Opinion
17-cv-9706 (VSB)
06-09-2021
EMA FINANCIAL, LLC, Plaintiff, v. JOEY NEW YORK INC., et al., Defendants.
ORDER
VERNON S. BRODERICK, United States District Judge:
I am in receipt of Plaintiff s June 7, 2021 letter on witnesses for the upcoming bench trial in this case, (Doc. 161), as well as Defendant Joey Chancis' June 8, 2021 letter in response, (Doc. 163). The parties have expressed a dispute as to whether or not Felicia Preston may testify using a declaration previously submitted in connection with Plaintiffs motion for summary judgment. Accordingly, it is hereby:
ORDERED that Felicia Preston may not testify via declaration and must instead provide her testimony live. Based on the parties' representations, (see Docs. 161, 163), she is permitted to serve as the first witness at trial.
IT IS FURTHER ORDERED that Defendants are directed to file a proposed trial subpoena for David Frommer, which I will review upon receipt.
SO ORDERED.