Opinion
21 Civ. 10537 (LGS)
05-09-2022
DEMETRIUS COLEMAN, Plaintiff, v. 26 MOTORS CORP., et al., Defendants,
ORDER
LORNA G. SCHOFIELD, DISTRICT JUDGE
WHEREAS, Defendant filed a pre-motion letter arguing that the case should be dismissed and decided by an arbitrator pursuant to the arbitration clause in the contract at issue (Dkt. No. 18);
WHEREAS, Plaintiff argues that the contract was never properly formed and proposes first resolving the contract formation issue (Dkt. No. 20).
WHEREAS, Defendant agrees to resolving the contract formation issue first (Dkt. No. 23). It is hereby
ORDERED the parties shall appear for an evidentiary hearing over Zoom on May 24, 2022, at 10:30 A.M. Each party is limited to 45 minutes for any questioning and argument. The hearing will last no more than 90 minutes. The Court will email the parties the Zoom link prior to the hearing. The public may listen to the hearing by calling 888-363-4749 and entering access code 558-3333. It is further
ORDERED that by May 17, 2022, the parties shall exchange any exhibits they intend to introduce into evidence at the hearing, as well as the names of any witnesses they intend to call at the hearing. By May 18, 2022, the parties shall email the exhibits and witness names to the Chambers email address at Schofield NYSDChambers@nysd.uscourts. gov. If the exhibits cannot be emailed, counsel shall contact Chambers for a link to upload the documents.
The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 18, 21, and 23.