Opinion
15cv9946 (DLC)
10-28-2022
MARGARET RHEE-KARN, Plaintiff, v. [REDACTED], ESQ., A/K/A [REDACTED], A/K/A [REDACTED], Defendant.
ORDER
DENISE COTE, United States District Judge
As set forth on the record at the conference held on October 28, it is hereby
ORDERED that, by November 1, the plaintiff shall file a letter identifying any admissions made by the defendant either to this Court or the Court of Appeals regarding entries on the defendant's invoices that represent work related to the First Federal Action. The defendant shall, by November 3, file any response to the plaintiff's submission.
IT IS FURTHER ORDERED that, to the extent that the issue of the appropriate amount of damages is not resolved earlier, trial in this action will commence on February 7, 2023 at 9:30 a.m. The Joint Pretrial Order must be filed by January 20. As described in greater detail in this Court's Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order: Voir Dire, Requests to Charge and a Memorandum of Law addressing all questions of law expected to arise at trial. Any responsive papers are due one week thereafter. In the event a party does not file a Memorandum of Law, a responsive Memorandum of Law should not be submitted unless in reply to an unanticipated legal argument in the other party's Memorandum of Law.
IT IS FURTHER ORDERED that the following procedures shall govern the conduct of the trial.
1. All exhibits must be pre-marked.
2. At the start of the trial each party will send the following to the Court's Chambers email inbox: Cotenysdchambers@nysd.uscourts.gov:
(a) A complete exhibit List.
(b) A set of pre-marked exhibits assembled sequentially in a digital folder and labeled with exhibit numbers for ready reference.
(c) The exhibits should include copies of the sections of any depositions that are intended to be offered into evidence, expert reports, and any charts or summaries of evidence.
3. Counsel should be available at 9:00 a.m. in order to discuss with the Court any legal or evidentiary issues expected to arise during the day.
4. There should be no sidebars during jury trials. Counsel are expected to anticipate any problems that might require a ruling from the Court and to raise those issues with the Court in advance of the time that the jury will be hearing the evidence.
5. If counsel intend to distribute copies of documentary exhibits to the jury, make a digital copy available for each juror.
6. Counsel should make certain that they have custody of all original exhibits. The Court does not retain them and the Clerk is not responsible for them.
IT IS FURTHER ORDERED that the parties shall consult and advise the Court by December 16 whether, should this case proceed to trial, all parties consent to a bench trial before this Court. Should there be a division of views among the parties, no one shall on any account advise the Court which party or parties has elected to proceed to trial before a jury.
IT IS FURTHER ORDERED that the parties shall consult and advise the Court by December 16 whether all parties consent to have this case proceed to trial before a Magistrate Judge rather than before this Court. Should the parties elect to proceed before a Magistrate Judge, they should complete the attached Notice, Consent, and Reference of a Civil Action to a Magistrate Judge and submit it to the Clerk of Court. Should there be a division of views among the parties, no one shall on any account advise the Court which party or parties were willing to proceed to trial before a Magistrate Judge. If all parties consent to trial before the Magistrate Judge, that trial may be conducted at the parties' election either as a jury trial or a bench trial.