Barone et al v. Campania Felix LLC et al

Filing 55

TRIAL SCHEDULING AND LOGISTICS ORDER: IT IS HEREBY ORDERED: On or before March 8, 2022, the parties shall submit a Pretrial Order as required by this Court's Individual Rules of Practice, Section 7.A. On or before March 15, 2022, the partie s shall submit in limine motions. Oppositions to in limine motions shall be filed on or before March 29, 2022. Replies shall be filed on or before April 5, 2022. The parties are reminded to consult the Court's Individual Practice rules regar ding trials and trial preparation. Failure to comply with the Court's Individual Practice Rules or with deadlines or other terms of this Order may result in sanctions, including preclusion or dismissal of claims or defenses. ( Motions due by 3/15/2022., Pretrial Order due by 3/8/2022., Responses due by 3/29/2022, Replies due by 4/5/2022.) (Signed by Judge Mary Kay Vyskocil on 1/11/2022) (ate)

Case 1:20-cv-06709-MKV Document 55 Filed 01/11/22 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT
DATE FILED: 1/11/2022
SOUTHERN DISTRICT OF NEW YORK
MARCO BARONE, individually and on behalf of others
similarly situated, and AGOSTINO CANGIANO,
individually and on behalf of others similarly situated,
Plaintiffs,
-v.CAMPANIA FELIX LLC d/b/a SAN MATTEO PIZZERIA
E CUCINA, SANMATTEO TAKEAWAY CORP. d/b/a
SAN MATTEO TAKEAWAY, SALERNITANI LTD. d/b/a
SAN MATTEO PIZZA ESPRESSO BAR, FABIO
CASELLA, and RAFAEL DOE,

20 CV 06709 (MKV)
TRIAL SCHEDULING
AND LOGISTICS ORDER

Defendants.
MARY KAY VYSKOCIL, United States District Judge
The Court held a telephonic pretrial conference on January 11, 2022. Counsel for all
parties were in attendance. The parties advised that all discovery is complete, no dispositive
motions are contemplated, and the case is trial ready for trial to a jury. In accordance with
matters discussed at the conference, IT IS HEREBY ORDERED:
•

As the Court has previously advised the parties, the Southern District of New York has
reconfigured courtrooms and other spaces in its courthouses to allow jury trials to proceed
as safely as possible during the COVID-19 pandemic. All scheduling of trials is done on
a quarterly basis under the centralized calendaring system pursuant to which the Clerk’s
Office schedules up to three jury trials to begin on each day of jury selection: a primary
case and up to two back-up cases that may proceed in its place if the primary case does not
go forward. The Court will seek to schedule a trial date for the second quarter of 2022, to
which both Parties agreed. The case must be trial-ready at that time and the parties are on
notice that they must be prepared to proceed on the assigned date. The Court will issue an
order advising the parties of the assigned trial date once the schedule for the second quarter
of 2022 is issued.

•

During the pretrial conference, both parties agreed to resume mediation with Debra
Wabnik. If the parties instead wish to mediate with Mr. Patrick (“Mike”) McKenna, whom
plaintiff proposed and whom both parties indicated is acceptable, they shall jointly contact
Mr. McKenna on or before January 19, 2022 to make the necessary arrangements. On or
before February 11, 2022, the parties shall file a joint letter advising the Court as to the
status (but not substance) of settlement discussions.

Case 1:20-cv-06709-MKV Document 55 Filed 01/11/22 Page 2 of 2

•

On or before March 8, 2022, the parties shall submit a Pretrial Order as required by this
Court’s Individual Rules of Practice, Section 7.A.

•

On or before March 15, 2022, the parties shall submit in limine motions. Oppositions to
in limine motions shall be filed on or before March 29, 2022. Replies shall be filed on or
before April 5, 2022.

•

On or before March 15, 2022, the parties shall submit joint proposed voir dire questions,
verdict form, and requests to charge as required by this Court’s Individual Rules of
Practice, Section 7.B.iii. The joint proposed voir dire questions should list the questions
on which the parties agree and, for any questions that are not jointly agreed, each party’s
proposed additional questions. Any contested, competing proposals in the Verdict forms
and requests to charge shall be listed adjacent to one another. For the Requests to
Charge, the parties shall include authority that supports the requested instruction.
The parties are reminded to consult the Court’s Individual Practice rules regarding

trials and trial preparation. Failure to comply with the Court’s Individual Practice Rules or
with deadlines or other terms of this Order may result in sanctions, including preclusion or
dismissal of claims or defenses.

SO ORDERED.
Dated:

January 11, 2022
New York, New York
MARY KAY VYSKOCIL
United States District Judge

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