Rivera v. United Parcel Service et al
| Rafael Rivera |
| United Parcel Service, Sheldon Allen, John Does 1-10 and XYZ Corp 1-10 |
| 1:2016cv03998 |
| May 27, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Valerie E. Caproni |
| Housing/Accommodations |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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| Document Text |
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Filing
84
MEMORANDUM OPINION AND ORDER re: 77 MOTION to Preclude Evidence filed by Sheldon Allen, United Parcel Service: For all the foregoing reasons, Defendants' motion to preclude is DENIED. The Clerk is respectfully directed to clo se the open motion at Dkt. 77. The Court also enters the following orders: 1. Unless Plaintiff withdraws Khan and Torrado as witnesses, and notifies Defendants and the Court by May 31, 2018, of that withdrawal, discovery is reopened for the limited purposes described in this opinion until June 21, 2018. 2. The Court will allow Defendants to offer evidence at trial of McIntyre's and Stadlen's alleged discarding of records after April 2015, and, if the evidence is sufficient, the Court will consider charging the jury that it may draw an adverse inference against Plaintiff based on the missing records. 3. The parties must appear for a conference on June 22, 2018 at 10:00 a.m. in Courtroom 443, Thurgood Marshall U.S. Courthouse. No later than June 14, 2018, the parties must submit a letter stating whether they will require expert discovery and proposing a briefing schedule for a motion for summary judgment. (Signed by Judge Valerie E. Caproni on 5/24/2018) (jwh)
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