Applied Bolting Technology Products, LLC v. TurnaSure LLC

Filing 32

ORDER granting #30 Letter Motion for Discovery. The parties' proposed preliminary injunction schedule, attached, is ADOPTED. Additionally, the following dates and deadlines shall also govern the conduct of pre-hearing proceedings in this case: The parties are directed to send a joint letter to the Court no later than the close of business on May 1, 2023, informing the Court of the status of settlement negotiations and whether the parties request a referral to Magistrate Judge Figueredo or the Court-annexed mediation program for settlement purposes. On May 16, 2023, by noon, the parties shall file a Joint Pre-Hearing Order, including any and all information relevant to the hearing referenced in the Court's Individual Rules and Practices in Civil Cases (available at http://nysd.uscourts.gov/judge/Furman) with respect to Joint Pre-Hearing Orders. On May 24, 2023, by noon, the parties shall each file Proposed Findings of Fact. (There is no need for Conclusions of Law given the parties memoranda of law.) As there may be no opportunity for post-hearing submissions, the Proposed Findings of Fact (and the memoranda of law) should be detailed and should include citations to the proffered and anticipated hearing testimony and exhibits. The final prehearing conference is scheduled for May 25, 2023, at 10:00 a.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY. The preliminary injunction hearing will begin on May 30, 2023, at 9:00 a.m. in the same courtroom. Unless and until the Court orders otherwise, the hearing will be conducted from 9 a.m. to 5 p.m. until it is completed. It is further ORDERED that the following procedures shall govern the conduct of the hearing: a. All exhibits must be pre-marked. b. Counsel should make certain that they retain custody of all original exhibits, including the affidavits composing the direct testimony. The Court does not retain them and the Clerk is not responsible for them. The Clerk of Court is directed to terminate ECF No. 30. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/23) (yv)

Case 1:22-cv-10506-JMF Document 32 Filed 01/17/23 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
APPLIED BOLTING TECHNOLOGY PRODUCTS,
:
LLC,
:
:
Plaintiff,
:
:
-v:
:
TURNASURE LLC,
:
:
Defendant.
:
:
---------------------------------------------------------------------- X

22-CV-10506 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
As discussed during the conference held on January 13, 2023, the parties’ proposed
preliminary injunction schedule, attached, is ADOPTED. Additionally, the following dates and
deadlines shall also govern the conduct of pre-hearing proceedings in this case:
1. The parties are directed to send a joint letter to the Court no later than the close of
business on May 1, 2023, informing the Court of the status of settlement negotiations and
whether the parties request a referral to Magistrate Judge Figueredo or the Court-annexed
mediation program for settlement purposes.
2. In the case of discovery disputes, parties should follow Local Civil Rule 37.2 with the
following modifications. Any party wishing to raise a discovery dispute with the Court
must first confer in good faith with the opposing party, in person or by telephone, in an
effort to resolve the dispute. If this meet-and-confer process does not resolve the dispute,
the party shall, in accordance with the Court’s Individual Rules and Practices in Civil
Cases, promptly file a letter-motion, no longer than three pages, explaining the nature of
the dispute and requesting an informal conference. Any letter-motion seeking relief must
include a representation that the meet-and-confer process occurred and was unsuccessful.
Any opposition to a letter-motion seeking relief shall be filed as a letter, not to exceed
three pages, within three business days. Counsel should be prepared to discuss with the
Court the matters raised by such letters, as the Court will seek to resolve discovery
disputes quickly, by order, by conference, or by telephone. Counsel should seek relief in
accordance with these procedures in a timely fashion; if a party waits until near the close
of discovery to raise an issue that could have been raised earlier, the party is unlikely to
be granted the relief that it seeks, let alone more time for discovery.
3. On May 16, 2023, by noon, the parties shall file a Joint Pre-Hearing Order, including any
and all information relevant to the hearing referenced in the Court’s Individual Rules and
Practices in Civil Cases (available at http://nysd.uscourts.gov/judge/Furman) with respect
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Case 1:22-cv-10506-JMF Document 32 Filed 01/17/23 Page 2 of 5

