Joffe v. King & Spalding LLP
Plaintiff: David A. Joffe
Defendant: King & Spalding LLP
Case Number: 1:2017cv03392
Filed: May 8, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Valerie E. Caproni
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 28 U.S.C. ยง 1132
Jury Demanded By: Plaintiff
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Date Filed Document Text
May 26, 2022 Opinion or Order Filing 371 OPINION AND ORDER: For the reasons discussed below, the Court finds that Joffe has not met his burden of proving by a preponderance of the evidence that K&S unlawfully interfered with his rights under ERISA. Therefore, the Court finds in favor of K &S on the ERISA claim, and that claim is dismissed. Based on its observations of the witnesses, examination of the evidence, and the parties' briefing, the Court makes the following findings of fact and conclusions of law. See Fed. R. Civ. P. 52(a). For the foregoing reasons, the Court finds in favor of K&S on Joffe's ERISA claim and that claim is DISMISSED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/26/2022) (tg)
December 17, 2021 Opinion or Order Filing 356 ORDER: IT IS HEREBY ORDERED that King & Spalding's response to Mr. Joffe's filing is due no later than Friday, January 14, 2022 and Mr. Joffes reply is due no later than Friday, January 21, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/17/2021) (ama)
December 10, 2021 Opinion or Order Filing 354 OPINION: For the reasons discussed above, Joffe's objection to the Court's exclusion of unvaccinated jurors was OVERRULED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/10/2021) (vfr)
November 28, 2021 Opinion or Order Filing 333 ORDER: IT IS HEREBY ORDERED that a pre-trial conference will be held on Monday, November 29, 2021 at 9:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse. IT IS FURTHER ORDERED that Mr. Joffe must file a letter by no later than Sunday, N ovember 28, 2021 at 9:00 P.M. informing the Court whether he objects to the exclusion of any of the four exhibits identified by King & Spalding from the exhibits that will be available to the jury during deliberations on liability. See Brief, Dkt . 331 at 8. If Mr. Joffe objects to the exclusion of any of the exhibits, the Court will rule on the objections at tomorrow's pre-trial conference. IT IS FURTHER ORDERED that the parties must bring a thumb drive or drives containing the exhibi ts admitted during the trial and excluding those exhibits agreed to by the parties to tomorrow's pre-trial conference. IT IS FURTHER ORDERED that the Court will hear any final objections to the final jury charge and verdict sheet at the pre-trial conference. The Court has made an additional change to the charge and verdict sheet and will give the parties redlined hard copies at 8:30 A.M. tomorrow morning. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/28/2021) (tg)
November 23, 2021 Opinion or Order Filing 329 ORDER: IT IS HEREBY ORDERED that trial in this matter will resume on Monday, November 29, 2021 at 9:30 A.M. A pre-trial conference will be held on Monday, November 29, 2021 at 9:00 A.M. The trial and the conference will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that Plaintiff's brief on damages is due no later than Saturday, November 27, 2021 at 12:00 P.M. Defendant's r esponse is due no later than Sunday, November 28, 2021 at 12:00 P.M. Both sides should include a list of exhibits it contends should be excluded from jury deliberations on liability in the briefing. IT IS FURTHER ORDERED that any interested member s of the public may attend in person or listen to the proceeding remotely by dialing 1-888-363-4749, using the access code 3121171 and the security code 3392. Recording or rebroadcasting the proceeding is strictly prohibited by law. SO ORDERED. ( Brief due by 11/27/2021., Responses due by 11/28/2021, Jury Trial set for 11/29/2021 at 09:03 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni., Pretrial Conference set for 11/29/2021 at 09:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/23/2021) (tg)
November 9, 2021 Opinion or Order Filing 308 ORDER: IT IS HEREBY ORDERED the Court will hold a conference on Wednesday, November 10, 2021 at 1:30 P.M. The conference will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Only those individuals who meet the entry requiremen ts established by the questionnaire will be permitted entry. Please contact chambers promptly if you or your client do not meet the requirements. SO ORDERED., ( Status Conference set for 11/10/2021 at 01:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/09/2021) (ama)
