You v. Pedro Teixeira, Inc. et al

Filing 64

ORDER: As set forth in this Court's order dated December 9, 2020 [Doc No. 74], the final pretrial conference in this matter will take place via teleconference on December 18, 2020, at 11:00 a.m. All participants must identify themselves every t ime they speak, spell any proper names for the court reporter, and take care not to interrupt or speak over one another. Finally, all of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroad casting of the proceeding is prohibited by law. Counsel should adhere to the following rules and guidelines during the teleconference: Each party should designate a single lawyer to speak on its behalf (including when noting the appearances of other counsel on the telephone). Counsel should use a landline whenever possible, should use a headset instead of a speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise. In addition, counsel should not use vo ice-activated systems that do not allow the user to know when someone else is trying to speak at the same time. To facilitate an orderly teleconference and the creation of an accurate transcript, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another. If there is a beep or chime indicating that a new caller has joined while counsel is speakin g, counsel should pause to allow the Court to ascertain the identity of the new participant and confirm that the court reporter has not been dropped from the call. The parties shall dial 888-273-3658 and use access code 7004275 to join the teleconference. (Telephone Conference set for 12/18/2020 at 11:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 12/10/2020) (nb)

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Case 1:17-cv-06028-SHS-KNF Document 64 Filed 12/10/20 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x JIN YUE YOU, as Administrator of the Estate of Kar Chor You, deceased Plaintiff, -vPEDRO TEIXEIRA, INC., and MAYKEL FELIZ-TEJEDA, : 17-Cv-6028 (SHS) : : ORDER : : Defendants. -----------------------------------------------------------x SIDNEY H. STEIN, U.S. District Judge. As set forth in this Court’s order dated December 9, 2020 [Doc No. 74], the final pretrial conference in this matter will take place via teleconference on December 18, 2020, at 11:00 a.m. All participants must identify themselves every time they speak, spell any proper names for the court reporter, and take care not to interrupt or speak over one another. Finally, all of those accessing the conference — whether in listen-only mode or otherwise — are reminded that recording or rebroadcasting of the proceeding is prohibited by law. Counsel should adhere to the following rules and guidelines during the teleconference: Each party should designate a single lawyer to speak on its behalf (including when noting the appearances of other counsel on the telephone). Counsel should use a landline whenever possible, should use a headset instead of a speakerphone, and must mute themselves whenever they are not speaking to eliminate background noise. In addition, counsel should not use voice-activated systems that do not allow the user to know when someone else is trying to speak at the same time. To facilitate an orderly teleconference and the creation of an accurate transcript, counsel are required to identify themselves every time they speak. Counsel should spell any proper names for the court reporter. Counsel should also take special care not to interrupt or speak over one another. If there is a beep or chime indicating that a new caller has joined while counsel is speaking, counsel should pause to allow the Court to ascertain the identity of the new participant and confirm that the court reporter has not been dropped from the call. 1 Case 1:17-cv-06028-SHS-KNF Document 64 Filed 12/10/20 Page 2 of 4 The parties shall dial 888-273-3658 and use access code 7004275 to join the teleconference. Dated: New York, New York December 10, 2020 2 Case 1:17-cv-06028-SHS-KNF Document 64 Filed 12/10/20 Page 3 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X UNITED STATES OF AMERICA WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING -v, -CR- Defendant. -----------------------------------------------------------------X ( )( ) Check Proceeding that Applies ____ Entry of Plea of Guilty I am aware that I have been charged with violations of federal law. I have consulted with my attorney about those charges. I have decided that I wish to enter a plea of guilty to certain charges. I understand I have a right to appear before a judge in a courtroom in the Southern District of New York to enter my plea of guilty and to have my attorney beside me as I do. I am also aware that the public health emergency created by the COVID-19 pandemic has interfered with travel and restricted access to the federal courthouse. I have discussed these issues with my attorney. By signing this document, I wish to advise the court that I willingly give up my right to appear in person before the judge to enter a plea of guilty. By signing this document, I also wish to advise the court that I willingly give up any right I might have to have my attorney next to me as I enter my plea so long as the following conditions are met. I want my attorney to be able to participate in the proceeding and to be able to speak on my behalf during the proceeding. I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date:___________ ____ _________________________ Print Name ____________________________ Signature of Defendant Sentence I understand that I have a right to appear before a judge in a courtroom in the Southern District of New York at the time of my sentence and to speak directly in that courtroom to the judge who will sentence me. I am also aware that the public health emergency created by the COVID-19 pandemic has interfered with travel and restricted access to the federal courthouse. I do not wish to wait until the end of this emergency to be sentenced. I have discussed these issues with my attorney and willingly give up my right to be present, at the time my sentence is imposed, in the courtroom with my attorney and the judge who will impose that sentence. By signing this document, I wish to advise the court that I willingly give up my right to appear in a courtroom in the Southern District of New York for my sentencing proceeding as well as my right to have my attorney next to me at the time of sentencing on the following conditions. I want my attorney to be able to participate in the proceeding and to be able to speak on my behalf at the proceeding. 3 Case 1:17-cv-06028-SHS-KNF Document 64 Filed 12/10/20 Page 4 of 4 I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date:__________ _________________________ Print Name ____________________________ Signature of Defendant I hereby affirm that I am aware of my obligation to discuss with my client the charges against my client, my client’s rights to attend and participate in the criminal proceedings encompassed by this waiver, and this waiver and consent form. I affirm that my client knowingly and voluntarily consents to the proceedings being held with my client and me both participating remotely. Date:__________ __________________________ Print Name _____________________________ Signature of Defense Counsel Addendum for a defendant who requires services of an interpreter: I used the services of an interpreter to discuss these issues with the defendant. The interpreter also translated this document, in its entirety, to the defendant before the defendant signed it. The interpreter’s name is: _______________________. Date:_____________ Accepted: ________________________________ Signature of Defense Counsel ________________________ Signature of Judge New York, New York Date:___________________ 4

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