, indexed exhibit binder, witness list, identification of deposition testimony (with transcripts), pretrial memorandum, request to charge (with reference to PJI numbers or specific case citations) and jury verdict sheet) shall be filed and exchanged with opposing counsel at least five (5) days before the final pretrial conference. Failure to comply with any of these deadlines, rules or directives may result in the imposition of costs or sanctions or other action authorized by law. DATED: Attorney for Plaintiff(s) Attorney for Defendant(s) SO ORDERED: / / Attorney for Defendant(s) Hon. Deborah H. Karalunas, JSC Rev. 1/2010 484
HON. DEBORAH H. KARALUNAS FORM LETTER Final pre-trial letter addressed to all counsel following Preliminary Conference The trial in this matter is scheduled to begin on. A final pre-trial conference is scheduled for (approximately 10 days before the trial). The pretrial conference is to be attended by counsel and the parties, all of whom are expected to be fully prepared to discuss the settlement of this matter. Prior to the pre-trial conference, counsel for the parties shall pre-mark their exhibits and consult in good faith to agree upon the exhibits that will be offered into evidence without objection. Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked. In addition, counsel for the parties shall exchange a list of the deposition testimony that will be offered into evidence and consult in good faith to agree upon the portions of deposition testimony that will be offered into evidence without objection. On or before (five days before the final pre-trial conference), each party shall file with the Court and serve on opposing counsel: 1) any motions in limine; 2) a brief pre-trial memoranda (no more than two (2) pages in length); 3) an indexed binder of trial exhibits. Plaintiff s exhibits shall be marked with numbers and defendant s exhibits shall be marked with letters. The exhibit binder shall include a list identifying the exhibits upon which agreement has been reached and a separate list identifying all disputed exhibits; 4) an indexed binder of all deposition testimony to be introduced at trial. The binder shall include pertinent portions of the transcripts, a list identifying all deposition testimony upon which agreement has been reached, and a separate list identifying all deposition testimony to which objection is made including the basis for objection; 5) proposed jury charges including citations to the PJI or applicable case law; 6) a proposed jury verdict sheet; and 7) a list of witnesses including the estimated length of each witness s testimony. Your cooperation in this matter is appreciated. Very truly yours, Deborah H. Karalunas, J.S.C. 485
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