November 3, 2021 Opinion or Order Filing 291 ORDER: IT IS HEREBY ORDERED that opening statements at trial will be limited to 20 minutes for each side. IT IS FURTHER ORDERED that Plaintiff's objections to Defense exhibits 56, 58, 71, and 73 are OVERRULED. The Court finds that the exhibits a re marginally relevant and arguments as to their weight are more appropriate for the jury. Plaintiff's objections to Defense exhibits 18 and 19 are SUSTAINED and those exhibits are EXCLUDED. Those two exhibits are from 2014, prior to Mr. Joffe 's alleged reports of ethical concerns and are, accordingly, not relevant. To the extent there is any marginal relevance, they are excluded pursuant to Fed. R. Evid. 403 because the probative value of the documents is outweighed by the likeliho od of confusion. IT IS FURTHER ORDERED that Plaintiff's objection to Defense exhibit 117 is SUSTAINED and the exhibit is EXCLUDED. The Court finds that the probative value of the exhibit is substantially outweighed by its prejudicial impact, and therefore the exhibit is excluded pursuant to Fed. R. Evid. 403. The Court's order that the parties propose redactions to Defense exhibit 117 is VACATED. IT IS FURTHER ORDERED that Plaintiff exhibits 28, 49, 54, 56, and 61 may b admitted with the redactions ordered at the final pretrial conference. By no later than Friday, November 5, 2021, Defense counsel may propose additional text, if any, that King & Spalding wants to be included in the exhibits on the grounds of completeness. IT IS FURTHER ORDERED that the parties must meet and confer on a joint stipulation listing the fact that emails with a certain subject line on a certain date and between certain parties were sent and received. Any joint stipulation must be sent to the Cou rt by no later than Friday, November 5, 2021. If the parties cannot agree on a stipulation, the Court will rule on whether some or all of Plaintiff exhibit 125, the privilege log, is admissible.IT IS FURTHER ORDERED that Mr. Joffe must file a propos ed charge with respect to his pro se status by no later than Friday, November 5, 2021. Any objections to the proposed charge are due no later than Monday, November 8, 2021. IT IS FURTHER ORDERED that the Court does not currently intend to provide a public dial out number for the trial. Any interested member of the public may attend the trial in person. Any objections by the parties are due no later than Friday, November 5, 2021. IT IS FURTHER ORDERED that the parties must send Chambers electr onic copies of all exhibits by Friday, November 5, 2021. The electronic copies of the exhibits must include the redactions ordered by the Court at the final pretrial conference. The parties may send the exhibits to Chambers via email, using Dropbox or a similar program, or by sending a USB keyvia courier to Chambers. IT IS FURTHER ORDERED that jury selection will begin on Tuesday, November 9, 2021 at 10:00 A.M. in the jury assembly room on the first floor of the Daniel Patrick Moynihan U.S. C ourthouse at 500 Pearl Street, New York, New York 10007. The parties must appear for a pre-trial conference with Magistrate Judge Aaron on Tuesday, November 9, 2021 at 9:30 A.M. in Courtroom 11C of the Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007. IT IS FURTHER ORDERED that the trial will commence on Monday, November 15, 2021 at 9:30 A.M. The Court will hold a pretrial conference with the parties each morning at 9:15 A.M. at which they are expected to p review any issues they anticipate arising during that day of trial that can be resolved prior to bringing the jury into the courtroom. The trial will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Squ are, New York, New York 10007. SO ORDERED., ( Jury Selection set for 11/9/2021 at 10:00AM before Judge Valerie E. Caproni., Jury Trial set for 11/15/2021 at 09:30 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni., Pretrial Conference set for 11/9/2021 at 09:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Signed by Judge Valerie E. Caproni on 11/03/2021) (ama)
October 26, 2021 Opinion or Order Filing 285 ORDER: IT IS HEREBY ORDERED the Court will hold a telephone conference in this matter on Wednesday, October 27, 2021 at 11:00 A.M. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 31 21171, and the security code 3392. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding is strictly prohibited by law. SO ORDERED. ( Telephone Conference set for 10/27/2021 at 11:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/26/2021) (tg)
