Cates et al v. The Trustees of Columbia University in the City of New York et al

Filing 433

ORDER denying 428 Motion re: 428 MOTION For Ruling Under Rule 43 Regarding Witnesses Avoiding In-Person Testimony . Plaintiffs' request that the Court order Defendant to submit in camera the current and anticipated vac cination status of each witness seeking to avoid in-person testimony and the particular reasons that he or she would prefer not to attend or would be uncomfortable testifying in person, (ECF No. 428), is DENIED. The COVID-19 pandemic itself does no t alone constitute "good cause" or "compelling circumstances" to allow witnesses to testify remotely rather than personally in court. Fed. R. Civ. P. 43. All witnesses designated to testify at trial, who are within the subpoena power of this Court, must testify in-person unless the parties agree otherwise, or the Court finds good cause in compelling circumstances to permit a particular witness to testify by contemporaneous transmission from a different location. The Clerk of Court is directed to close the motion accordingly. SO ORDERED.. (Signed by Judge George B. Daniels on 4/1/2021) (ks)

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