Fernandez et al v. HR Parking Inc et al

Filing 198

ORDER: The Court does not understand why this evidence has not been presented to it. Accordingly, the attorneys are directed to appear at a telephonic conference at which the Court will explore this matter further. The conference shall take place on Wednesday, October 20, 2021, at 10:30 a.m. At this time, the parties shall dial [phone] and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) When dialing in to the conference, the parties must b e in a quiet indoor location and must not use a speakerphone. A telephone line and microphone technology with optimal quality should be used. The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. Ho wever, any other recording or dissemination of the proceeding in any form is forbidden. And as set forth herein. SO ORDERED., ( Telephone Conference set for 10/20/2021 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/18/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BRYAN FERNANDEZ, et al.,
:
Plaintiffs,
-v.HR PARKING INC., et al.,

:

16 Civ. 2762 (GWG)

:

ORDER

:

Defendants.
:
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GABRIEL W. GORENSTEIN, United States Magistrate Judge
As the Court has previously indicated, “the critical issue in this case” is “‘whether the
parties intended to be bound in the absence of a document executed by both sides.’” Order of
September 3, 2021 (Docket # 189) (quoting Winston v. Mediafare Ent. Corp., 777 F.2d 78, 80
(2d Cir. 1985)). The defendants’ submissions on the motion to enforce fail to provide a clear
factual narrative of what took place between the parties before the filing of the joint letter
(Docket # 177) on which the Court relied when adjourning the jury trial.
The Court does not understand why this evidence has not been presented to it.
Accordingly, the attorneys are directed to appear at a telephonic conference at which the Court
will explore this matter further. The conference shall take place on Wednesday, October 20,
2021, at 10:30 a.m. At this time, the parties shall dial [phone] and use access code:
6642374. (The public may also dial in but will be permitted only to listen.) When dialing in to
the conference, the parties must be in a quiet indoor location and must not use a speakerphone.
A telephone line and microphone technology with optimal quality should be used.
The Court will record the proceeding for purposes of transcription in the event a
transcript is ordered. However, any other recording or dissemination of the proceeding in any
form is forbidden.
Each attorney is directed to ensure that all other attorneys on the case are aware of the
conference date and time. In addition, any requests for an adjournment must be made in
compliance with Judge Gorenstein’s rules (available https://nysd.uscourts.gov/hon-gabriel-wgorenstein).
SO ORDERED.
Dated: October 18, 2021
New York, New York