Hon. Pamela L. Fisher: Rules IAS Part MMESP-7, Part 15 and Part 94

360 Adams Street, Courtroom 525
Brooklyn, NY 11201

Principal Law Clerk: Danielle N. Menendez, Esq. dmenend@nycourts.gov
Assistant Law Clerk: Sydney Schein sschein@nycourts.gov
Part Clerk: Paul Federico

Chambers Telephone No.: 347-296-1859
Courtroom Telephone No.: 347-404-9651
Fax No.: 212-618-2145

EFF. IMMEDIATELY AND UNTIL FURTHER NOTICE: 4/6/2021
THERE WILL BE NO PERSONAL APPEARANCES. ALL CONFERENCES AND MOTIONS WILL BE CONDUCTED VIRTUALLY VIA MICROSOFT TEAMS.
COURTESY COPIES OF E-FILED MOTIONS ARE NOT REQUIRED. 
WORKING COPIES OF NON E-FILED MOTIONS MUST BE PROVIDED. 

NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED.

**Parties may request a settlement/status conference at any time. To request a conference, parties should email Danielle Menendez at  dmenend@nycourts.gov. Emails must be on notice to all counsel and include the caption, index number, and a brief summary of the status of the action.  

GENERAL MOTION CALENDAR
General motion calendar is heard every Wednesday. 

Cross motions must be filed with Motion Support, courtesy copies filed with the part clerk, room 525, one week prior to the return date. 

Motions on the general motion calendar may be adjourned on the consent of the parties (to any motion date).

Motions on the general motion calendar may be adjourned, settled, or withdrawn. 

Motions on the general motion calendar may NOT be submitted unless otherwise indicated. 

Settlements, adjournments or withdrawals, shall be filed appropriately and courtesy copies must be sent to Sydney Schein at sschein@nycourts.gov or by fax at 212-618-2145. All settlements, adjournments, or withdrawals must be sent by 11:00 A.M. on the motion calendar day. All correspondence must be on notice to all parties. 

When a motion is fully briefed, parties must notify the Court and indicate whether oral argument is requested. Notification/Application must be made via email to Danielle Menendez at dmenend@nycourts.gov. Upon receipt of counsel’s email, the Court will advise whether oral argument will be scheduled, based on the Court’s discretion.  Oral argument will not be heard on the day an application for oral argument is made with the Court. 

If the Court schedules oral argument, the parties must provide the Court with a phone number and email address for all participating parties prior to the scheduled oral argument date. 

ORAL ARGUMENT CALENDAR
Oral argument dates will be scheduled by the Court.

All appearances will be conducted via Microsoft Teams. If you are unable to proceed virtually, you must notify the court at the time you are requesting oral argument. 

Counsel is required to provide the court with courtesy copies of the motions and opposition including all supporting papers and exhibits at least one week prior to the oral argument date. Courtesy copies may be filed with the part clerk, room 525. WORKING COPIES ARE REQUIRED FOR ALL MOTIONS. Papers handed upon the date of oral arguments may not be considered. 

All necessary documents shall be annexed (see CPLR § 2214(c)).

Exhibit tabs are required on all papers filed with the Court. 

Adjournments for motions on the oral argument calendar are on application to the Court, even if the parties’ consent, and will only be granted for good cause shown. 

CONFERENCES
Parties may request a settlement, status, and discovery conference at any time. To request a conference, parties should email Danielle Menendez at dmenend@nycourts.gov. Emails must be on notice to all counsel and include the caption, index number, brief summary of the status of the action, and reason for the requested conference. 

RULES REGARDING PROCEDURES FOR NYC HEALTH AND HOSPITAL CORPORATION MEDICAL MALPRACTICE PART (KINGS COUNTY) MMESP-7 

RULES REGARDING PRELIMINARY CONFERENCES FOR NYC HEALTH AND HOSPITAL CORPORATION MEDICAL MALPRACTICE PART (KINGS COUNTY) MMESP-7 

STIPULATION AND ORDER 

PRELIMINARY CONFERENCE ORDER 

TRIALS
The Court will conference every case when it is assigned for Trial. Counsel shall inform the Court of any schedule conflicts and the need for an interpreter.

At the initial conference, counsel must submit marked pleadings and any motions in limine to the Law Clerk.

All parties must be present in court by 10:00 A.M. unless otherwise scheduled by the Court. 

Prior to the trial, counsel must submit to the Court copies of any deposition testimony that will be offered into evidence.

All exhibits must be pre-marked by the part clerk before trial begins. 

All proposed jury charges and proposed verdict sheets shall be submitted to the Court in typed form at the commencement of the trial.

Subpoenaed records for trial must be sent to “New York State Supreme Court, Kings County, Subpoenaed Records, 360 Adams Street, Brooklyn, New York 11201.” Trial authorizations should be filled out accordingly. It is the responsibility of the attorneys to ensure that the subpoenaed records have arrived in the records room before trial.

Any evidence remaining in the courtroom at the conclusion of trial will be disposed of after 5 days.

COMPROMISE ORDERS
The applicant must comply with the requirements of CPLR §§1207 & 1208, Uniform Rule §202.67 and/or EPTL§ 5-4.6. 

Applications for compromise orders must be filed electronically through NYSCEF or where the action does not participate in NYSCEF, by mail to the Motion Support Office, at 360 Adams Street, Room 227. Movant must email Sydney Schein at sschein@nycourts.gov to confirm receipt of the petition/motion and to provide a courtesy copy on non e-filed actions. 

Defense counsel must be noticed on all applications and documents submitted to the Court and must appear at the hearing unless their appearance and receipt of supporting papers have been waived. All such waivers must be in writing and provided to the Court. The waiver must state that all remaining parties (other than the applicant) have waived service of the notice of appearance at the hearing and notice of the papers and communication in support of the application. 

Upon submission of all required documents, a Hearing will be scheduled and conducted virtually by way of Microsoft Teams, based on the Court’s discretion. If necessary, chambers will send an email/letter of instruction to request revisions and/or missing documents. Counsel for plaintiff(s) must appear at the hearings with their clients. 

Pursuant to 22 NYCRR 202.5(e)(2), the Court requires that the infant-petitioner’s full name and date of birth appear in the order. Questions or concerns on this matter may be addressed to chambers.

Additionally, all submissions shall include either a letter offering the proposed settlement amount or a stipulation of the parties reflecting same.