Welch v. City of Peekskill et al

Filing 62

ORDER As explained more fully on the record during the appearance, the Court directs as follows: 1. The parties shall meet and confer regarding the Court's directives and instructions regarding changes to the proposed Joint Pretrial Order a nd file, by June 7, 2024, a revised proposed Joint Pretrial Order. 2. The Court denied the parties' proposed Voir Dire Question Nos. 33-35, 39, 68-74, and 77. The remaining proposed questions were granted in substance. The parties shall revie w the proposed Voir Dire Questionnaire Form provided by the Court during the conference and file, by June 7, 2024, a joint letter informing the Court as to any objections or additions thereto. 3. The parties are further directed to meet and confer regarding the summary paragraph in the introductory section of the proposed Voir Dire form and file, by June 7, 2024, a single, separate document representing the parties' joint summary of the case. 4. The parties shall meet and confer regard ing disputes in the proposed Jury Instructions and file, by June 7, 2024, revised proposed Jury Instructions. 5. The parties shall meet and confer regarding changes to the proposed Verdict Sheet and file, by June 7, 2024, a revised proposed Verdict Sheet. 6. Defendant shall, by June 7, 2024, notify the Court via letter whether it intends to offer proof at trial concerning racist and discriminatory speech that threatens to interfere with the City of Peekskill's operations. 7. Plaintiff s hall, by June 7, 2024, notify the Court via letter whether it intends to offer proof at trial concerning the involvement of the city manager. 8. The parties shall meet and confer and file, by June 7, 2024, a joint letter advising the Court whether they are requesting referral to the Magistrate Judge for a settlement conference. 9. All of the revised pretrial materials must be filed via ECF and simultaneously e-mailed, in Word format, to Chambers e-mail at [e-mail] s.gov. 10. A final pretrial conference has been scheduled for July 25, 2024 at 12:00 p.m. in Courtroom 520 of the White Plains courthouse. 11. The parties shall produce to the Court, by July 25, 2024, three exhibit binders containing the parties� 39; exhibits and an index listing the content of the binders. See Transcript. SO ORDERED. (Proposed Pretrial Order due by 6/7/2024., Ready for Trial by 12/9/2024., Final Pretrial Conference set for 7/25/2024 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 5/9/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
TYRONE WELCH,
Plaintiff,
-againstCITY OF PEEKSKILL, et al.,

ORDER
21-CV-07230 (PMH)

Defendants.
PHILIP M. HALPERN, United States District Judge:
Counsel for all parties appeared for an in-person pretrial conference on May 9, 2024. The
parties are on five days’ notice of trial as of today. As discussed on the record, this action will
proceed to trial on December 9, 2024. Additionally, this action is scheduled as the back up case
that may proceed to trial in place of the primary case scheduled for November 18, 2024, if that
primary case does not go forward.
As explained more fully on the record during the appearance, the Court directs as follows:
1. The parties shall meet and confer regarding the Court’s directives and instructions
regarding changes to the proposed Joint Pretrial Order and file, by June 7, 2024, a revised
proposed Joint Pretrial Order.
2. The Court denied the parties’ proposed Voir Dire Question Nos. 33-35, 39, 68-74, and 77.
The remaining proposed questions were granted in substance. The parties shall review the
proposed Voir Dire Questionnaire Form provided by the Court during the conference and
file, by June 7, 2024, a joint letter informing the Court as to any objections or additions
thereto.
3. The parties are further directed to meet and confer regarding the summary paragraph in the
introductory section of the proposed Voir Dire form and file, by June 7, 2024, a single,
separate document representing the parties’ joint summary of the case.
4. The parties shall meet and confer regarding disputes in the proposed Jury Instructions and
file, by June 7, 2024, revised proposed Jury Instructions.
5. The parties shall meet and confer regarding changes to the proposed Verdict Sheet and file,
by June 7, 2024, a revised proposed Verdict Sheet.

6. Defendant shall, by June 7, 2024, notify the Court via letter whether it intends to offer
proof at trial concerning racist and discriminatory speech that threatens to interfere with
the City of Peekskill’s operations.
7. Plaintiff shall, by June 7, 2024, notify the Court via letter whether it intends to offer proof
at trial concerning the involvement of the city manager.
8. The parties shall meet and confer and file, by June 7, 2024, a joint letter advising the Court
whether they are requesting referral to the Magistrate Judge for a settlement conference.
9. All of the revised pretrial materials must be filed via ECF and simultaneously e-mailed, in
Word format, to Chambers e-mail at [e-mail].
10. A final pretrial conference has been scheduled for July 25, 2024 at 12:00 p.m. in
Courtroom 520 of the White Plains courthouse.
11. The parties shall produce to the Court, by July 25, 2024, three exhibit binders containing
the parties’ exhibits and an index listing the content of the binders.
See Transcript.

SO ORDERED:
Dated:

White Plains, New York
May 9, 2024
PHILIP M. HALPERN
United States District Judge

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