Knopf v. Phillips, et al.

Filing 282

ORDER: Accordingly, it is hereby ORDERED that, by July 24, 2020 the parties to the Esposito Action shall submit letters on ECF proposing a schedule for further proceedings in that action. IT IS FURTHER ORDERED that, by July 24, 2020 the plaint iffs in the Phillips Action shall identify the causes of action on which they intend to proceed to trial and against whom. IT IS FURTHER ORDERED that a partys submission to the Court in either the Esposito or Phillips Actions may not exceed two pages. IT IS FURTHER ORDERED that, should a conference be necessary, it shall be held on July 31, 2020 at 10:00 am. The July 31 conference, if necessary, will proceed as a telephone conference. If a conference is held, the parties shall use th e following dial-in credentials, which are also accessible to the press and public: Dial-in: 888-363-4749 Access code: 4324948 IT IS FURTHER ORDERED that the parties shall use a landline if one is available. SO ORDERED. (Telephone Conference set for 7/31/2020 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/13/2020) (jca)

Case 1:16-cv-06601-DLC-SN Document 282 Filed 07/13/20 Page 1 of 3

-------------------------------------- X
:
NORMA KNOPF and MICHAEL KNOPF,
:
:
Plaintiffs,
:
-v:
:
MICHAEL PHILLIPS, PURSUIT HOLDINGS,
:
LLC, and MICHAEL H. SANFORD,
:
:
Defendants.
:
:
-------------------------------------- X

16cv6601 (DLC)
17cv5833 (DLC)
ORDER

-------------------------------------- X
:
NORMA KNOPF and MICHAEL KNOPF,
:
:
Plaintiffs,
:
-v:
:
FRANK M. ESPOSITO, DORSEY & WHITNEY
:
LLP, NATHANIEL AKERMAN, EDWARD
:
FELDMAN, and MICHAEL SANFORD,
:
:
Defendants.
:
:
-------------------------------------- X
DENISE COTE, District Judge:
On February 25, 2020, the Second Circuit Court of Appeals
reversed most of this Court’s Orders in the above-captioned
actions.

The mandates returning jurisdiction to this Court

issued on April 8 and 17.

On May 29, this Court denied

plaintiffs’ motions for recusal and reassignment in both cases.
On June 16, 2020, the plaintiffs filed a second amended
complaint (“SAC”) in the Esposito Action.
must be set in the Esposito Action.

A discovery schedule

The surviving claims in the

Case 1:16-cv-06601-DLC-SN Document 282 Filed 07/13/20 Page 2 of 3

Phillips Action appear ready for trial.

Accordingly, it is

hereby
ORDERED that, by July 24, 2020 the parties to the Esposito
Action shall submit letters on ECF proposing a schedule for
further proceedings in that action.

The parties shall identify

any depositions they wish to take and any experts who will issue
expert reports on their behalf.

In their letter, the plaintiffs

should identify which causes of action they intend to pursue and
against whom.
IT IS FURTHER ORDERED that, by July 24, 2020 the plaintiffs
in the Phillips Action shall identify the causes of action on
which they intend to proceed to trial and against whom.

By that

same date, the parties in the Phillips Action shall submit
letters on ECF indicating whether they consent to a stay of the
trial until such time as the Esposito Action is ready for trial,
understanding that a decision as to whether to consolidate the
cases for trial may not be made until the Esposito Action is
ready for trial.
IT IS FURTHER ORDERED that a party’s submission to the
Court in either the Esposito or Phillips Actions may not exceed
two pages.
IT IS FURTHER ORDERED that, should a conference be
necessary, it shall be held on July 31, 2020 at 10:00 am.
2

The

Case 1:16-cv-06601-DLC-SN Document 282 Filed 07/13/20 Page 3 of 3

July 31 conference, if necessary, will proceed as a telephone
conference.

If a conference is held, the parties shall use the

following dial-in credentials, which are also accessible to the
press and public:
Dial-in:
Access code:

888-363-4749
4324948

IT IS FURTHER ORDERED that the parties shall use a landline
if one is available.
SO ORDERED:
Dated:

New York, New York
July 13, 2020
__________________________________
DENISE COTE
United States District Judge

3