Bayoh v. Afropunk Fest 2015 LLC et al

Filing 110

ORDER: It is hereby ORDERED that the parties shall consult and advise the Court by August 12, 2020 whether, should this case proceed to trial, all parties consent to a bench trial before this Court. IT IS FURTHER ORDERED that the parties shall consult and advise the Court by August 12, 2020 whether all parties consent to have this case proceed to trial before a magistrate judge rather than before this Court. IT IS FURTHER ORDERED that, should the parties consent to a bench trial bef ore this Court, they will consult and advise the Court by August 12, 2020, of three Mondays during the period November 2020 to December 2020 when they are prepared to begin that trial. The Court will attempt to accommodate the parties' choice o f dates and give them notice by September 8, 2020 of the date of the trial. The Court will also schedule a conference with the parties to discuss how much of the bench trial may proceed remotely. SO ORDERED. (Signed by Judge Denise L. Cote on 8/5/2020) (jca)

Case 1:18-cv-05820-DLC-KNF Document 110 Filed 08/05/20 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------- X
:
MAMBU BAYOH,
:
:
Plaintiff,
:
-v:
:
AFROPUNK LLC, MATTHEW MORGAN, and
:
JOCELYN COOPER, individually
:
:
Defendants.
:
:
--------------------------------------- X

18cv5820 (DLC)
ORDER

DENISE COTE, District Judge:
Because of the COVID-19 pandemic, there have been no jury
trials in this district since March 2020.

The Southern District

of New York may resume jury trials as early as September 2020.
Any jury trial will be conducted in full compliance with the
safety procedures implemented in this district.

In order to

comply with those safety procedures, jury trials will require
complex planning and coordination.

It is hereby

ORDERED that the parties shall consult and advise the Court
by August 12, 2020 whether, should this case proceed to trial,
all parties consent to a bench trial before this Court.

Should

there be a division of views among the parties, no one shall on
any account advise the Court which party or parties has elected
to proceed to trial before a jury.
Should the parties decide to proceed to trial before a
jury, this Court will advise the Clerk of Court that this case

Case 1:18-cv-05820-DLC-KNF Document 110 Filed 08/05/20 Page 2 of 4

is ready for trial during the period November 2020 to December
2020.

The Court will attempt to give the parties as much notice

as possible of the date the jury trial will begin.

The parties

must be prepared to proceed to trial before a jury as soon as a
jury can be impaneled in their case.
IT IS FURTHER ORDERED that the parties shall consult and
advise the Court by August 12, 2020 whether all parties consent
to have this case proceed to trial before a magistrate judge
rather than before this Court.

Should the parties elect to

proceed before a magistrate judge, they should complete the
attached Notice, Consent, and Reference of a Civil Action to a
Magistrate Judge and submit it to the Clerk of Court.

Should

there be a division of views among the parties, no one shall on
any account advise the Court which party or parties were willing
to proceed to trial before a magistrate judge.

If all parties

consent to trial before the Magistrate Judge, that trial may be
conducted at the parties’ election either as a jury trial or a
bench trial.
IT IS FURTHER ORDERED that, should the parties elect to
proceed to trial before a jury (whether before this Court or a
magistrate judge) they must advise the Court by August 12, 2020
of the following:
1) The number of days they need, collectively, for the
presentation of evidence; and

2

Case 1:18-cv-05820-DLC-KNF Document 110 Filed 08/05/20 Page 3 of 4

2) The number of individuals who will be seated at the
counsel table, and the names of each of them.
IT IS FURTHER ORDERED that, should the parties consent to a
bench trial before this Court, they will consult and advise the
Court by August 12, 2020, of three Mondays during the period
November 2020 to December 2020 when they are prepared to begin
that trial.

The Court will attempt to accommodate the parties’

choice of dates and give them notice by September 8, 2020 of the
date of the trial.

The Court will also schedule a conference

with the parties to discuss how much of the bench trial may
proceed remotely.
SO ORDERED:
Dated:

New York, New York
August 5, 2020
____________________________
DENISE COTE
United States District Judge

3

Case 1:18-cv-05820-DLC-KNF Document 110 Filed 08/05/20 Page 4 of 4
AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
Southern District of New York
__________ District of __________
Plaintiff

v.
Defendant

)
)
)
)
)

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may
exercise this authority only if all parties voluntarily consent.

You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties’ printed names

Signatures of parties or attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

Printed name and title

Note:

Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.

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