Weisshaus v. The Port Authority of New York and New Jersey et al

Filing 118

ORDER: The parties are instructed to alert the Court by letter dated no later than June 3, 2021, of their availability for a conference call during the week of June 7, 2021, for purposes of discussing the substance of the attached Proposed Order. So Ordered. (Signed by Judge Richard K. Eaton on 6/2/2021) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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YOEL WEISSHAUS,
Plaintiff,
-against-

11 Civ. 6616 (RKE)
ORDER

PORT AUTHORITY OF NEW YORK
AND NEW JERSEY,
Defendant.
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ORDER

The parties are instructed to alert the Court by letter dated no later than June 3, 2021, of
their availability for a conference call during the week of June 7, 2021, for purposes of
discussing the substance of the attached Proposed Order.
IT IS SO ORDERED.

Dated: June 2, 2021
New York, New York

/s/ Richard K. Eaton
Richard K. Eaton
U.S.D.J., by Designation

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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YOEL WEISSHAUS,
Plaintiff,

11 Civ. 6616 (RKE)

-against-

PROPOSED ORDER

PORT AUTHORITY OF NEW YORK
AND NEW JERSEY,
Defendant.
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PROPOSED ORDER
On June 25, 2020, the Court converted Defendant’s motion to dismiss for failure to state a
claim to one for summary judgment on Plaintiff’s sole remaining claim that revenue from a toll
increase implemented in 2011 was used for projects not functionally related to the Interstate
Transportation Network, ECF No. 82.
Thereafter, the Court issued several orders scheduling discovery, but reserved judgment
on Plaintiff’s most recent request for an extension of time, ECF No. 88, in anticipation of
Plaintiff’s first motion to compel, filed October 16, 2020, ECF No. 92.
Since the filing of Plaintiff’s motion, Plaintiff has received responses to his approved
interrogatories, ECF No. 104-1, as well as the “entire document production” made by Defendant
to AAA in a previous proceeding, AAA Northeast et al. v. The Port Authority, No. 11-6746, ECF
No. 95. Further, Plaintiff deposed Defendant’s designated Rule 30(b)(6) witness, Michael Fabiano,
on May 3, 2021.

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Accordingly, the Court denies Plaintiff’s motion for an extension of time, ECF No. 88, and
directs that the remaining discovery, and summary judgment briefing, shall proceed as follows:
1. Additional interrogatories and document demands, if any, to be submitted to the Court for
approval by July 16, 2021;
2. Subpoenas of additional Port Authority witnesses whom Plaintiff intends to depose
issued by August 20, 2021;
3. All fact discovery to be completed by October 8, 2021;
4. Joint statement of material facts not in dispute, including a joint definition of “tolls,” due
by November 30, 2021;
5. Plaintiff’s cross-motion for summary judgment, if any, due by December 17, 2021;
6. Defendant’s brief in support of summary judgment and in response to Plaintiff’s crossmotion, if any, due by January 14, 2022;
7. Plaintiff’s response brief due by February 18, 2022;
8. Defendant’s reply due by March 25, 2022.
__________________________
Richard K. Eaton, Judge
Dated: June 2, 2021
New York, New York

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