Ivanov v. Builderdome, Inc. et al

Filing 45

ORDER: The Court will take several measures to ensure safety. The joint pretrial order will be due on April 14, 2021. In addition to the items specified in my Individual Practices, each side shall submit with the joint pretrial order affidavi ts or declarations containing the direct testimony of each witness that party intends to offer in its case-in-chief, along with copies of any exhibits that the party intends to offer through that witness or otherwise. (To expedite proceedings and further ensure safety, the Court exercises its discretion to receive the direct testimony only by declaration, with cross-examination to proceed in open court.) The party not bearing the burden of proof on an issue may supplement its declaration s by filing a revised or supplemental declaration on ECF no later than April 16, 2021, limited to responses to the unexpected testimony by declaration of a party bearing the burden of proof. The pretrial conference will be held as scheduled on Ap ril 23, 2021 but shall be telephonic. Parties are directed to dial [phone] and use access code 2123101. At the pretrial conference, the Court will discuss scheduling witness testimony so that no witness shall have to wait unnecessarily in the courtroom before being called to testify. SO ORDERED. (Pretrial Order due by 4/14/2021.) (Signed by Judge Lewis J. Liman on 2/16/2021) (va)

Case 1:19-cv-03422-LJL Document 45 Filed 02/16/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
YANA IVANOV,
:
:
Plaintiff,
:
:
-v:
:
BUILDERDOME, INC. & ALEX ROZENGAUS,
:
:
Defendants.
:
:
---------------------------------------------------------------------- X

2/16/2021

19-cv-3422 (LJL)
ORDER

LEWIS J. LIMAN, United States District Judge:
Both sides in this case consent to trial before the Court and waive any jury trial right.
Defendant asks that the trial be held in open court, and not remotely, claiming that witness
credibility will be an issue. Plaintiff asks that the Court hold the trial remotely out of the health
and safety considerations raised by the COVID-19 pandemic. The Court will hold the trial in
open court and not remotely on May 3 and 4, 2021. The trial date was set so that trial would be
held after the Southern District Courthouse is open for proceedings in open court. The date
provides the parties with enough time to take the appropriate health and safety measures. No
party has identified any good cause or compelling safeguards which would cause the Court to
depart from the preference reflected in the Federal Rules for trials “in open court.” Fed. R. Civ.
P. 43; see Eastern Profit Corp. Ltd v. Strategic Vision US LLC, No. 18-cv-2185 (LJL), Dkt. No.
318.
The Court will take several measures to ensure safety. The joint pretrial order will be due
on April 14, 2021. In addition to the items specified in my Individual Practices, each side shall
submit with the joint pretrial order affidavits or declarations containing the direct testimony of
each witness that party intends to offer in its case-in-chief, along with copies of any exhibits that
the party intends to offer through that witness or otherwise. (To expedite proceedings and
further ensure safety, the Court exercises its discretion to receive the direct testimony only by
declaration, with cross-examination to proceed in open court.) The party not bearing the burden
of proof on an issue may supplement its declarations by filing a revised or supplemental
declaration on ECF no later than April 16, 2021, limited to responses to the unexpected
testimony by declaration of a party bearing the burden of proof. The pretrial conference will be
held as scheduled on April 23, 2021 but shall be telephonic. Parties are directed to dial (888)
251-2909 and use access code 2123101. At the pretrial conference, the Court will discuss
scheduling witness testimony so that no witness shall have to wait unnecessarily in the
courtroom before being called to testify.

Case 1:19-cv-03422-LJL Document 45 Filed 02/16/21 Page 2 of 2

SO ORDERED.

Dated: February 16, 2021
New York, New York

__________________________________
LEWIS J. LIMAN
United States District Judge

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