Betances v. Fischer et al

Filing 322

ORDER: As per the conference held on June 20, 2021: 1. Defendants' suggestion that the Court reconsider the statute of limitations issuein light of Chavez v. Occidental Petroleum (N.Y. 2020), is denied. 2. Defendants' request to exclude t he testimony of Shawn Smith is denied; however, Defendants may depose Mr. Smith. 3. Defendants' request to revisit qualified immunity in light of Early v. Annucci (2d Cir. 2020) is denied. All other issues that are subject of the parties' motions in limine and pre-trial briefs are denied without prejudice to renewal at an appropriate juncture. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/10/2021) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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PAUL BETANCES, et al.,
:
:
Plaintiffs,
:
:
- against :
:
BRIAN FISCHER, in his capacity as
:
Commissioner of the New York State
:
Department of Correctional Services (DOCS), :
and in his individual capacity, et al.,
:
:
Defendants.
:
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6/10/2021
11-CV-3200 (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
As per the conference held on June 20, 2021:
1. Defendants’ suggestion that the Court reconsider the statute of limitations issue
in light of Chavez v. Occidental Petroleum (N.Y. 2020), is denied.
2. Defendants’ request to exclude the testimony of Shawn Smith is denied;
however, Defendants may depose Mr. Smith.
3. Defendants’ request to revisit qualified immunity in light of Early v. Annucci (2d
Cir. 2020) is denied.
All other issues that are subject of the parties’ motions in limine and pre-trial briefs
are denied without prejudice to renewal at an appropriate juncture.
SO ORDERED.

Dated: June 10, 2021
New York, New York

_________________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE

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