How to Complete Discovery in 12 Weeks

Our 12 Week Plan identifies every task that must be accomplished over the next 12 weeks and assigns the member of our team who is responsible for each task.  

At our weekly goal meetings, we will review the previous week to determine whether the tasks for that week were achieved and review the tasks that must be completed in the upcoming week. As necessary, the 12 Week Plan will be revised at the weekly goal meetings.

If there are too many tasks assigned to one person, we can re-assign the tasks at our goal meeting during Week #1.

Our Strategy

To identify every task that must be completed during discovery and achieve every task during the week identified in our 12 Week Plan.

Our Self-Imposed Deadline to Complete Discovery

To complete all remaining discovery and file the note of issue WITHIN 12 WEEKS.

Week #1

• Call counsel for the non-party witnesses to schedule a date before the end of March for the non-party depositions of the cardiologist and the nurses identified in the subpoenas (PARALEGAL)
• Follow up with plaintiff’s decedent’s primary care physician regarding outstanding request for primary care medical records (PARALEGAL)
• Call client to identify potential character witnesses for plaintiff’s decedent (PARALEGAL)
• If necessary, disclose the names and addresses of the character witnesses to defendants’ counsel (PARALEGAL)
• Send written request with authorization for the plaintiff’s decedent’s health insurance benefits with the State of New York (PARALEGAL)
• Call defendants’ counsel to confirm employment status of the nurses identified in the plaintiff’s notice of deposition (PARALEGAL)
• Send letter to defendant’s counsel confirming that they will not seek a deposition of the plaintiff’s children (PARALEGAL)
• Call defendants’ counsel to schedule a date for the original chart review of the medical records and hospital policies (SECRETARY)
• Send medical records and retainer check to expert cardiologist (SECRETARY)
• Send medical records and retainer check to expert in emergency medicine (SECRETARY)

Week #2 

• Call defendant’s counsel to schedule a date for the plaintiff’s deposition (PARALEGAL)
• Send a letter request with authorization for therapy records of plaintiff’s decedent’s daughter (SECRETARY)
• Call pathologist to attempt to schedule a meeting regarding the autopsy (PARALEGAL)
• Send letter to defendants’ counsel confirming that they do not wish to depose the plaintiff’s decedent’s children (PARALEGAL)
• Follow up concerning request for pension/retirement benefits (SECRETARY)
• Call defendants’ counsel to schedule a date for the original chart review of the medical records and inspect the hospital policies (SECRETARY)
• Follow up with medical providers concerning any outstanding requests for medical records (SECRETARY)
• Mail letter to defendants’ counsel asking for confirmation that there are no outstanding discovery responses due from the plaintiff (LAWYER)
• Hire a stenographer and videographer for the non-party depositions of the employees of Capital Cardiology (SECRETARY)

Week #3

• Email our social media policy (requesting clients to make their social  media accounts private) to our client (SECRETARY)
• Conduct depositions of the non-party witnesses (LAWYER)

Week #4

• Schedule meeting with plaintiff’s decedent’s therapist (SECRETARY)
• Speak with our client to request photos of the plaintiff’s decedent with his children and family (and upon receipt of the photos, mail laser color copies to defendants’ counsel) (PARALEGAL)

Week #5

• Schedule the depositions of the employees of defendant (PARALEGAL)
• Send a reminder via letter to defendants’ counsel reminding them that discovery responses are due no later than April 12th (PARALEGAL)
• Conduct the original chart review of the hospital records and policies (LAWYER)

Week #6

• Schedule meetings with expert cardiologist and emergency medicine physician, for a date one week prior to the defendants’ depositions (SECRETARY)
• Meet with the plaintiff’s decedent’s daughter’s therapist (LAWYER)

Week #7

• Review economic report and NY Pattern Jury Instructions to determine need to deduct income taxes from economic calculations (LAWYER)

Week #8 

• Hire stenographer and videographer for the defendants’ depositions (SECRETARY)

Week #9

• Meet with expert cardiologist. to prepare for the defendants’ depositions (LAWYER)
• Meet with expert in emergency medicine to prepare for the defendants’ depositions  (LAWYER)

Week #10

• Conduct depositions of the defendant physicians (LAWYER)
• Conduct depositions of the nurses from the defendant hospital (LAWYER)
• Call stenographer to request deposition transcripts on an expedited basis (SECRETARY)

Week #11

• Review the defendants’ deposition transcripts (LAWYER)
• Draft plaintiff’s expert response (attaching the economic report)(LAWYER)
• Draft an amended verified bill of particulars with new allegations of negligence (if necessary)(LAWYER)
• Review defendants’ discovery responses in their entirety to ensure that there are no outstanding discovery responses (LAWYER)

Week #12

• Draft and file the note of issue (PARALEGAL)
• Send letter to Judge informing them that the plaintiff filed the note of issue and requests the first available trial date (LAWYER)