CBF Industria De Gusa S/A et al v. Amci Holdings,Inc., et al

Filing 699

ORDER: The Court has received the joint letter of July 12, 2023 concerning the Final Pre-Trial Conference set for July 26, 2023. The Court has reviewed the parties' motions in limine. If the parties are content to rest on their submissions that will be sufficient, except that the Court may pose questions. The Court anticipates ruling on the motions at the conference. Jury instructions will be addressed at trial. The principals on each side should be redoubling their efforts to settle this m atter. The Court will require the parties to make a joint submission to the Chambers email inbox (and not filed on ECF) by July 18, 2023 on the process (not negotiating positions) utilized by the parties to resolve this case since the Court's Op inion and Order of January 13, 2023, including any past or future meeting and the identity of participants. and as set forth herein. SO ORDERED., ( Final Pretrial Conference set for 7/26/2023 at 02:00 PM before Judge P. Kevin Castel., Jury Selection set for 9/18/2023 at 10:00AM before Judge P. Kevin Castel., Jury Trial set for 9/18/2023 at 10:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/12/2023) (ama)

Case 1:13-cv-02581-PKC-JLC Document 699 Filed 07/12/23 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CBF INDUSTRIA DE GUSA S/A, et al.,
Plaintiffs,
-against-

13-cv-2581 (PKC)
ORDER

AMCI HOLDINGS, INC., et al.,
Defendants.
-----------------------------------------------------------x
CASTEL, U.S.D.J.
The Court has received the joint letter of July 12, 2023 concerning the Final PreTrial Conference set for July 26, 2023. The Court has reviewed the parties’ motions in limine.
If the parties are content to rest on their submissions that will be sufficient, except that the Court
may pose questions. The Court anticipates ruling on the motions at the conference. Jury
instructions will be addressed at trial.
The questions posed in the letter concerning trial schedule are consistent with the
parties’ view stated in their Joint Pre-Trial Order that, left to their own predilections, they would
occupy the time of a jury sitting in this district for more than a month (20 trial days). It is the
Court’s view that preservation of the right to a jury trial is dependent upon the cooperation of
citizen-jurors, some of whom travel to Court from distant localities in Westchester and Rockland
Counties. Jurors uniformly desire to have trials completed in fewer days rather than have their
service prolonged. We will not sit on October 9 (Columbus Day) and September 25 (Yom
Kippur).
There are many arrangements that counsel can make to promote efficiency,
including engaging in trial prep at an earlier time so as to avoid a conflicting religious obligation,

Case 1:13-cv-02581-PKC-JLC Document 699 Filed 07/12/23 Page 2 of 3

calling a different witness out of turn, or shortening the length of a trip over Columbus Day
weekend to three days.
The Court feels reasonably certain that it can accommodate Mr. Bhandari’s
request that the trial be completed by October 31, 2023, because by then, the Court will be
winding up the trial of United States v. Silva, 20-cr-120, which commences on October 23, 2023.
The Court recognizes that there are multiple defendants and a jury has been
demanded. But the only claim remaining is a single claim to enforce the Award under the New
York Convention and such a claim is intended to be adjudicated in a summary proceeding.
Taking full account of the Court’s familiarity with the claims and defenses, the
stipulation of facts, the nature of discovery in this case and the evidentiary assertions reflected in
the Joint Pre-Trial Order and motions in limine, and the absence of self-restraint exhibited by the
parties in their submissions (see, e,g., the 826 paragraphs of statement and counterstatements of
fact on the summary judgment motions), 1 the Court intends to set time limits (calculated in hours
and measured in chess clock fashion) on each side’s presentation of evidence and argument. As
part of its formulation of time limits, it will consider the proposals of each side, which may be
filed by July 18, 2023. Also, at trial, the Court reserves the right to modify the limits in the
interest of justice.
The principals on each side should be redoubling their efforts to settle this matter.
The Court will require the parties to make a joint submission to the Chambers email inbox (and
not filed on ECF) by July 18, 2023 on the process (not negotiating positions) utilized by the
parties to resolve this case since the Court’s Opinion and Order of January 13, 2023, including
any past or future meeting and the identity of participants.

1

See Opinion and Order of January 13, 2023 at p. 4.

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Case 1:13-cv-02581-PKC-JLC Document 699 Filed 07/12/23 Page 3 of 3

SO ORDERED.

Dated: New York, New York
July 12, 2023

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