Teddy Volkswagen of the Bronx, LLC v. Demersky

Filing 85

ORDER denying without prejudice to renewal 73 Motion in Limine. The Court orders the following: The parties are not required to submit witness declarations. All witnesses will provide direct testimony at trial. The Defendant's motion in l imine to exclude the maintenance contracts on authentication grounds (Dkt. No. 73) is denied without prejudice for renewal of the objections at trial. The Defendant must submit a letter by June 14, 2021 if he intends to make an objection on the gr ounds of timeliness. The parties are to resubmit their Proposed Findings of Fact and Conclusions of Law by June 14, 2021. The parties should take into account the Supreme Court's decision in Van Buren v. United States, 593 U.S. ____ (2021). Th is case has been referred to Magistrate Judge Netburn for general pretrial management, including settlement. The parties are encouraged to participate in a settlement conference with Judge Netburn prior to trial. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/7/2021) (va)

6/7/21

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Teddy Volkswagen of the Bronx,
Plaintiff,
19-cv-2337 (AJN)
–v–
ORDER
Phillip Demersky,
Defendant.

ALISON J. NATHAN, District Judge:
As stated on the record at today’s conference, the Court orders the following:
The parties are not required to submit witness declarations. All witnesses will provide
direct testimony at trial.
The Defendant’s motion in limine to exclude the maintenance contracts on authentication
grounds (Dkt. No. 73) is denied without prejudice for renewal of the objections at trial. The
Defendant must submit a letter by June 14, 2021 if he intends to make an objection on the
grounds of timeliness.
The parties are to resubmit their Proposed Findings of Fact and Conclusions of Law by
June 14, 2021. The parties should take into account the Supreme Court’s decision in Van Buren
v. United States, 593 U.S. ____ (2021).
This case has been referred to Magistrate Judge Netburn for general pretrial management,
including settlement. The parties are encouraged to participate in a settlement conference with
Judge Netburn prior to trial.

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SO ORDERED.
Dated: June 7, 2021
New York, New York

____________________________________
ALISON J. NATHAN
United States District Judge

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