October 22, 2021 Opinion or Order Filing 282 ORDER: IT IS HEREBY ORDERED that trial in this matter will commence on Tuesday, November 9, 2021 at 10:00 A.M. The Court will hold the trial on November 9, 10, 15, 16, 17, and 18, 2021. The Court would also like to discuss with the parties whethe r the trial should proceed on Friday, November 12, 2021, notwithstanding the Courts earlier plan not to sit that day. If additional time is needed, the Court will determine on what additional days to sit. The Court reminds the parties that the final pretrial conference is scheduled for Tuesday, November 2, 2021 at 2:30 P.M. SO ORDERED. ( Jury Trial set for 11/9/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/22/2021) (tg)
October 18, 2021 Opinion or Order Filing 280 ORDER: IT IS HEREBY ORDERED that by no later than Friday, October 22, 2021, the parties must file a joint letter with the Court outlining their respective positions and proposals with respect to the testimony of two witnesses: Meredith Moss and Rob ert Thornton. The Court encourages the parties to meet and confer on a joint proposal. The Court reminds the parties that it has a strong preference for in person testimony. IT IS FURTHER ORDERED that the final pretrial conference is scheduled f or Tuesday, November 2, 2021 at 2:30 P.M. If the trial scheduled ahead of this matter proceeds, the Court will cancel the final pretrial conference. The conference will be held in Courtroom 443 of the Thurgood Marshall United States Courthous e, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Pl ease see the enclosed instructions. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. IT IS FURTHER ORD ERED that any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-47 49, using the access code 3121171 and the security code 3392. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. ( Final Pretrial Conference set for 11/2/2021 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/18/2021) (tg)
August 30, 2021 Opinion or Order Filing 276 ORDER: IT IS HEREBY ORDERED that the parties must be ready for trial to commence at any time between November 1, 2021 and November 20, 2021. Although the Court acknowledges that the Defense team included November 15 20 as dates in which they have other professional or personal commitments, see Letter, Dkt. 274, the Court requests that the Defense remain as flexible as possible given the logistical difficulties in scheduling a civil jury trial during the pandemic. As soon as the Court confirms that the trial has been given a firm date during the three-week window, or as soon as the Court has any other information, it will inform the parties. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/30/2021) (tg)
June 22, 2021 Opinion or Order Filing 273 ORDER: IT IS HEREBY ORDERED that the trial in this matter is adjourned to the fourth quarter of 2021. As soon as the Court attains a new trial date, it will inform the parties. The parties will receive at least one months notice of the potential tri al date. IT IS FURTHER ORDERED that the parties in this case must inform the Court not later than June 30, 2021: (a) whether they or any of their intended witnesses have professional or personal commitments in fourth quarter 2021 that they would pref er not to cancel due to this trial; (b) whether their trial team and all witnesses the party intends to call have been vaccinated against COVID-19, and, if any has not, whether those persons intend to be fully vaccinated (meaning at least two weeks p ast the date of receiving the second shot of a two shot series or after the date of receiving the shot of a one shot series) before October 1, 2021. IT IS FURTHER ORDERED that the final pretrial conference remains adjourned sine die. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/22/2021) (ama)
March 1, 2021 Opinion or Order Filing 266 ORDER. IT IS HEREBY ORDERED that the trial in this matter is adjourned to the third quarter of 2021. The Court will seek a replacement jury trial date for late in July 2021. As soon as the Court attains a new trial date, it will inform the parties. IT IS FURTHER ORDERED that the final pretrial conference is adjourned sine die. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/1/21) (yv)
