Abbott Laboratories v. Feinberg

Filing 154

ORDER: It is hereby ORDERED that because of a scheduling conflict with an earlier jury trial, the bench trial scheduled to begin on October 26, 2020, is adjourned sine die. An order setting a new trial date will issue separately. It is further OR DERED that the parties are allotted 3 hours per side for the questioning of live witnesses, 20 minutes per side for opening statements, and the time for summations will be determined later. The Court will not accept post-trial submissions. ORDERED that no later than seven days prior to trial, the parties shall jointly submit deposition designations for each witness in a single continuous transcript, with the testimony offered by Plaintiff highlighted in one color, and the testimony relied on by Defendants highlighted in a contrasting color. Any objections to designated testimony shall be indicated in the margin with a reference to the applicable Federal Rule of Evidence. It is further ORDERED that the parties shall create demonstrat ive aids for the items they intend to offer as admissions as identified in the Joint Final Pre-Trial Order. It is further ORDERED that the parties shall meet and confer to (1) reduce the number of trial exhibits and (2) resolve objections to suc h exhibits. No later than seven days prior to trial, the parties shall submit revised exhibit lists and a joint letter setting forth the exhibits for which the parties dispute admissibility, grouped by category with brief explanations of the par ties' objections. The revised exhibit lists shall indicate which exhibits are demonstrative aids. It is further ORDERED that by October 16, 2020, Plaintiff shall file a letter per Individual Rule III.A.1 setting forth its proposed rationale a nd measures to maintain the confidentiality during trial of the name of the artist and artwork at issue. By October 20, 2020, Defendants shall file a responsive letter per Individual Rule III.A.1. (Signed by Judge Lorna G. Schofield on 10/14/2020) (ks)

Case 1:18-cv-08468-LGS Document 154 Filed 10/14/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------ X
:
ABBOTT LABORATORIES,
:
Plaintiff,
:
:
-against:
:
NANCY FEINBERG et al.,
:
:
Defendants. :
------------------------------------------------------------ X

18 Civ. 8468 (LGS)
19 Civ. 600 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS the final pre-trial conference in this case was held on October 14, 2020. It is
hereby
ORDERED that because of a scheduling conflict with an earlier jury trial, the bench trial
scheduled to begin on October 26, 2020, is adjourned sine die. An order setting a new trial date
will issue separately. It is further
ORDERED that the parties are allotted 3 hours per side for the questioning of live
witnesses, 20 minutes per side for opening statements, and the time for summations will be
determined later. The Court will not accept post-trial submissions.
ORDERED that no later than seven days prior to trial, the parties shall jointly submit
deposition designations for each witness in a single continuous transcript, with the testimony
offered by Plaintiff highlighted in one color, and the testimony relied on by Defendants
highlighted in a contrasting color. Any objections to designated testimony shall be indicated in
the margin with a reference to the applicable Federal Rule of Evidence. It is further
ORDERED that the parties shall create demonstrative aids for the items they intend to
offer as admissions as identified in the Joint Final Pre-Trial Order. It is further

Case 1:18-cv-08468-LGS Document 154 Filed 10/14/20 Page 2 of 2

ORDERED that the parties shall meet and confer to (1) reduce the number of trial
exhibits and (2) resolve objections to such exhibits. No later than seven days prior to trial, the
parties shall submit revised exhibit lists and a joint letter setting forth the exhibits for which the
parties dispute admissibility, grouped by category with brief explanations of the parties’
objections. The revised exhibit lists shall indicate which exhibits are demonstrative aids. It is
further
ORDERED that by October 16, 2020, Plaintiff shall file a letter per Individual Rule
III.A.1 setting forth its proposed rationale and measures to maintain the confidentiality during
trial of the name of the artist and artwork at issue. By October 20, 2020, Defendants shall file a
responsive letter per Individual Rule III.A.1.

Dated: October 14, 2020
New York, New York

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