Hoffer v. City of Yonkers et al

Filing 60

ORDER: This case has had its scheduled trial adjourned without date, due to the circumstance of the coronavirus - COVID-19 stay at home order. For the same reason the Court is unable to hold jury trials in the immediate future. The earliest anticipat ed date for jury trials is expected to bein 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 t his 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 ben ch trial and would like to schedule a settlement conference, then contact the undersigned's chambers and the matter will be referred to a different Magistrate Judge for a settlement conference. If counsel do not consent to a bench trial and woul d like to schedule a settlement conference, then contact the undersigned's chambers to schedule such a conference. In any event, defendants have made efforts to file a motion in limine, but it was not successfully filed; therefore defendants sha ll refile their motion within 30 days of the date of this Order; opposition will be due 21 days thereafter; replies will not be permitted. Defendants have partially submitted required pre-trial documents; all remaining pre-trial documents, from all parties, shall be filed with the Court 21 days before any scheduled trial dates. This constitutes the Decision and Order of the Court. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 5/12/2020) (ama)

Case 7:18-cv-01197-LMS Document 60 Filed 05/12/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

RICHARD HOFFER,
ORDER

Plaintiff,
- against -

18CV1197 (LMS)
CITY OF YONKERS, et al.,
Defendants.

LISA MARGARET SMITH, U.S.M.J. 1
This case has had its scheduled trial adjourned without date, due to the circumstance of
the coronavirus - COVID-19 stay at home order. For the same reason the Court is unable to hold
jury trials in the immediate future. 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
and would like to schedule a settlement conference, then contact the undersigned's chambers and
the matter will be referred to a different Magistrate Judge for a settlement conference. If counsel
do not consent to a bench trial and would like to schedule a settlement conference, then contact
the undersigned's chambers to schedule such a conference. In any event, defendants have made
efforts to file a motion in limine, but it was not successfully filed; therefore defendants shall
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. 43.
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Case 7:18-cv-01197-LMS Document 60 Filed 05/12/20 Page 2 of 2

refile their motion within 30 days of the date of this Order; opposition will be due 21 days
thereafter; replies will not be permitted. Defendants have partially submitted required pre-trial
documents; all remaining pre-trial documents, from all parties, shall be filed with the Court 21
days before any scheduled trial dates.
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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