Jenkins v. Xpresspa Group, Inc.

Filing 146

ORDER: IT IS HEREBY ORDERED that oral argument on the parties' motions in limine is scheduled for April 9, 2021, at 2:30 p.m. Oral argument will be conducted via Zoom video conference. Chambers will email the parties with further information on how to access the video conference and will post a subsequent order providing a public dial-in. IT IS FURTHER ORDERED that the parties must be prepared to discuss why their arguments, including those invoking judicial estoppel, are appropriate for di sposition on a motion in limine. See, e.g., Audio Technica U.S., Inc. v. United States, 963 F.3d 569, 575 (6th Cir. 2020) ("[I]t was improper for the district court to consider judicial estoppel within the context of a motion in limine. Rather t han addressing the admissibility of certain pieces or types of evidence, [plaintiff's] motion asked the court to bar the jury from hearing one side'sargument, essentially granting them judgment as a matter of law on that point. Such no-nevidentiary legal issues must be decided in the context of a motion for summary judgment....). SO ORDERED., ( Oral Argument set for 4/9/2021 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/01/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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RODGER JENKINS and GREGORY JONES
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Plaintiffs,
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-against:
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XPRESSPA GROUP, INC.,
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Defendant. :
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VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 4/1/2021

19-CV-1774 (VEC)
ORDER

WHEREAS the parties are tentatively scheduled to appear before the Court for a bench
trial in May 2021;
WHEREAS as of March 17, 2021, the parties’ motions in limine are fully briefed; and
WHEREAS on March 22, 2021, the parties jointly notified the Court that its decision on
one of Defendant’s motions in limine may help facilitate a settlement in advance of trial, Dkt.
142
IT IS HEREBY ORDERED that oral argument on the parties’ motions in limine is
scheduled for April 9, 2021, at 2:30 p.m. Oral argument will be conducted via Zoom video
conference. Chambers will email the parties with further information on how to access the video
conference and will post a subsequent order providing a public dial-in.
IT IS FURTHER ORDERED that the parties must be prepared to discuss why their
arguments, including those invoking judicial estoppel, are appropriate for disposition on a
motion in limine. See, e.g., Audio Technica U.S., Inc. v. United States, 963 F.3d 569, 575 (6th
Cir. 2020) (“[I]t was improper for the district court to consider judicial estoppel within the
context of a motion in limine. Rather than addressing the admissibility of certain pieces or types

of evidence, [plaintiff’s] motion asked the court to bar the jury from hearing one side’s
argument, essentially granting them judgment as a matter of law on that point. Such nonevidentiary legal issues must be decided in the context of a motion for summary judgment . . .
.”).

SO ORDERED.
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CAPRONI
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VALERIE CAPRONI
United States District Judge

Date: April 1, 2021
New York, New York

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