January 14, 2021 Opinion or Order Filing 260 ORDER: IT IS HEREBY ORDERED that due to the rising number of COVID-19 cases in New York City, the trial start date is adjourned to Monday, June 14, 2021, at 10:00 A.M. The final pre-trial conference is adjourned to Thursday, June 3, 2021, at 2:30 P.M . The Court is hopeful that the number of cases will be sufficiently lower by that point that the trial can proceed, given the COVID precautions that are in place in this district. All attorneys that will participate in the trial are encouraged to ge t vaccinated as soon as possible in their state of residence. SO ORDERED., ( Final Pretrial Conference set for 6/3/2021 at 02:30 PM before Judge Valerie E. Caproni., Jury Trial set for 6/14/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/14/2021) (ama)
October 30, 2020 Opinion or Order Filing 255 ORDER SCHEDULING TELEPHONIC SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Monday, November 30, 2020 at 2:30 p.m. The settlement shall proceed by telephone unless the parties advise the Court that they have access to and prefer proceeding by alternative remote means, such as by video. The Court will provide dial-in information to the parties by email before the conference. The parties must comply with the Settlement Conference Procedure s for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. SO ORDERED. (Telephonic Settlement Conference set for 11/30/2020 at 02:30 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 10/30/2020) (kl)
October 23, 2020 Opinion or Order Filing 253 ORDER: granting in part and denying in part 193 Motion in Limine; denying 195 Motion in Limine; denying 197 Motion in Limine; denying 204 Motion in Limine. IT IS HEREBY ORDERED that, for the reasons stated at the conference: Defendant 9;s motion to preclude Plaintiff from introducing evidence concerning back pay and front day damages after September 11, 2018, Dkt. 204, is DENIED. Plaintiff's motion to exclude testimony about media coverage surrounding his separation from his former counsel, Dkt. 195, is DENIED. Accordingly, the motion to exclude the opinions discussing his prior counsel's charging lien (Dkts. 113, 184) is GRANTED. Plaintiff's motion to bifurcate the trial into liability and damages phases, Dkt. 197, is DENIED. Defendant's motion to exclude evidence regarding the relative size of the parties' legal teams and resources, Dkt. 193, is DENIED. Defendant's motion to exclude evidence regarding King and Spalding's size and prof itability, Dkt. 193, is DENIED. Defendant's motion to exclude evidence regarding other claims or lawsuits against King & Spalding implicating professional liability issues, Dkt. 193, is GRANTED. Defendant's motion to exclude evidence regard ing communication with King & Spalding's professional liability insurance carrier, Dkt. 193, is GRANTED. Defendant's motion to exclude King & Spalding's policy entitled "Claims, Situations That Might Lead to Claims, And Subpoenas/ Discovery Directed To The Firm and Its Lawyers,' Dkt. 193, is GRANTED. Defendant's motion to exclude the privilege log produced by King & Spalding, Dkt. 193, is GRANTED. Defendant's motion to exclude statements made by Judge Lewis Kapl an about King &Spalding's conduct during the Vringo v. ZTE lawsuit, Dkt. 193, is DENIED. Defendant's motion to preclude Plaintiff from using the terms "Sanctions Order" and "Red Flags Email," Dkt. 193, is GRANTED. IT IS FURTHER ORDERED that the parties must brief the issue of whether Plaintiff is entitled to a jury trial on his ERISA claim. Defendant, which objected to a jury trial with respect to the ERISA claim, Dkt. 224 at 3, must file a brief in support of this contention by no later than Friday, November 13, 2020. Plaintiff's response in opposition is due no later than Friday, December 4, 2020. Defendant's reply in support is due no later than Friday, December 11, 2020. IT IS FURTHER ORDERED that the parties may file updated trial materials, including their joint pretrial order, requests to charge, joint proposed voir dire questions, and pre-markedexhibits, by no later than Friday, February 26, 2021. IT IS FURTHER ORDERED that the trial is s cheduled to begin on Monday, April 26, 2021, at 10:00 A.M. The final pre-trial conference is scheduled for Thursday, April 15, 2021, at 2:30 P.M. IT IS FURTHER ORDERED that if the parties want a referral for a settlement conference with Magistrate Ju dge Aaron or to the Court-annexed Mediation Program, they may submit a joint letter requesting such a referral at any time. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 193, 195, 197, and 204. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/23/2020) (ama) Modified on 10/23/2020 (ama). (Main Document 253 replaced on 10/23/2020) (ama).
