Bayoh v. Afropunk Fest 2015 LLC et al

Filing 166

ORDER The plaintiff having indicated in the November 10, 2020 submission that it seeks a permanent injunction and the defendants having indicated in that same submission that they wish to move to vacate the preliminary injunction issued on July 11, 2018, it is hereby ORDERED that a bifurcated trial will be held on the plaintiffs request for a permanent injunction. If the plaintiff is able during the first phase of the trial to show irreparable harm, a trial will be held on the remaining element s of its request for an injunction. The following schedule shall govern the further conduct of pretrial proceedings in this case: 1. On November 20, 2020 by noon, the plaintiff shall serve, and by December 2 by noon, the defendants shall serve: (a) P roposed Findings of Fact and Conclusions of Law; (b) those portions of depositions that are being offered as substantive evidence, along with a one-page synopsis (with transcript citations) of such testimony for each deposition; and (c) affidavits co nstituting the direct testimony of its witnesses, except for testimony of an adverse party, a person whose attendance must be compelled by subpoena, or a witness for whom a party has requested and the Court has agreed to hear the direct testimony at hearing. Each filing shall relate to the existence of irreparable harm only. 2. At the same time (by November 20 for plaintiff; by December 2 for defendants), the parties shall file their Proposed Findings of Fact and Conclusions of Law and any Memor andum of Law. Each filing shall relate to the existence of irreparable harm only. 3. Three days after submission of the witness affidavits, counsel for each party shall submit a list of all affiants that he or she intends to cross-examine at the hear ing. Affiants for whom such notice is not given are not required to be present at the hearing. 4. By December 8, the plaintiff shall file any Reply Memorandum of Law. The plaintiff may not file a Reply Memorandum of Law unless it filed an initial Mem orandum of Law on November 20. Any reply may only address issues it was unable to anticipate as of November 20. 5. At the time the above-described documents are filed or served, counsel shall also send a complete set of the documents to the Courts Ch ambers email: [e-mail]. The case name, case number, and email contents should be clearly set forth in the emails subject line. IT IS FURTHER ORDERED that on December 2, the defendants shall file any motion to vacate the preliminary injunction. The plaintiff shall file any opposition to the motion to vacate on December 8; any reply shall be served by December 11 at noon. IT IS FURTHER ORDERED that a trial on the plaintiffs request for a permanent injunction, confine d solely to the existence of irreparable harm, will be held on Thursday, December 17 at 9:30 a.m. IT IS FURTHER ORDERED that the parties shall confer regarding whether that trial may be conducted solely through the Courts consideration of the trial e vidence submitted on November 20 and December 2, or whether either party requests an opportunity to cross-examine witnesses. In the event a party seeks to cross-examine witnesses, the parties shall confer regarding whether the trial may be conducted remotely and the witnesses appear for cross-examination via video. The parties shall notify the Court by December 4 of their positions on these issues. (Signed by Judge Denise L. Cote on 11/11/20) (lc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
MAMBU BAYOH,
:
:
Plaintiff,
:
:
-v:
:
AFROPUNK LLC, MATTHEW MORGAN and
:
JOCELYN COOPER, individually,
:
:
Defendants.
:
:
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18cv5820 (DLC)
ORDER

DENISE COTE, District Judge:
The plaintiff having indicated in the November 10, 2020
submission that it seeks a permanent injunction and the
defendants having indicated in that same submission that they
wish to move to vacate the preliminary injunction issued on July
11, 2018, it is hereby
ORDERED that a bifurcated trial will be held on the
plaintiff’s request for a permanent injunction. If the
plaintiff is able during the first phase of the trial to show
irreparable harm, a trial will be held on the remaining elements
of its request for an injunction. The following schedule shall
govern the further conduct of pretrial proceedings in this case:
1.

On November 20, 2020 by noon, the plaintiff shall serve,
and by December 2 by noon, the defendants shall serve: (a)
Proposed Findings of Fact and Conclusions of Law; (b) those
portions of depositions that are being offered as
substantive evidence, along with a one-page synopsis (with
transcript citations) of such testimony for each
deposition; and (c) affidavits constituting the direct
testimony of its witnesses, except for testimony of an
adverse party, a person whose attendance must be compelled
by subpoena, or a witness for whom a party has requested
and the Court has agreed to hear the direct testimony at
hearing. Each filing shall relate to the existence of
irreparable harm only.

2.

At the same time (by November 20 for plaintiff; by December
2 for defendants), the parties shall file their Proposed
Findings of Fact and Conclusions of Law and any Memorandum
of Law. Each filing shall relate to the existence of
irreparable harm only.

3.

Three days after submission of the witness
counsel for each party shall submit a list
that he or she intends to cross-examine at
Affiants for whom such notice is not given
to be present at the hearing.

4.

By December 8, the plaintiff shall file any Reply
Memorandum of Law. The plaintiff may not file a Reply
Memorandum of Law unless it filed an initial Memorandum of
Law on November 20. Any reply may only address issues it
was unable to anticipate as of November 20.

5.

At the time the above-described documents are filed or
served, counsel shall also send a complete set of the
documents to the Court’s Chambers email:
[e-mail]. The case name, case
number, and email contents should be clearly set forth in
the email’s subject line.

affidavits,
of all affiants
the hearing.
are not required

IT IS FURTHER ORDERED that on December 2, the defendants
shall file any motion to vacate the preliminary injunction. The
plaintiff shall file any opposition to the motion to vacate on
December 8; any reply shall be served by December 11 at noon.
IT IS FURTHER ORDERED that a trial on the plaintiff’s
request for a permanent injunction, confined solely to the
existence of irreparable harm, will be held on Thursday,
December 17 at 9:30 a.m.
IT IS FURTHER ORDERED that the parties shall confer
regarding whether that trial may be conducted solely through the
Court’s consideration of the trial evidence submitted on
November 20 and December 2, or whether either party requests an
opportunity to cross-examine witnesses. In the event a party
seeks to cross-examine witnesses, the parties shall confer
regarding whether the trial may be conducted remotely and the

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witnesses appear for cross-examination via video. The parties
shall notify the Court by December 4 of their positions on these
issues.
Dated:

New York, New York
November 11, 2020
__________________________________
DENISE COTE
United States District Judge

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