Rosario v. City of New York et al

Filing 329

ORDER granting in part 323 Motion for Reconsideration re 323 MOTION for Reconsideration re; 322 Order, Set Deadlines/Hearings . filed by Richard Rosario. It is hereby ORDERED that, for the reasons stated at the conference, P laintiff's motion for reconsideration of the time limits previously set by the Court is GRANTED IN PART. Plaintiffs time limit is twenty-five (25) hours and Defendants time limit is twenty (20) hours, comprising direct examination and cross examination (any time that counsel are on their feet). This time limit does not include opening statements or summations, nor does it include time for Plaintiffs witnesses called exclusively for authentication or foundation of evidence that Defend ants do not actually dispute. Defendants will not be given additional time for any such witnesses. Further, Plaintiff may allocate any amount of time for alibi witnesses within his twenty-five hour limit, but shall present no more than five alibi witnesses. Opening statements shall be limited to forty-five (45) minutes. It is further ORDERED that by December 24, 2021, Plaintiff shall submit a letter stating how he would like to address his claims against Defendant Silverman. It is further ORDERED that by December 20, 2021, Defendant shall submit a letter regarding (1) the favorable termination element of Plaintiff's malicious prosecution claim and (2) case law related to damages in § 1983 denial of a right to a fair trial cases that bears on the use of "if any" in the damages section of the preliminary jury charge. By December 20, 2021, Plaintiff shall submit a letter regarding the same damages issue. It is further ORDERED that Defendant shall submit prop osed special interrogatories before the final charging conference. It is further ORDERED that the parties' deadline to email to the Chambers in box highlighted and annotated proposed deposition designations is extended to December 21, 2021. I t is further ORDERED that the final pretrial conference will continue on December 21, 2021, at 2:00 P.M. The parties shall call 888-363-4749 using access code 558-3333 at that time. In advance of the conference, the parties shall confer and attempt to resolve any remaining objections to the proposed trial exhibits. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 323. (Signed by Judge Lorna G. Schofield on 12/17/2021) (jca) Modified on 12/17/2021 (jca).

Case 1:18-cv-04023-LGS Document 329 Filed 12/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RICHARD ROSARIO,
:
Plaintiff,
:
:
-against:
:
THE CITY OF NEW YORK, et al.,
:
Defendants.
:
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18 Civ. 4023 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, a final pre-trial conference was held on December 16, 2021. It is hereby
ORDERED that, for the reasons stated at the conference, Plaintiff’s motion for
reconsideration of the time limits previously set by the Court is GRANTED IN PART. Plaintiff’s
time limit is twenty-five (25) hours and Defendants’ time limit is twenty (20) hours, comprising
direct examination and cross examination (any time that counsel are on their feet). This time
limit does not include opening statements or summations, nor does it include time for Plaintiff’s
witnesses called exclusively for authentication or foundation of evidence that Defendants do not
actually dispute. Defendants will not be given additional time for any such witnesses. Further,
Plaintiff may allocate any amount of time for alibi witnesses within his twenty-five hour limit,
but shall present no more than five alibi witnesses. Opening statements shall be limited to fortyfive (45) minutes. It is further
ORDERED that by December 24, 2021, Plaintiff shall submit a letter stating how he
would like to address his claims against Defendant Silverman. It is further
ORDERED that by December 20, 2021, Defendant shall submit a letter regarding (1) the
favorable termination element of Plaintiff’s malicious prosecution claim and (2) case law related
to damages in § 1983 denial of a right to a fair trial cases that bears on the use of “if any” in the
damages section of the preliminary jury charge. By December 20, 2021, Plaintiff shall submit a

Case 1:18-cv-04023-LGS Document 329 Filed 12/17/21 Page 2 of 2

letter regarding the same damages issue. It is further
ORDERED that Defendant shall submit proposed special interrogatories before the final
charging conference. It is further
ORDERED that the parties’ deadline to email to the Chambers in box highlighted and
annotated proposed deposition designations is extended to December 21, 2021. It is further
ORDERED that the final pretrial conference will continue on December 21, 2021, at
2:00 P.M. The parties shall call 888-363-4749 using access code 558-3333 at that time. In
advance of the conference, the parties shall confer and attempt to resolve any remaining
objections to the proposed trial exhibits.
The Clerk of Court is respectfully directed to close the motion at Dkt. No. 323.
Dated: December 17, 2021
New York, New York

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