Jiminez v. Credit One Bank, N.A.

Filing 165

ORDER: The Court has received and reviewed the parties' status report. (Docket entry no. 164.) Because the issues of random and sequential number generation were already addressed in prior discovery and argumentation (before this case was app ealed to the Second Circuit), Plaintiffs request to reopen discovery is denied. The parties are directed to renew their summary judgment motions on updated papers, including their analysis of the impact of Facebook v. Duguid, 141 S. Ct. 1163 (2021 ), based upon the existing factual record. Opening papers shall be filed by November 19, 2021; opposition papers shall be filed by December 3, 2021; and reply papers shall be filed by December 10, 2021. So Ordered. (Motions due by 11/19/2021., Responses due by 12/3/2021, Replies due by 12/10/2021.) (Signed by Judge Laura Taylor Swain on 11/2/2021) (js)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x ALEJANDRO JIMINEZ, Plaintiff, -v- No. 17 CV 2844-LTS CREDIT ONE BANK, N.A., et al., Defendants. -------------------------------------------------------x ORDER The Court has received and reviewed the parties’ status report. (Docket entry no. 164.) Because the issues of random and sequential number generation were already addressed in prior discovery and argumentation (before this case was appealed to the Second Circuit), Plaintiff’s request to reopen discovery is denied. The parties are directed to renew their summary judgment motions on updated papers, including their analysis of the impact of Facebook v. Duguid, 141 S. Ct. 1163 (2021), based upon the existing factual record. Opening papers shall be filed by November 19, 2021; opposition papers shall be filed by December 3, 2021; and reply papers shall be filed by December 10, 2021. SO ORDERED. Dated: New York, New York November 2, 2021 __/s/ Laura Taylor Swain_________ LAURA TAYLOR SWAIN Chief United States District Judge JIMINEZ - SJ SCHED ORDER VERSION NOVEMBER 2, 2021 1

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