to Joint Pre-Hearing Orders.
4. At the same time, the parties shall serve, but not file, affidavits constituting the direct
testimony of each trial witness, except for the direct testimony of an adverse party, a
person whose attendance is compelled by subpoena, or a person for whom the Court has
agreed to hear direct testimony live at the hearing. Witness affidavits are subject to the
same rules and restrictions as would apply in the case of live testimony (i.e., they are a
direct substitute for the live direct testimony), so the parties should be diligent in
complying with all applicable Rules of Evidence, including but not limited to the rules
regarding hearsay, personal knowledge, and proper foundation (e.g., as to any evidence
offered in connection with the witness’s direct testimony). Additionally, Rule 615 of the
Federal Rules of Evidence applies to the witness affidavits just as it would if the
witnesses were providing live testimony in open court. That is, fact witnesses may not
read any affidavit of another witness (unless and until the Court grants leave to do
otherwise in accordance with Rule 615). It is counsel’s obligation to ensure that
witnesses are aware of, and comply with, that rule.
5. At the same time, the parties shall also serve, but not file, all deposition excerpts that will
be offered as substantive evidence, as well as a one-page synopsis (with transcript
citations) of those excerpts for each deposition.
6. At the same time, the parties shall provide the Court with an electronic copy of each
exhibit sought to be admitted (with each filename corresponding to the relevant exhibit
number — e.g., “PX-1,” “DX-1,” etc.). If the files are too large for submission by email,
the parties shall use the Court’s file transfer protocol in accordance with Paragraph 1(C)
of the Court’s Individual Rules and Practices in Civil Cases. The parties shall also
provide, by e-mail to the Court ([e-mail]), a
Microsoft Word document listing all exhibits sought to be admitted. The list shall
contain four columns labeled as follows: (1) “Exhibit Number”; (2) “Description” (of the
exhibit); (3) “Date Identified”; and (4) “Date Admitted.” The parties shall complete the
first two columns, but leave the third and fourth columns blank, to be filled in by the
Court during the hearing.
7. Three business days after submission of the affidavits discussed above, counsel for each
party shall submit a list of all affiants whom he or she intends to cross-examine at the
hearing. Only those witnesses who will be cross-examined need to appear at the hearing.
The original signed affidavits should be brought to the hearing to be marked as exhibits.
8. On May 24, 2023, by noon, the parties shall each file Proposed Findings of Fact. (There
is no need for Conclusions of Law given the parties’ memoranda of law.) As there may
be no opportunity for post-hearing submissions, the Proposed Findings of Fact (and the
memoranda of law) should be detailed and should include citations to the proffered and
anticipated hearing testimony and exhibits.
9. The final prehearing conference is scheduled for May 25, 2023, at 10:00 a.m. in
Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre
Street, New York, NY.
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Case 1:22-cv-10506-JMF Document 32 Filed 01/17/23 Page 3 of 5

10. The preliminary injunction hearing will begin on May 30, 2023, at 9:00 a.m. in the same
courtroom. Unless and until the Court orders otherwise, the hearing will be conducted
from 9 a.m. to 5 p.m. until it is completed.
11. It is further ORDERED that the following procedures shall govern the conduct of the
hearing:
a. All exhibits must be pre-marked.
b. Counsel should make certain that they retain custody of all original exhibits,
including the affidavits composing the direct testimony. The Court does not
retain them and the Clerk is not responsible for them.
The Clerk of Court is directed to terminate ECF No. 30.
SO ORDERED.
Dated: January 17, 2023
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

3

Case 1:22-cv-10506-JMF Document 32 Filed 01/17/23 Page 4 of 5

[PROPOSED]
SCHEDULING ORDER ON PLAINTIFF’S PRELIMINARY-INJUNCTION MOTION
Event
Initial Disclosures
Document Requests
Interrogatories
Responses and
Objections to Document
Requests
Document Production
Verified Responses and
Objections to
Interrogatories
Requests for Admission
Depositions

Meet-and-Confer re
Witnesses’ Availability
for Defendant’s
Depositions of Plaintiff
Notices/Subpoenas of
Defendant’s Depositions
of Plaintiff’s Witnesses
Responses and
Objections to Requests
for Admission
Completion of
Defendant’s Depositions
of Plaintiff’s Witnesses
Defendant’s Opposition
to Plaintiff’s
Preliminary-Injunction
Motion
Meet-and-Confer re
Witnesses’ Availability
for Plaintiff’s

Current Deadline
n/a
n/a
n/a
n/a

Proposed Deadline
January 11, 2023
January 13, 2023
January 13, 2023
January 23, 2023

Limitation(s)
n/a
No more than 10
No more than 10
n/a

n/a
n/a

February 6, 2023
February 6, 2023

n/a
n/a

n/a
n/a

February 13, 2023
n/a

No more than 25
Each party may
take no more than
three total
depositions

n/a

February 13, 2023

Each party may
notice no more
than 10 FED. R.
CIV. P. 30(b)(6)
topics
n/a

n/a

February 17, 2023

n/a

n/a

February 27, 2023

n/a

March 6, 2023

December 28,
2022/January 13,
2023

March 27, 2023

n/a

n/a

April 3, 2023

n/a

Case 1:22-cv-10506-JMF Document 32 Filed 01/17/23 Page 5 of 5

Depositions of
Defendant
Notices/Subpoenas of
Plaintiff’s Depositions
of Defendant’s
Witnesses
Completion of
Plaintiff’s Depositions
of Defendant’s
Witnesses
Plaintiff’s Reply in
Further Support of its
Preliminary-Injunction
Motion
Evidentiary Hearing on
Plaintiff’s PreliminaryInjunction Motion

n/a

April 7, 2023

n/a

April 26, 2023

n/a

May 17, 2023

n/a

n/a

May 31, 2023 – June
2, 2023 *

n/a

As indicated during the January 4, 2023 hearing in this matter (Dkt. 18), the parties need
leave of Court to change the following deadlines in the Schedule above: (i) the March 6, 2023
deadline for Defendant’s depositions of Plaintiff’s witnesses; (ii) the March 27, 2023 deadline for
Defendant’s opposition to Plaintiff’s preliminary-injunction motion; (iii) the April 26, 2023 deadline
for Plaintiff’s depositions of Defendant’s witnesses; and (iv) the May 17, 2023 deadline for
Plaintiff’s reply in further support of its preliminary-injunction motion. The parties are free to agree
amongst themselves to change any other deadline in the Schedule above.
IT IS SO ORDERED
this ___ day of January, 2023
* May 30, 2023 - June 1, 2023

__________________________
The Hon. Jesse M. Furman
United States District Judge, S.D.N.Y.