Hoffer v. City of Yonkers et al

Filing 75

ORDER: This case is now scheduled for a potential trial beginning with jury selection on either Monday, November 29, 2021 or Wednesday, December 1, 2021. At present, one trial has scheduling priority over this case on each of the potential trial dat es; if either one of those cases is resolved or rescheduled, this case will proceed to trial. Based on the Court's experience with the trial scheduling process in prior quarters, there is a significant likelihood that one of the cases currently ahead of this one will be resolved or rescheduled. Accordingly, the parties should proceed with the expectation that trial will begin on November 29, 2021 or December 1, 2021. The Court will provide further updates regarding the status of the other c ases as information becomes available. In anticipation of the trial, Plaintiff's counsel must prepare a proposed writ of habeas corpus ad testificandum to insure Plaintiff's appearance in court on November 29, 2021. The proposed writ must b e filed via ECF by no later than September 17, 2021. Examples of an appropriate writ may be found at ECF Nos. 235-237 in Garcia v. Fischer, 13-cv-8196 (VB).As discussed at the August 4, 2021 status conference, pretrial submissions are due on October 29, 2021. Plaintiff's opposition to the motion in limine (ECF No. 62) that will be re-filed by Defendants is due on November 5, 2021. The parties' oppositions to any new motions in limine that are filed on October 29, 2021 are due on or bef ore November 12, 2021. The parties should consult the Court's Individual Practices at https://nysd.uscourts.gov/hon-andrew-e-krause for detailed information on what must be included in the October 29, 2021 submissions.The final pretrial conferen ce currently scheduled for Monday, November 22, 2021 at 10:00 a.m. in Courtroom 250 will proceed as scheduled. The parties must submit a joint letter on or before Monday, November 15, 2021, outlining any issues they would like to address at the final pretrial conference.All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. On the day you are due to arrive at the courthouse, click on the following link: https://app.certify.me/SDNYPublic. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used at th e entry device at the courthouse entrance. If you do not meet the necessary requirements, please contact Chambers at [phone]. (Responses due by 11/12/2021, Final Pretrial Conference set for 11/22/2021 at 10:00 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 9/8/2021) (rro)

Case 7:18-cv-01197-AEK Document 75 Filed 09/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
Hoffer,
Plaintiff,
-against-

ORDER
18 Civ. 1197 (AEK)

City of Yonkers et al.,
Defendants.
-------------------------------------------------------------X
THE HONORABLE ANDREW E. KRAUSE, U.S.M.J.
This case is now scheduled for a potential trial beginning with jury selection on either
Monday, November 29, 2021 or Wednesday, December 1, 2021. At present, one trial has
scheduling priority over this case on each of the potential trial dates; if either one of those cases
is resolved or rescheduled, this case will proceed to trial. Based on the Court’s experience with
the trial scheduling process in prior quarters, there is a significant likelihood that one of the cases
currently ahead of this one will be resolved or rescheduled. Accordingly, the parties should
proceed with the expectation that trial will begin on November 29, 2021 or December 1,
2021. The Court will provide further updates regarding the status of the other cases as
information becomes available.
In anticipation of the trial, Plaintiff’s counsel must prepare a proposed writ of habeas
corpus ad testificandum to insure Plaintiff’s appearance in court on November 29, 2021. The
proposed writ must be filed via ECF by no later than September 17, 2021. Examples of an
appropriate writ may be found at ECF Nos. 235-237 in Garcia v. Fischer, 13-cv-8196 (VB).
As discussed at the August 4, 2021 status conference, pretrial submissions are due on
October 29, 2021. Plaintiff’s opposition to the motion in limine (ECF No. 62) that will be re-

Case 7:18-cv-01197-AEK Document 75 Filed 09/08/21 Page 2 of 2

filed by Defendants is due on November 5, 2021. The parties’ oppositions to any new motions
in limine that are filed on October 29, 2021 are due on or before November 12, 2021. The
parties should consult the Court’s Individual Practices at
https://nysd.uscourts.gov/hon-andrew-e-krause for detailed information on what must be
included in the October 29, 2021 submissions.
The final pretrial conference currently scheduled for Monday, November 22, 2021 at
10:00 a.m. in Courtroom 250 will proceed as scheduled. The parties must submit a joint letter on
or before Monday, November 15, 2021, outlining any issues they would like to address at the
final pretrial conference.
All members of the public, including attorneys, appearing at a Southern District of New
York courthouse must complete a questionnaire and have their temperature taken before being
allowed entry into the courthouse. On the day you are due to arrive at the courthouse, click on
the following link: https://app.certify.me/SDNYPublic. Follow the instructions and fill out the
questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be
used at the entry device at the courthouse entrance. If you do not meet the necessary
requirements, please contact Chambers at [phone].
Dated: September 8, 2021
White Plains, New York

SO ORDERED.
___________________________________
ANDREW E. KRAUSE
United States Magistrate Judge

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