Felix et al v. City Of New York et al

Filing 156

ORDER: Accordingly, the parties are hereby ORDERED to meet and confer and submit a joint letter by January 8, 2021, responding to the following questions as further set forth in this Order. If the parties do not consent to a bench trial and indicate that they are ready to proceed with a jury trial on the scheduled date, the Court will request a jury for that date, consistent with the protocols implemented by the Southern District. In that event, the parties shall be prepared to procee d to trial as of that date and on each following week through June 2021. The Court will provide the parties as much notice as possible about whether their case will proceed to trial during any of those weeks. Per discussion at the October 30, 2020, conference, the parties' joint pretrial submissions are due March 15, 2021. Motions in limine must be filed by April 15, 2021, with oppositions to be filed by May 7, 2021, and replies filed by May 14, 2021. A final pretrial conference is hereby set for June 2, 2021, at 11:00 a.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/22/2020) ( Motions due by 4/15/2021., Responses due by 5/7/2021, Replies due by 5/14/2021.) (ks)

Case 1:16-cv-05845-AJN Document 156 Filed 12/22/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
12/22/2020
Dorrelien Felix, et al.,
Plaintiffs,
–v–
City of New York, et al.,

16-cv-5845 (AJN)
ORDER

Defendants.

ALISON J. NATHAN, District Judge:
On October 30, 2020, trial in this case was set to begin on June 14, 2021. The Southern
District of New York has reconfigured courtrooms and other spaces in its courthouses to allow
jury trials to proceed as safely as possible during the COVID-19 pandemic. Due to the protocols
implemented in response to the challenges posed by the COVID-19 pandemic, the Southern
District is scheduling all jury trials through a centralized calendaring process, giving priority to
criminal trials.
Though the Court will make every effort to try the case at the currently scheduled date, it
cannot guarantee that a jury trial in this matter will be able to proceed as scheduled.
Accordingly, the parties are hereby ORDERED to meet and confer and submit a joint letter by
January 8, 2021, responding to the following questions:
1. In the event that this case proceeds to trial, do all parties consent to a bench trial
before this Court? If either party does not consent to a bench trial, the parties shall
advise the Court that they do not consent, but without disclosing the identity of the
party or parties who do not consent. The parties are free to withhold consent without
negative consequences.
2. If the parties instead elect to proceed with a jury trial, are they prepared to proceed to
trial on the scheduled date?

Case 1:16-cv-05845-AJN Document 156 Filed 12/22/20 Page 2 of 2

If the parties do not consent to a bench trial and indicate that they are ready to proceed
with a jury trial on the scheduled date, the Court will request a jury for that date, consistent with
the protocols implemented by the Southern District. In that event, the parties shall be prepared to
proceed to trial as of that date and on each following week through June 2021. The Court will
provide the parties as much notice as possible about whether their case will proceed to trial
during any of those weeks.
Per discussion at the October 30, 2020, conference, the parties’ joint pretrial submissions
are due March 15, 2021. Motions in limine must be filed by April 15, 2021, with oppositions to
be filed by May 7, 2021, and replies filed by May 14, 2021. A final pretrial conference is hereby
set for June 2, 2021, at 11:00 a.m.
SO ORDERED.
Dated: December 22, 2020
New York, New York

____________________________________
ALISON J. NATHAN
United States District Judge