Minus v. New York City Police Department et al

Filing 160

ORDER, The trial which will begin on Thursday, February 10, 2022, at 9:30 a.m., in Courtroom 26B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, NY will be conducted as a bench trial. Plaintiff is reminded that if he fails to appear for trial at that time, his remaining claim will be dismissed for failure to prosecute and/or as abandoned. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. Further, defense counsel is ORDERED to imme diately email it to Plaintiff and file proof of such service on ECF. SO ORDERED. ( Bench Trial set for 2/10/2022 at 09:30 AM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/8/22) (yv) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-04623-JMF Document 160 Filed 02/08/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
OMAR MINUS,
:
:
Plaintiff,
:
:
-v:
:
OFFICER BRIAN BENVENUTO and
:
OFFICER JOSEPH TENNARIELLO,
:
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Defendants.
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:
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17-CV-4623 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
During the final pretrial conference held earlier today, both sides waived their right to a jury
trial and consented to a non-jury trial. Accordingly, the trial — which will begin on Thursday,
February 10, 2022, at 9:30 a.m., in Courtroom 26B of the Daniel Patrick Moynihan United States
Courthouse, 500 Pearl St., New York, NY — will be conducted as a bench trial. Plaintiff is
reminded that if he fails to appear for trial at that time, his remaining claim will be dismissed for
failure to prosecute and/or as abandoned.
As discussed on the record at the final pretrial conference, under the Court’s current COVID-19
protocols, no one may unmask in the courtroom — even in the HEPA-filter-outfitted witness and
attorney boxes — unless they have tested negative for COVID-19 using an approved molecular
diagnostic test. (Antigen tests are not approved.) If a person will be removing his or her mask on
successive days, the person may test on an every-other-day schedule; otherwise, the speaker must test
negative on the day of his or her appearance. If a speaker has had a confirmed case of COVID-19
(verified by either a doctor’s note or a viral test result) within the prior ninety days, he or she will be
exempted from these testing requirements. Confirmation of negative test results (or of a prior case of
COVID-19) must be provided to the Court through its staff.

Case 1:17-cv-04623-JMF Document 160 Filed 02/08/22 Page 2 of 3

The following is a list of the tests that are approved:
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PCR / RT-PCR / ddPCR / Rapid PCR (Polymerase Chain Reaction)
NAA / NAAT (Nucleic Acid Amplification)
AMP PRB (Amplified Probe)
LAMP (Loop-mediated Isothermal Amplification)
Accepted molecular diagnostic test brands, including but not limited to:
o Abbott ID NOW
o Quidel Lyra PCR
o Abbott Realtime PCR
o Cobas Qualitative PCR
o FTD PCR
o Xpert Xpress
o Simplexa Direct PCR
o RUCDR Infinite Biologics
o Lucira Health
The following are tests that are NOT approved:

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•
•
•
•
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All tests that do not have FDA authorization or approval
All Antigen (Ag) tests (including but not limited to Quidel Sophia, Abbott BinaxNOW and
Rapid Antigen Tests)
All Antibody tests (such as IgG, IgA, IgM and Rapid Antibody Tests)
All blood tests (such as fingerstick, venipuncture)
All plasma tests
All serum tests
All lateral flow tests
Any doctor’s note

To conduct a test through the Court, the person being tested should report at least one hour before the
time he or she needs to appear for trial to Courtroom 6A in the Daniel Patrick Moynihan
Courthouse, 500 Pearl Street, New York, NY. Anyone needing assistance or further information can
contact Joseph Pecorino in the District Executive’s Office at 212-805-0500.
As noted on the record, the parties should assume that there will be no opportunity to submit
any written materials following trial. Accordingly, if there is any additional authority or arguments
that a party wishes to bring to the Court’s attention in writing, the party should file it before trial
begins. (As noted, the parties will be given a brief opportunity to argue to the Court at the conclusion
of the witnesses’ testimony.) In Plaintiff’s case, he is encouraged to submit any filings as a PDF
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Case 1:17-cv-04623-JMF Document 160 Filed 02/08/22 Page 3 of 3

attachment to an email to [e-mail] to ensure that the Court
receives them in a timely fashion. Plaintiff is also encouraged to consent to receive all court
documents electronically. A Consent to Electronic Service Form is available on the Court’s website at
https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf.
The Clerk of Court is directed to mail a copy of this Order to Plaintiff. Further, defense
counsel is ORDERED to immediately email it to Plaintiff and file proof of such service on ECF.
SO ORDERED.
Dated: February 8, 2022
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

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