Knopf v. Phillips, et al.

Filing 291

REVISED SCHEDULING ORDER: Accordingly, it is hereby ORDERED that the Court shall determine whether to consolidate these actions for trial after the receipt of the Pretrial Orders. The Phillips Action is stayed until that time. The Clerk of Co urt is directed to strike docket number 224 in the Esposito Action and docket number 287 in the Phillips Action consolidating these cases and unconsolidate the above-captioned cases. IT IS FURTHER ORDERED that, by January 15, 2021, any party in the Esposito Action that seeks to introduce expert testimony shall inform the Court of the identity of such expert or experts and the subject of such expert testimony, in accordance with the requirements of Rule 26(a)(2)(B), Fed. R. Civ. P. I T IS FURTHER ORDERED that in the event no party to the Esposito Action identifies an expert by that date, the following motion will be served by the dates indicated below. Any motion for Summary Judgment; Motion served by March 12, 2021, Oppos ition served by April 2, Reply served by April 16. IT IS FURTHER ORDERED that in the event that no party in the Esposito Action seeks to introduce expert testimony and no summary judgment motion is filed, the Joint Pretrial Order must be filed by March 12, 2021. IT IS FURTHER ORDERED that the remainder of the July 30 Order remains in effect. SO ORDERED. (Pretrial Order due by 3/12/2021.) (Signed by Judge Denise L. Cote on 8/11/2020) Filed In Associated Cases: 1:16-cv-06601-DLC-SN, 1:17-cv-05833-DLC (jca) Transmission to Office of the Clerk of Court for processing.

Case 1:16-cv-06601-DLC-SN Document 291 Filed 08/11/20 Page 1 of 3

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

16cv6601 (DLC)
17cv5833 (DLC)
REVISED SCHEDULING
ORDER

-------------------------------------- X
:
NORMA KNOPF and MICHAEL KNOPF,
:
:
Plaintiffs,
:
-v:
:
FRANK M. ESPOSITO, DORSEY & WHITNEY
:
LLP, NATHANIEL AKERMAN, and EDWARD
:
FELDMAN,
:
:
Defendants.
:
:
-------------------------------------- X
DENISE COTE, District Judge:
An Order of July 30, 2020 proposed a schedule for further
proceedings in the above-captioned actions.

The July 30 Order

directed the parties to submit objections to the schedule set
forth in the July 30 Order by August 7.

On August 6 and 7, the

Court received objections from plaintiffs in both actions, and
from defendant Michael Phillips in the Phillips Action.
Accordingly, it is hereby

Case 1:16-cv-06601-DLC-SN Document 291 Filed 08/11/20 Page 2 of 3

ORDERED that the Court shall determine whether to
consolidate these actions for trial after the receipt of the
Pretrial Orders.

The Phillips Action is stayed until that time.

The Clerk of Court is directed to strike docket number 224 in
the Esposito Action and docket number 287 in the Phillips Action
consolidating these cases and unconsolidate the above-captioned
cases.
IT IS FURTHER ORDERED that, by January 15, 2021, any party
in the Esposito Action that seeks to introduce expert testimony
shall inform the Court of the identity of such expert or experts
and the subject of such expert testimony, in accordance with the
requirements of Rule 26(a)(2)(B), Fed. R. Civ. P.
IT IS FURTHER ORDERED that in the event no party to the
Esposito Action identifies an expert by that date, the following
motion will be served by the dates indicated below.
Any motion for Summary Judgment
-

Motion served by March 12, 2021
Opposition served by April 2
Reply served by April 16

IT IS FURTHER ORDERED that in the event that no party in
the Esposito Action seeks to introduce expert testimony and no
summary judgment motion is filed, the Joint Pretrial Order must
be filed by March 12, 2021.
2

Case 1:16-cv-06601-DLC-SN Document 291 Filed 08/11/20 Page 3 of 3

IT IS FURTHER ORDERED that the remainder of the July 30
Order remains in effect.
SO ORDERED:
Dated:

New York, New York
August 11, 2020
__________________________________
DENISE COTE
United States District Judge

3