Airday v. The City Of New York , et al

Filing 225

ORDER: IT IS FURTHER ORDERED that the parties must appear for a teleconference with the Court on Friday, May 28, 2021, at 2:00 p.m. to discuss a revised draft of the Preliminary Jury Instructions, which the Court will send by email to the parties. T he parties should dial-in using to the conference using [phone] // Access code: 3121171# // Security code: 8065#. All of those accessing the conference are reminded that recording or rebroadcasting of the proceeding is prohibited by law. IT I S FURTHER ORDERED that the trial will be conducted in Courtroom 24B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Per the Court's prior instructions, the Court strongly recommends that the parties schedule a t ime to conduct a walkthrough of the courtroom and familiarize themselves with the relevant technology. And as set forth herein. SO ORDERED., ( Telephone Conference set for 5/28/2021 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/25/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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GEORGE AIRDAY,
:
:
Plaintiff,
:
:
-against:
:
:
THE CITY OF NEW YORK and KEITH
:
SCHWAM,
:
:
Defendants. :
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VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/25/2021

14-CV-8065 (VEC)
ORDER

WHEREAS the Court held a Final Pretrial Conference on May 20, 2021;
WHEREAS on May 21, 2021, the Court issued an order requiring that the parties submit
additional briefing by May 27, 2021, on issues related to Plaintiff’s ability to recover damages;
WHEREAS ahead of the FPTC, the Court had sent the parties a draft version of the
Preliminary Jury Instructions;
IT IS HEREBY ORDERED that in addition to the damages issues on which the Court
has already requested briefing by May 27, 2021, to the extent it is separate from what the parties
understood the Court to request, the parties must also brief whether Plaintiff’s entering into a
stipulation to resolve Charge One in May 2013 bars Plaintiff from recovering damages for any
period preceding the stipulation. For the avoidance of doubt, then, the issues on which the Court
requests briefing are: (1) whether Plaintiff’s stipulation to remain suspended during the pendency
of the criminal charges bars Plaintiff from recovering damages for the period during which he
was suspended; (2) whether the suspension itself bars Plaintiff from recovering damages for that
period; and (3) whether the stipulation into which Plaintiff entered in May 2013 pursuant to
which he agreed to pay a fine as a penalty for his failure to provide DOI with the documents

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specified in Charge One bars Plaintiff from recovering damages for either the period of his
formal suspension or for the period between Defendants’ decision to reinstate Charge One and
Plaintiff’s entering into the stipulation. The parties may each have an additional five pages,
bringing their total to fifteen double-spaced pages, to brief these issues.
IT IS FURTHER ORDERED that the parties must appear for a teleconference with the
Court on Friday, May 28, 2021, at 2:00 p.m. to discuss a revised draft of the Preliminary Jury
Instructions, which the Court will send by email to the parties. The parties should dial-in using
to the conference using [phone] // Access code: 3121171# // Security code: 8065#. All
of those accessing the conference are reminded that recording or rebroadcasting of the
proceeding is prohibited by law.
IT IS FURTHER ORDERED that the trial will be conducted in Courtroom 24B of the
Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Per the Court’s
prior instructions, the Court strongly recommends that the parties schedule a time to conduct a
walkthrough of the courtroom and familiarize themselves with the relevant technology.

SO ORDERED.
Date: May 25, 2021
New York, NY

____________________________
_
_________________________________
I
VALERIE CAPRONI
United States District Judge

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