Kristy Rella v. Westchester BMW, Inc. et al

Filing 190

ORDER: This case is set for trial on July 6, 2020. Due to the circumstance of the coronavirus -COVID-19 stay at home order the Court is unable to hold jury trials in the immediate future,including July, and therefore the trial is adjourned with out date. The earliest anticipated date for jury trials is expected to be in September or later. The Court does expect to be able to conduct bench trials in July and August, with the possibility of some witnesses appearing remotely by video. It is therefore ordered that counsel in this matter confer with one another as soon as reasonably possible to determine whether they would jointly consent to a bench trial. The parties should inform the Court by letter filed on ECF no later than June 1 9, 2020. If counsel do consent to a bench trial, then the undersigned must seek reassignment of such a trial to a different Magistrate Judge in White Plains, as the parties have had a settlement conference presided over by the undersigned; if coun sel do not consent to a bench trial and would like to schedule a further settlement conference, then contact the undersigned's chambers to schedule such a conference. In the event that a jury trial will go forward before the undersigned, then any in limine motions, and any required pre-trial submissions, are to be filed 21 days before the scheduled trial; opposition to any in limine motion will be due 14 days before the scheduled trial;replies will not be permitted. This constitutes the Decision and Order of the Court. (Signed by Magistrate Judge Lisa Margaret Smith on 5/12/2020) (rj)

Case 7:16-cv-00916-LMS Document 190 Filed 05/12/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

KRISTY RELLA,
ORDER

Plaintiff,
- against -

16CV916 (LMS)
WESTCHESTER BMW, INC., et al.,
Defendants.

LISA MARGARET SMITH, U.S.M.J. 1
This case is set for trial on July 6, 2020. Due to the circumstance of the coronavirus COVID-19 stay at home order the Court is unable to hold jury trials in the immediate future,
including July, and therefore the trial is adjourned without date. The earliest anticipated date for
jury trials is expected to be in September or later. The Court does expect to be able to conduct
bench trials in July and August, with the possibility of some witnesses appearing remotely by
video. It is therefore ordered that counsel in this matter confer with one another as soon as
reasonably possible to determine whether they would jointly consent to a bench trial. The
parties should inform the Court by letter filed on ECF no later than June 19, 2020. If counsel do
consent to a bench trial, then the undersigned must seek reassignment of such a trial to a
different Magistrate Judge in White Plains, as the parties have had a settlement conference
presided over by the undersigned; if counsel do not consent to a bench trial and would like to
schedule a further settlement conference, then contact the undersigned's chambers to schedule
such a conference. In the event that a jury trial will go forward before the undersigned, then any
1

The parties have consented to the undersigned’s exercise of jurisdiction over this matter
pursuant to 28 U.S.C. § 636(c). Consent Order, ECF No. 188.
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Case 7:16-cv-00916-LMS Document 190 Filed 05/12/20 Page 2 of 2

in limine motions, and any required pre-trial submissions, are to be filed 21 days before the
scheduled trial; opposition to any in limine motion will be due 14 days before the scheduled trial;
replies will not be permitted.
This constitutes the Decision and Order of the Court.
Dated: May 12, 2020
White Plains, New York
SO ORDERED,

Lisa Margaret Smith
United States Magistrate Judge
Southern District of New York

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