Frommer et al v. MoneyLion Technologies Inc. et al

Filing 123

ORDER granting 121 Letter Motion for Extension of Time to File. As discussed during the conference held on August 29, 2024, fact discovery in this case is now closed, with the sole exception of the outstanding deposition of Hillview Medical Inc. , which must take place no later than September 13, 2024. The following schedule shall govern the further conduct of pretrial proceedings in this case: 1. By December 20, 2024, the parties shall file a Joint Pretrial Order, including any and all information relevant to the trial referenced in the Court's Individual Rules and Practices in Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman) with respect to Joint Pretrial Orders. 3. By the same date, the parties shall file any motions in limine (in compliance with Paragraph 6.B.i of the Court's Individual Rules and Practices) and/or any motion to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases. In light of the holidays, any opposition to any such motion shall be filed by January 7, 2025, and any reply shall be filed one week after any opposition. The Clerk of Court is directed to terminate ECF No. 121. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/29/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JEFFREY FROMMER et al.,
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Plaintiffs,
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-v:
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MONEYLION TECHNOLOGIES INC. et al.,
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Defendants.
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23-CV-6339 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
As discussed during the conference held on August 29, 2024, fact discovery in this case
is now closed, with the sole exception of the outstanding deposition of Hillview Medical Inc.,
which must take place no later than September 13, 2024.
case:

The following schedule shall govern the further conduct of pretrial proceedings in this

1. By December 20, 2024, the parties shall file a Joint Pretrial Order, including any and all
information relevant to the trial referenced in the Court’s Individual Rules and Practices
in Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman) with respect to
Joint Pretrial Orders.
2. By the same date, the parties shall each file Proposed Findings of Fact and Conclusions
of Law. As there may be no opportunity for post-trial submissions, the Proposed
Findings of Fact should be detailed and should include citations to the proffered trial
testimony and exhibits, and the Proposed Conclusions of Law shall include all law that
the parties wish to submit to the Court. Except as set forth below, the parties may not
submit additional memoranda of law (before or after trial) without leave of Court.
3. By the same date, the parties shall file any motions in limine (in compliance with
Paragraph 6.B.i of the Court’s Individual Rules and Practices) and/or any motion to
exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of
Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993),
line of cases. In light of the holidays, any opposition to any such motion shall be filed by
January 7, 2025, and any reply shall be filed one week after any opposition.
4. By the same date, 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 trial. 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. By the same date, 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. By the same date, 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.) on either a CD-ROM or a flash drive. If
submission of electronic copies would be an undue burden on a party, the party may seek
leave of Court (by letter-motion filed on ECF) to submit prospective documentary
exhibits in hard copy. Each hard copy shall be pre-marked (that is, with an exhibit
sticker) and assembled sequentially in a loose leaf binder (not to exceed 2 1/2 inches in
thickness) or in separate manila folders labeled with the exhibit numbers and placed in
redweld folders labeled with the case name and docket number. 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 trial.
7. Three business days after submission of the affidavits discussed above, counsel for each
party shall file a list of all affiants whom he or she intends to cross-examine at the trial.
Only those witnesses who will be cross-examined need to appear at trial. The original
signed affidavits should be brought to trial to be marked as exhibits.
8. In light of the holidays, the parties are granted until January 7, 2025, to file any response
memorandum of law to the other side’s Proposed Findings of Fact and Conclusions of
Law.
9. By the same date, each side shall file, with respect to each direct testimony affidavit
submitted by the opposing side, a chart with three columns: (1) listing any paragraph
number of the affidavit to which the side objects; (2) the text of the paragraph subject to

objection; and (3) the basis for the objection (e.g., “hearsay,” “lack of personal
knowledge,” “foundation,” “relevance,” etc.).
10. The parties shall be prepared for trial to begin as early as approximately two weeks after
the submission of the Joint Pretrial Order and related materials or the reply deadline for
any Daubert motion, whichever is later, but the Court will provide further guidance on
the scheduling of trial and a final pretrial conference after the parties make their pretrial
submissions. To that end, no later than December 20, 2024, each party shall provide the
Court with any dates on which they will not be available for trial during the months of
January, February, and March of 2025.
The Clerk of Court is directed to terminate ECF No. 121.
SO ORDERED.
Dated: August 29, 2024
New York, New York

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JESSE M. FURMAN
United States District Judge