Knopf v. Phillips, et al.

Filing 287

ORDER: Accordingly, it is hereby ORDERED that all claims against Sanford are dismissed in both the Phillips Action and the Esposito Action. IT IS FURTHER ORDERED that the Phillips Action is stayed pending the completion of discovery and any summa ry judgment practice in the Esposito Action. IT IS FURTHER ORDERED that the Phillips Action and the Esposito Action shall be consolidated for trial. IT IS FURTHER ORDERED that defendant Michael Phillips shall be permitted to participate in discove ry in the Esposito Action. IT IS FURTHER ORDERED that Esposito's request for a ninety-day stay of discovery is granted. The following schedule shall govern the further conduct of pretrial proceedings in the Esposito Action: All fact and exper t discovery must be completed by May 14, 2021. Any motion for Summary Judgment, Motion served by May 28, 2021, Opposition served by June 18, Reply served by July 1. IT IS FURTHER ORDERED that, should any party object to a portion of this Order ot her than the stay of discovery in the Esposito Action, they may file a letter on ECF no longer than two pages by August 7, 2020. IT IS FURTHER ORDERED that the conference scheduled for July 31, 2020 is cancelled. IT IS FURTHER ORDERED that the par ties shall attempt to resolve any discovery dispute in good faith through a meet and confer process. Should a dispute remain unresolved after that process, it may be brought to the Court's attention in a letter no longer than two pages. SO OR DERED. ***Hearings Terminated*** The following hearing(s) was terminated: Telephone Conference. Michael H. Sanford and Michael H. Sanford terminated., ( Expert Discovery due by 5/14/2021., Fact Discovery due by 5/14/2021., Pretrial Order due by 5/28/2021.) (Signed by Judge Denise L. Cote on 7/30/2020) (jca)

Case 1:16-cv-06601-DLC-SN Document 287 Filed 07/30/20 Page 1 of 5

-------------------------------------- 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 June 30, defendant Michael Sanford moved for dismissal
of the claims against him in both of the above-captioned
actions.

The plaintiffs consented to that dismissal on July 1

and July 2.

On July 16, defendant Frank Esposito requested a

stay of discovery in the Esposito Action.
objected.

The plaintiffs have

In response to the Court’s request, the parties

submitted on July 23, 24, and 27 their proposals for further
proceedings in these actions.

The parties consent to a stay of

Case 1:16-cv-06601-DLC-SN Document 287 Filed 07/30/20 Page 2 of 5

the Phillips Action, pending the completion of discovery in the
Esposito Action, and the consolidation of the cases for trial.
As set forth in their submissions, the plaintiffs intend
to proceed with the claims of actual fraudulent conveyance
under the New York Debtor and Creditor Law against Michael
Phillips in the Phillips Action.

In the Esposito Action, the

plaintiffs intend to pursue the claims brought pursuant to 42
U.S.C. § 1983 against Dorsey & Whitney LLP, Akerman, Esposito,
and Feldman.

Accordingly, it is hereby

ORDERED that all claims against Sanford are dismissed in
both the Phillips Action and the Esposito Action.
IT IS FURTHER ORDERED that the Phillips Action is stayed
pending the completion of discovery and any summary judgment
practice in the Esposito Action.
IT IS FURTHER ORDERED that the Phillips Action and the
Esposito Action shall be consolidated for trial.
IT IS FURTHER ORDERED that defendant Michael Phillips shall
be permitted to participate in discovery in the Esposito Action.
IT IS FURTHER ORDERED that Esposito’s request for a ninetyday stay of discovery is granted.

The following schedule shall

govern the further conduct of pretrial proceedings in the
Esposito Action:
2

Case 1:16-cv-06601-DLC-SN Document 287 Filed 07/30/20 Page 3 of 5

1.

All fact discovery must be completed by February 19, 2021.
On consent, the parties may extend fact discovery into the
period for expert discovery.

2.

Expert reports and disclosure of expert testimony
conforming to the requirements of Rule 26(a)(2)(B), Fed. R.
Civ. P., by the party bearing the burden on an issue must
be served by March 26, 2021. Identification of rebuttal
experts and disclosure of their expert testimony must occur
by April 23.

3.

All fact and expert discovery must be completed by May 14,
2021.

4.

Pursuant to Rules 30(b)(3) and (b)(4), Fed. R. Civ. P., all
depositions in this action may be taken via telephone,
videoconference, or other remote means, and may be recorded
by any reliable audio or audiovisual means. This Order
does not dispense with the requirements set forth in Fed.
R. Civ. P. 30(b)(5), including the requirement that, unless
the parties stipulate otherwise, the deposition be
“conducted before an officer appointed or designated under
Rule 28,” and that the deponent be placed under oath by
that officer. For avoidance of doubt, however, a
deposition will be deemed to have been conducted “before”
an officer so long as that officer attends the deposition
via the same remote means (e.g., telephone conference call
or video conference) used to connect all other remote
participants, and so long as all participants (including
the officer) can clearly hear and be heard by all other
participants.

5.

In the event that a deponent has been previously deposed in
this or any related action, the party scheduling such
deposition may not depose the witness for more than two
additional hours, unless the parties consent to an
extension.

6.

The following motion will be served by the dates indicated
below.
Any motion for Summary Judgment
3

Case 1:16-cv-06601-DLC-SN Document 287 Filed 07/30/20 Page 4 of 5

7.

Motion served by May 28, 2021
Opposition served by June 18
Reply served by July 1

In the event no motion is filed, the Joint Pretrial Order
must be filed by May 28, 2021.
As described in greater detail in this Court’s Individual
Practices in Civil Cases, the following documents must be
filed with the Pretrial Order: Voir Dire, Requests to
Charge and a Memorandum of Law addressing all questions of
law expected to arise at trial. Any responsive papers are
due one week thereafter. In the event a party does not
file a Memorandum of Law, a responsive Memorandum of Law
should not be submitted unless in reply to an unanticipated
legal argument in the other party’s Memorandum of Law.
IT IS FURTHER ORDERED that, should any party object to a

portion of this Order other than the stay of discovery in the
Esposito Action, they may file a letter on ECF no longer than
two pages by August 7, 2020.
IT IS FURTHER ORDERED that the conference scheduled for
July 31, 2020 is cancelled.
IT IS FURTHER ORDERED that the parties shall attempt to
resolve any discovery dispute in good faith through a meet and
confer process.

Should a dispute remain unresolved after that

process, it may be brought to the Court’s attention in a letter

4

Case 1:16-cv-06601-DLC-SN Document 287 Filed 07/30/20 Page 5 of 5

no longer than two pages.
SO ORDERED:
Dated:

New York, New York
July 30, 2020
__________________________________
DENISE COTE
United States District Judge

5