Hon. Ben Barbato — Part IA-15 Rules

PART IA-15: JUSTICE BEN R. BARBATO – RULES updated/revised April 10, 2023

I. Disclosure Conferences

In compliance with statewide Administrative Orders, the parties are expected to complete outstanding

discovery on pending matters using every available technology (including paper discovery, depositions

and IMEs, if possible), and must make every effort to resolve discovery disputes without the need for

Court intervention (see generally, 22 NYCRR 202.7[c]; Justice Gonzalez Administrative Order dated June

24, 2020; and Administrative Order AO/129/20).

Accordingly, Status/Compliance Conference appearances will be held in the following manner:

A. EFFECTIVE MAY 10, 2023 – DISCLOSURE CONFERENCES WILL TAKE PLACE IN-PERSON

and Microsoft Teams virtual conferences will no longer be held.

Status and compliance conference dates via e-Courts will function as in-person conference dates.

Conferences will no longer be administratively adjourned. To avoid an in-person conference, strict

adherence with the Part Rules is required.

B. In-person conferences will take place on Wednesdays in Courtroom 702 beginning at 9:30AM. If

there is a change in location, it will be posted on the Courtroom door. Failure to appear will result in

an appropriate Order, including striking of pleadings, if warranted.

C. If the parties agree on all issues relating to outstanding discovery, the parties shall e-file a fully

executed stipulation onto the NYSCEF system and e-mail a fully executed stipulation to:

PARTIA15@nycourts.gov with the subject line “Stip in Lieu of Conf Index No. xxxxxx/xxxxE”.

Stipulations must be uploaded to the NYSCEF system. If acceptable, the stipulation will be “So

Ordered” by the Court and sent to the Clerk for uploading to the NYSCEF system. The case will be

given a future in-person conference date via e-Courts.

D. Given the large number of assigned cases to the Court, please be advised that it may take some time

for your matter to be scheduled for the compliance conference. The Court strongly advises counsels

to confer with one another in accordance with the several good faith requirements.

E. If all parties agree that discovery is complete, the parties shall e-file a fully executed stipulation

onto the NYSCEF system, or for non-electronic filing cases only, e-mail a fully executed stipulation

to: PARTIA15@nycourts.gov, on or before the scheduled Status/Compliance conference date. The

stipulation must certify that all discovery is complete and provide for the filing of the NOI.

 Make sure to copy all other parties on any e-mail sent to the Court. No ex parte

communication will be accepted and failure to provide notice to all parties will result in the

deletion of the e-mail and nonresponse by the Court.

F. Parties shall not file a Note of Issue unless fully stipulated or upon leave by the Court to do so, which

leave shall be communicated by the Court’s Law Clerk. In the event the parties reasonably disagree

that discovery remains outstanding, a request for an accelerated compliance conference date may be

made by contacting the Court’s Law Clerks at: PARTIA15@nycourts.gov. Such request shall

specifically delineate the specific disagreement with regard to outstanding discovery and further the

good faith efforts to resolve the same in accord with 22 NYCRR 202.7[c]; and applicable Bronx

Supreme Court Administrative Orders issued by Administrative Judge Gonzalez.

G. Requests for EBT rulings must be made before the assigned ex parte Judge and not Part 15.

II. Pre-Trial and Settlement Conferences

A. Pre-Trial Conferences

On or before the designated Pre-trial Conference date, the parties shall e-file (if the matter is an e-file

case) and e-mail a notice to the Court (PARTIA15@nycourts.gov) indicating whether the parties (1)

are requesting a pre-trial virtual settlement conference before the Judge; (2) are agreeing to binding

arbitration, a summary jury trial, or a virtual bench trial, (3) have agreed to settle the matter, including

the settlement amount if not confidential; or (4) are advising that none of the above applies, and there

are no outstanding pre-trial issues in the matter that require Court intervention/resolution. In addition,

please disclose the insurance policy limits for the defendant(s).

If the parties do not contact the Court in advance of the scheduled pre-trial conference date, the pre-

trial conference will be administratively adjourned to a future date. Cases where at least one year has

elapsed from the NOI filing date will be placed on the STP calendar.

*Be advised that if the notice is requesting a pre-trial conference, it must be signed or agreed to

by all parties. A Microsoft Teams link will be sent by the Court approximately two weeks prior

to the conference date. Notwithstanding the e-courts system, any conference scheduled date will

only be transmitted by the Court.

B. Settlement Conferences

Part 15 conducts its settlement conference/ADR calendar virtually. Please adhere to the following

guidelines to request a settlement conference:

1. All conferences will be held via Microsoft Teams.

2. Parties shall confer with one another and e-mail the request to: PARTIA15@nycourts.gov. In

the request, please include the case name, index number, the names and contact phone number

for the attorneys.

3. Make sure that all parties are included on any e-mail communication to the Court.

4. Anyone appearing at a settlement conference is expected to have full authority to resolve the

case, and/or immediate access to their client to obtain such authority.

*Be advised that additional vertical calendars are being arranged with specific carriers as well

as plaintiff’s firms. If you have a case inventory that would benefit from a vertical calendar day,

please advise the Court at the above e-mail.

C. Motions

All motions will be decided “on submission” unless specifically scheduled for oral

argument/conference before the Court via Microsoft Teams. Please contact the Court immediately if

there have been any developments in a case that would affect the resolution of a pending motion (i.e.,

settlement, stipulation to adjourn, withdrawal, etc.). Please make sure to copy all other parties in the

case on any e-mail sent to the Court.

Chambers does not require working copies of electronically-filed motion papers (see Administrative

Order AO/121/20).

*THE DEADLINE TO FILE A MOTION FOR SUMMARY JUDGMENT IS SIXTY (60) DAYS AFTER

THE FILING OF THE NOTE OF ISSUE. PARTIES MAY NOT STIPULATE TO EXTENDING THIS

TIME FRAME.