Berger v. New York City Police Department et al
| Sara Berger |
| New York City Police Department, The City Of New York and Wayne Scibelli |
| 1:2013cv06084 |
| August 28, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| William H. Pauley |
| Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12112 |
| Plaintiff |
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Filing
162
ORDER: It has been reported to the Court that this case has been settled. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. SO ORDERED (Signed by Judge Vernon S. Broderick on 1/03/2020) (ama)
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Filing
160
ORDER: In light of my December 19, 2019 order, (Doc. 159), it is hereby:ORDERED that jury selection in this case will begin after the Daubert hearing scheduled for January 6, 2020. IT IS FURTHER ORDERED that trial will begin at 10:00 a.m. on January 7, 2020. SO ORDERED., ( Jury Trial set for 1/7/2020 at 10:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/30/2019) (ama)
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Filing
159
ORDER granting 136 MOTION in Limine concerning live-testimony at trial.; granting in part and denying in part 141 MOTION in Limine to preclude the testimony of Evan Feliciano; granting 149 MOTION in Limine to preclude Plaintiff from offeri ng evidence of damages accruing after her transfer from Room 804A. For the foregoing reasons, it is hereby: ORDERED that Defendant's motion in limine to require Plaintiff to call Andrew Krimsky as a live-witness at trial, rather than offer hi s testimony by deposition, is GRANTED. IT IS FURTHER ORDERED that I reserve ruling on Defendant's motion in limine to preclude the expert testimony of Dr. Kenneth Weinberg until after a Daubert hearing scheduled for January 6, 2020, at 10:30 a.m. IT IS FURTHER ORDERED that Defendant's motion in limine to preclude the testimony of Evan Feliciano is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Plaintiff's counsel is to provide a proffer of the substance of F eliciano's testimony that implicate his or others' present sense impressions of Room 804(A) prior to Feliciano being called as a witness. IT IS FURTHER ORDERED that Defendants motion in limine to preclude evidence of work-related events o r alleged damages occurring after Plaintiff's transfer from room 804(a) in the Summer of 2015 is GRANTED. IT IS FURTHER ORDERED that the parties shall provide the court with courtesy copies of all trial exhibits no later than January 3, 2020. The Clerk of Court is respectfully directed to terminate the open motions at Documents 136, 141, and 149. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/19/2019) (jca)
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Filing
134
ORDER: In light of the parties' submissions in connection with Defendants' motion in limine, it is hereby: ORDERED that the parties should be prepared to discuss at the Final Pretrial Conference the proposed testimony of Evan Feliciano, i ncluding whether or not Plaintiff intends to elicit testimony on the six topics mentioned in Defendants' memorandum of law, and if so, the relevance and admissibility of testimony on these topics. Specifically, the topics include: "(1) F eliciano's impression of Plaintiff as a coworker; (2) Feliciano's knowledge of complaints about the conditions of room 804A (where he and Plaintiff worked); (3) Feliciano's own complaints regarding the conditions of room 804A; (4) F eliciano's knowledge of plaintiff's request for an accommodation; and (5) his understanding of Wayne Scibelli and Andrew Krimsky's responses to plaintiff's accommodation; and (6) Feliciano's knowledge of Scibelli's em ployment with NYPD." (Doc. 122, at 3.); and IT IS FURTHER ORDERED that the parties be prepared to discuss the following issues/questions with regard to Dr. Kenneth Weinberg: and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 11/21/2019) (rro)
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