Kerr v. Physician Affiliate Group of New York P.C. et al

Filing 202

ORDER: The Clerk's Office has now notified the Court that this case has been placed on the jury trial list for June 21, 2021. The case must be trial-ready for that date. The case is second on the list for jury trials for that day. This means that the case will not proceed on June 21, 2021, if the other trial scheduled for that date goes forward. The Court has considered Mr. Flannery's request that the trial date in this case be adjusted in light of a potential conflict with the t rial before Judge Briccetti (16-CV-5900), but it cannot accommodate the request. See Dkt. 201. In light of the fact that both trials are more than three months away, the Court is confident that a law firm as large as Wilson Elser can accommodate staffing for both trials. A final pretrial conference will be held in person on June 17, 2021 at 2:00 p.m. As previously directed, the joint pretrial order, requests to charge, and proposed voir dire questions are due by March 31, 2021. ( Pretrial Order due by 3/31/2021., Ready for Trial by 6/21/2021., Final Pretrial Conference set for 6/17/2021 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/5/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DR. ANDREW KERR,
:
:
Plaintiff, :
:
-against:
:
PHYSICIAN AFFILIATE GROUP OF NEW
:
YORK P.C., and DR. HUSSEIN MATARI,
:
:
Defendants:
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 3/5/2021

17-cv-1777 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
The Southern District of New York has reconfigured courtrooms and other spaces in its
courthouses to allow civil jury trials to proceed as safely as possible during the COVID-19
pandemic. Under the centralized calendaring system currently in place, the Clerk’s Office
schedules up to three jury trials to begin on each day of jury selection: a primary case and up to
two back-up cases that may proceed in its place if the primary case does not go forward.
On February 1, 2021, the Court informed the parties that it would hold an in-person trial starting
on June 28, 2021, subject to availability and the status of the COVID-19 pandemic. See Dkt.
198. The Court accordingly requested a jury trial for that date. The Clerk’s Office has now
notified the Court that this case has been placed on the jury trial list for June 21, 2021. The case
must be trial-ready for that date. The case is second on the list for jury trials for that day. This
means that the case will not proceed on June 21, 2021, if the other trial scheduled for that date
goes forward. If the case cannot proceed on the scheduled date, the Court will seek another jury
trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will
proceed on June 21, 2021, it will inform the parties.

The Court has considered Mr. Flannery’s request that the trial date in this case be
adjusted in light of a potential conflict with the trial before Judge Briccetti (16-CV-5900), but it
cannot accommodate the request. See Dkt. 201. In light of the fact that both trials are more than
three months away, the Court is confident that a law firm as large as Wilson Elser can
accommodate staffing for both trials.
A final pretrial conference will be held in person on June 17, 2021 at 2:00 p.m. As
previously directed, the joint pretrial order, requests to charge, and proposed voir dire questions
are due by March 31, 2021.

SO ORDERED.
________________________
VALERIE CAPRONI
United States District Judge

Date: March 5, 2021
New York, New York

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