October 19, 2020 Opinion or Order Filing 252 ORDER: WHEREAS a hearing on the parties' motions in limine is scheduled for Thursday, October 22, 2020, at 2:00 P.M.; IT IS HEREBY ORDERED that any interested members of the public may attend the hearing by dialing 1-917-933-2166 and using the conference ID 165517576. Counsel for the parties will be sent the link to access the Skype video conference by email. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/19/2020) (ama)
June 24, 2020 Opinion or Order Filing 243 MEMORANDUM OPINION AND ORDER: re: 240 MOTION for Reconsideration. re: 239 Endorsed Letter and for a Hearing Pursuant to FRE 201(e) filed by David A. Joffe, 226 SECOND LETTER MOTION for Leave to File Supplemental Motion in Limine Regarding Defendant's Newly-Designated Fact Witnesses addressed to Judge Valerie E. Caproni from David A. Joffe dated March 9, 2020. filed by David A. Joffe. For the foregoing reasons, Joffe's motion for reconsideration is denied. The Clerk of Cour t is respectfully directed to terminate the pending motions at docket entries 226 and 240. All interested parties are directed to proceed with the depositions of Moss and Fine via video conference no later than July 15, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/24/2020) (ama)
June 23, 2020 Opinion or Order Filing 242 ORDER with respect to 240 Motion for Reconsideration ; denying 241 Letter Motion to Stay. The motion to stay is DENIED. The Court anticipates ruling on the pending motion for reconsideration in short order. So Ordered. (Signed by Judge Valerie E. Caproni on 6/23/2020) (js)
May 20, 2020 Opinion or Order Filing 238 ORDER: IT IS HEREBY ORDERED that the remaining depositions must be completed by July 15, 2020. As stated at the conference, due to COVID-19, the jury trial currently scheduled for July 20, 2020, is adjourned pending further order. The parties are directed to file a joint status report by August 7, 2020, proposing possible trial dates in the fall. SO ORDERED., ( Deposition due by 7/15/2020.) (Signed by Judge Valerie E. Caproni on 5/20/2020) (ama)
March 17, 2020 Opinion or Order Filing 230 ORDER: IT IS HEREBY ORDERED that the jury trial currently scheduled for April 20, 2020, is adjourned to July 20, 2020, at 10:00 A.M. The final pretrial conference currently scheduled for April 7, 2020, is adjourned to June 18, 2020, at 2:30 P.M. I T IS FURTHER ORDERED that, given the lengthy adjournment of trial for reasons of public health, Plaintiff is given leave to depose Meredith Moss and David Fine, no later than May 15, 2020. SO ORDERED. (Deposition due by 5/15/2020. Final Pretrial Conference set for 6/18/2020 at 02:30 PM before Judge Valerie E. Caproni., Jury Trial set for 7/20/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/17/2020) (jca)
February 26, 2020 Opinion or Order Filing 221 ORDER: granting 220 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/26/2020) (ama)
January 31, 2020 Opinion or Order Filing 211 ORDER granting 208 Motion to Seal Document. In light of the foregoing and the parties' subsequent statements that there is in fact no dispute as to redactions (Ex. A), the request is GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/31/2020) (kv)
November 18, 2019 Opinion or Order Filing 190 ORDER: IT IS HEREBY ORDERED that Plaintiff must serve a revised version of the Kucsma Report on Defendant no later than December 6, 2019. The damages calculations in the revised Kucsma Report must not contain any fringe benefits. Failure to comply wi th this renewed direction will result in Kucsma's report and testimony being precluded in their entirety. IT IS FURTHER ORDERED that a jury trial shall begin on April 20, 2020, at 10:00 A.M. Any motions in limine must be filed on or before Janua ry 10, 2020; responses are due on or before January 24, 2020. A joint pretrial order, pre-marked exhibits, joint requests to charge, and proposed voir dire questions must be submitted on or before February 28, 2020. The parties must appear for a fina l pretrial conference on April 7, 2020, at 2:30 P.M. The parties are encouraged to come to a resolution as to the format of Plaintiff's direct examination. SO ORDERED., ( Motions due by 1/10/2020., Pretrial Order due by 2/28/2020., Responses due by 1/24/2020, Final Pretrial Conference set for 4/7/2020 at 02:30 PM before Judge Valerie E. Caproni., Jury Trial set for 4/20/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/18/2019) (ama)
