Opinion
11-CV-3200 (RWL)
06-10-2021
PAUL BETANCES, et al., Plaintiffs, v. BRIAN FISCHER, in his capacity as Commissioner of the New York State Department of Correctional Services DOCS, and in his individual capacity, et al., Defendants.
ORDER
ROBERT W. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE.
As per the conference held on June 20, 2021:
1. Defendants' suggestion that the Court reconsider the statute of limitations issue in light of Chavez v. Occidental Petroleum (N.Y. 2020), is denied.
2. Defendants' request to ex clude the testimony of Shawn Smith is denied; however, Defendants may depose Mr. Smith.
3. Defendants' request to revisit qualified immunity in light of Early v. Annucci (2d Cir. 2020) is denied.
All other issues that are subject of the parties' motions in limine and pre-trial briefs are denied without prejudice to renewal at an appropriate juncture.
SO ORDERED.