Capak v. Epps et al

Filing 181

ORDER: A bench trial in this case is scheduled for September 12, 2023 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. A pre-trial conference is scheduled for August 24, 2023 at 4:00 p.m. in Courtro om 17-D. The Court will address the parties' motions in limine (if any) at that time. Any motions in limine, if any, shall be filed by July 21, 2023. Opposition briefs shall be filed by August 4, 2023. Reply briefs due August 18, 2023. The pa rties shall file a joint pretrial order by August 18, 2023. In accordance with Judge Parker's Individual Practices, the proposed pretrial order shall include, as further set forth herein. By August 24, 2023, the parties shall deliver copies o f their respective exhibits to the Court in a binder for the Court's use at trial. Copies of these exhibits also shall be emailed to Judge Parker at [e-mail]., as further set forth herein. By September 18, Plaintiff shall file a post-trial brief setting forth his respective position on what the evidence at trial showed and all legal arguments on the issues tried based on the evidence at trial and a proposed form of judgment. By September 22, Defend ants shall respond to Plaintiff's brief and proposed form of judgment. No reply. Post-verdict motions must be made within the time permitted by the applicable rules. (As further set forth in this Order.) SO ORDERED. ( Brief due by 9/ 18/2023., Motions due by 7/21/2023., Pretrial Order due by 8/18/2023., Responses due by 8/4/2023, Replies due by 8/18/2023., Responses to Brief due by 9/22/2023, Bench Trial set for 9/12/2023 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker., Pretrial Conference set for 8/24/2023 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/26/2023) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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RICHARD J. CAPAK,

Plaintiff,

18-cv-4325 (KHP)
ORDER

-againstRORY DORALL SMITH,
Defendant.
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KATHARINE H. PARKER, United States Magistrate Judge:

5/26/2023

A bench trial in this case is scheduled for September 12, 2023 at 10:00 a.m. in
Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York.
A pre-trial conference is scheduled for August 24, 2023 at 4:00 p.m. in Courtroom 17-D.
The Court will address the parties’ motions in limine (if any) at that time.
Any motions in limine, if any, shall be filed by July 21, 2023. Opposition briefs shall be
filed by August 4, 2023. Reply briefs due August 18, 2023.
The parties shall file a joint pretrial order by August 18, 2023. In accordance with Judge
Parker’s Individual Practices, the proposed pretrial order shall include:
1. The full caption of the action;
2. the name, address, telephone number and email of the attorneys who will be
participating in the trial for Plaintiff and Defendant;
3. a brief statement identifying the basis for subject matter jurisdiction, and, if that
jurisdiction is disputed, the reasons therefor;

4. a list of each claim and defense that will be tried and a list of any claims and
defenses asserted in the pleadings that are not to be tried;
5. a statement setting forth the specific damages and other relief that Plaintiff
seeks;
6. a list by each party of its trial witnesses that it, in good faith, expects to present,
and the general subject area of the witness’s testimony and the order and
anticipated length of the witness’s direct testimony;
7. a list by each party of exhibits that it, in good faith, presently expects to offer in
its case in chief, together with any specific objections by the opposing party
thereto (Plaintiff’s exhibits should be listed by number and Defendants’ exhibits
should be listed by letter.);
8. all stipulations or statements of fact or law on which the parties have agreed;
9. a proposed schedule by which the parties will exchange demonstratives that the
parties intend to use at trial, notify each other of any objections thereto, consult
with each other regarding those objections and notify the Court of any remaining
disputes such that they can be addressed at the August 24, 2023 conference;
10. the necessity of translator(s) and whether the parties have arranged for the
same (if applicable);
11. any courtroom technology needed; and
12. all other matters the parties believe are important to the efficient conduct of the
trial.
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By August 24, 2023, the parties shall deliver copies of their respective exhibits to the
Court in a binder for the Court’s use at trial. Copies of these exhibits also shall be emailed to
Judge Parker at [e-mail].
Conduct of Trial.
1. On the first day of trial, counsel must arrive at 9:45 a.m. to Courtroom 17D. The
parties are expected to have witnesses available to fill the trial day and should
accommodate each other’s witness schedules in the event a witness needs to be
taken out of turn. Counsel are expected to be diligent in inquiring as to the
availability of all witnesses.
2. Opening statements must be devoid of argument or discussions of the law. Their
main purpose is to outline the proof to be presented. Each party’s opening
statement is limited to 10 minutes. The requirement of contemporaneous objection
applies to opening statements. The parties may elect to waive opening statements.
3. Speaking objections during trial are prohibited. Counsel shall say the word
“objection” followed by a word or brief phrase to indicate the nature of the
objection (for example, “objection, hearsay”).
4. Depositions offered in lieu of live testimony will not be read aloud.
5. If a witness needs an interpreter, the party calling such witness must arrange for the
presence of a certified simultaneous interpreter. Similarly, a party needing an
interpreter must arrange for the presence of such an interpreter.
6. Defendants’ counsel will give closing arguments first, followed by Plaintiff’s counsel.
No rebuttal is allowed unless Plaintiff’s counsel makes an argument that Defendants’
counsel could not reasonably have anticipated. The requirement of
contemporaneous objection applies to closing statements.
7. Counsel should make sure that they have custody of all their original exhibits during
the trial and maintain custody of the exhibits after conclusion of the trial. See Local
Civil Rule 39.1(a).
8. By September 18, Plaintiff shall file a post-trial brief setting forth his respective
position on what the evidence at trial showed and all legal arguments on the
issues tried based on the evidence at trial and a proposed form of judgment. By
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September 22, Defendants shall respond to Plaintiff’s brief and proposed form of
judgment. No reply.
9. Post-verdict motions must be made within the time permitted by the applicable
rules.
SO ORDERED.
DATED:

New York, New York
May 26, 2023
______________________________
KATHARINE H. PARKER
United States Magistrate Judge

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