Ohanian et al v. Apple Inc. et al

Filing 58

ORDER: For the reasons stated at the conference, it is hereby ORDERED that a bench trial will be held to resolve the issue of whether Plaintiff Ohanian agreed to arbitrate with Defendant T-Mobile. It is further ORDERED that Plaintiff Ohanian shall be deposed remotely by video from any place he chooses to be located that will permit the deposition. (As further set forth in this Order.) It is further ORDERED that Plaintiff Lopez and Defendant Apple, Inc. shall meet and confer on a schedule for fact discovery excluding depositions on the merits of Plaintiff Lopez's claims and shall file a proposed Case Management Plan by April 2, 2021. (Signed by Judge Lorna G. Schofield on 3/25/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
TIGRAN OHANIAN, et al.
:
Plaintiffs
:
:
-against:
:
APPLE, INC., et al.
:
Defendants.
:
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20 Civ. 5162 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, a status conference was held today to discuss, among other issues, Plaintiff
Ohanian’s and Defendant T-Mobile USA Inc.’s (“T-Mobile”) proposal on how to proceed with
resolving the factual issue of whether Plaintiff Ohanian agreed to arbitrate with Defendant TMobile (Dkt. No. 53). For the reasons stated at the conference, it is hereby
ORDERED that a bench trial will be held to resolve the issue of whether Plaintiff
Ohanian agreed to arbitrate with Defendant T-Mobile. It is further
ORDERED that Plaintiff Ohanian shall be deposed remotely by video from any place he
chooses to be located that will permit the deposition. Plaintiff Ohanian shall file a letter by April
2, 2021, apprising the Court of the earliest date he can be available for a video deposition and, if
possible, providing a date agreed on by the Plaintiff and T-Mobile for such deposition. A
scheduling order setting deadlines for limited discovery on whether Ohanian agreed to arbitrate
will enter after the letter is filed. It is further
ORDERED that Plaintiff Lopez and Defendant Apple, Inc. shall meet and confer on a
schedule for fact discovery excluding depositions on the merits of Plaintiff Lopez’s claims and
shall file a proposed Case Management Plan by April 2, 2021.
Dated: March 25, 2021
New York, New York