Fabricio v. Lee et al

Filing 200

ORDER granting in part and denying in part 170 Motion in Limine; granting in part and denying in part 181 Motion in Limine. Counsel for Ederick Fabricio (Plaintiff) and counsel for Keith Chase, Jeffery Erns, Keith Brokaw, Brian Corey, Sean C arlson, Jeffrey Miller, Reginald Lorde-Gray, and Stanley Phillips (collectively, Defendants) appeared for oral argument today on the parties motions in limine. (Doc. 170; Doc. 181). Argument was held on the record. For the reasons stated on the re cord, and the law cited therein, each motion is GRANTED IN PART and DENIED IN PART. The parties are directed to meet and confer to discuss settlement, resolve outstanding objections to the Proposed Jury Instructions, and combined their Proposed Voir Dire submissions. The parties shall file by 5:00 p.m. on September 24, 2021: (1) a joint letter, no more than two pages, providing the date, time, and duration of each meet and confer along with the status of settlement discussions; (2) a Joint Pr oposed Voir Dire; and (3) Joint Amended Proposed Jury Instructions. As explained on the record, jury selection in this matter will commence on October 18, 2021 or October 20, 2021, as circumstances in the courthouse permit. Should the parties seek the Courts assistance in fostering settlement discussions, they must so advise forthwith. In light of the foregoing, the Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 170 and Doc. 181. The Court shall hold a final pretrial conference at 3:00 p.m. on October 6, 2021.The Court shall advise the parties of the courtroom before the appearance date. SO ORDERED. (Signed by Judge Philip M. Halpern on 8/31/2021) (tg)

Case 7:16-cv-08731-PMH Document 200 Filed 09/01/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDERICK FABRICIO,
Plaintiff,
-against-

ORDER
16-CV-08731 (PMH)

SGT. JEFFREY MILLER, et al.,
Defendants.
PHILIP M. HALPERN, United States District Judge:
Counsel for Ederick Fabricio (“Plaintiff”) and counsel for Keith Chase, Jeffery Erns, Keith
Brokaw, Brian Corey, Sean Carlson, Jeffrey Miller, Reginald Lorde-Gray, and Stanley Phillips
(collectively, “Defendants”) appeared for oral argument today on the parties’ motions in limine.
(Doc. 170; Doc. 181). Argument was held on the record. For the reasons stated on the record, and
the law cited therein, each motion is GRANTED IN PART and DENIED IN PART.
The parties are directed to meet and confer to discuss settlement, resolve outstanding
objections to the Proposed Jury Instructions, and combined their Proposed Voir Dire submissions.
The parties shall file by 5:00 p.m. on September 24, 2021: (1) a joint letter, no more than two
pages, providing the date, time, and duration of each meet and confer along with the status of
settlement discussions; (2) a Joint Proposed Voir Dire; and (3) Joint Amended Proposed Jury
Instructions. As explained on the record, jury selection in this matter will commence on October
18, 2021 or October 20, 2021, as circumstances in the courthouse permit. Should the parties seek
the Court’s assistance in fostering settlement discussions, they must so advise forthwith.
In light of the foregoing, the Clerk of the Court is respectfully directed to terminate the
motion sequences pending at Doc. 170 and Doc. 181. The Court shall hold a final pretrial

Case 7:16-cv-08731-PMH Document 200 Filed 09/01/21 Page 2 of 2

conference at 3:00 p.m. on October 6, 2021.The Court shall advise the parties of the courtroom
before the appearance date.
SO ORDERED:
Dated:

White Plains, New York
August 31, 2021
PHILIP M HALPE
LIP M. HALPERN
United States District Judge

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