Zivkovic v. Laura Christy LLC et al

Filing 271

ORDER granting #256 Motion in Limine; granting in part and denying in part #258 Motion in Limine. For the reasons stated on the record during the March 11, 2022 final pretrial conference, Plaintiffs first motion in limine, Dkt. No. 256, is granted. Defendants are precluded from calling the forty-three previously undisclosed witnesses identified by Plaintiff in the Joint Proposed Pretrial Order, Dkt. No. 253, at 9-16. For the reasons stated on the record during the March 11, 2022 final pretrial conference, Plaintiff's second motion in limine, Dkt. No. 258, is granted in part and denied in part. Defendants are precluded from introducing evidence of the precise amount of tips received by individual class members. However, the Court denies Plaintiffs' request to exclude all evidence of non-written tip notice. As explained during the conference, Defendants are directed to inform the Court no later than one business day prior to the introduction of evidence by Defendant regarding non-written tip notice. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 256 and 258. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/14/2022) (vfr)

Case 1:17-cv-00553-GHW Document 271 Filed 03/14/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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PAVLE ZIVKOVIC, on behalf of himself and others
:
similarly situated,
:
:
Plaintiff,
:
:
-against:
:
LAURA CHRISTY, LLC d/b/a Valbella, LAURA
:
CHRISTY MIDTOWN, LLC, DAVID
:
GHATANFARD, and GENCO LUCA,
:
:
Defendants. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 3/14/2022

1:17-cv-553-GHW
ORDER

GREGORY H. WOODS, United States District Judge:
For the reasons stated on the record during the March 11, 2022 final pretrial conference,
Plaintiffs’ first motion in limine, Dkt. No. 256, is granted. Defendants are precluded from calling the
forty-three previously undisclosed witnesses identified by Plaintiff in the Joint Proposed Pretrial
Order, Dkt. No. 253, at 9–16.
For the reasons stated on the record during the March 11, 2022 final pretrial conference,
Plaintiff’s second motion in limine, Dkt. No. 258, is granted in part and denied in part. Defendants
are precluded from introducing evidence of the precise amount of tips received by individual class
members. However, the Court denies Plaintiffs’ request to exclude all evidence of non-written tip
notice. As explained during the conference, Defendants are directed to inform the Court no later
than one business day prior to the introduction of evidence by Defendant regarding non-written tip
notice.
The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 256 and 258.
SO ORDERED.
Dated: March 14, 2022
New York, New York

_____________________________________
GREGORY H. WOODS
United States District Judge