September 25, 2019 Opinion or Order Filing 184 OPINION AND ORDER: re: 123 MOTION to Vacate 113 Memorandum & Opinion, and Objections to the Magistrate Judge's Order filed by David A. Joffe. For those reasons, Joffe's motion to vacate the Magistrate Judge's opinion and order is DENIED. The Clerk of Court is respectfully directed to terminate docket entry 123. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/25/2019) (ama)
September 24, 2019 Opinion or Order Filing 183 OPINION AND ORDER: re: 142 MOTION to Preclude, in Part, the Report and Testimony of Defendant's Rebuttal Vocational Expert filed by David A. Joffe, 148 MOTION to Preclude Defendant's Notice of Motion to Exclude the Testimony of Kristin Kucsma filed by King & Spalding LLP, 139 MOTION to Preclude the Report and Testimony of Defendant's Rebuttal Damages Expert filed by David A. Joffe, 174 LETTER MOTION for Leave to File Sur-Reply Papers, or, in the Alternative, to Strike Ne wly-Raised Matters in Defendant's Reply Papers addressed to Judge Valerie E. Caproni from David A. Joffe dated March 5, 2019. filed by David A. Joffe, 146 MOTION to Preclude Defendant's Notice of Motion to Exclude the Testimony of Gordon Kamisar filed by King & Spalding LLP, 136 MOTION to Preclude the Report and Testimony of Defendant's Legal Ethics Expert filed by David A. Joffe. K&S's motion to exclude the report and testimony of Plaintiff's expert, Gordon Kamisa r, is GRANTED as to his opinion on Plaintiff's chances of becoming counsel or partner at K&S and his opinion that K&S's actions are the sole cause of Plaintiff's prolonged inability to find comparable employment; the motion is otherwis e DENIED. K&S's motion to exclude the report and testimony of Plaintiff's expert, Kristin Kucsma, is GRANTED to the extent that Kucsma may not include in her opinion the value of fringe benefits, or the existence of a continuous range of da mages as set forth in her report; the motion is otherwise DENIED. Plaintiff must serve a revised Kucsma report on K&S not later than November 1, 2019. Plaintiff's motion to exclude the report and testimony of K&S's expert, Carolyn Sweeney, is GRANTED as to Addendum A of Sweeney's report and any related use of anecdotal proof to rebut Kamisar's opinion that Plaintiff's termination from K&S made him essentially unemployable at comparable firms in comparable positions; the motion is otherwise DENIED. Plaintiff's motion to exclude the report and testimony of K&S's expert, Thomas Hubbard is DENIED. Plaintiff's motion to exclude the report and testimony of K&S's expert, Bruce Green, is GRANTED. The par ties are directed to appear for a status conference on October 25, 2019, at 10:00 A.M. to set a trial schedule. No later than October 18, 2019, the parties must submit a joint letter setting forth their joint or respective positions on any outstandin g issues and providing three potential trial dates before May 1, 2020, that are mutually satisfactory. The Clerk of Court is respectfully directed to terminate the open motions at docket entries 136, 139, 142, 146, 148, and 174. SO ORDERED., ( Status Conference set for 10/25/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/24/2019) (ama)
October 2, 2018 Opinion or Order Filing 113 OPINION AND ORDER: For the foregoing reasons, the Court GRANTS that part of the motion of Javerbaum Wurgaft to affix a charging lien on any verdict, settlement, judgment or final order in this case. The Court defers ruling on the amount of the lien until the amount to be recovered by Plaintiff, if any, has been finally determined. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/2/2018) (kl)
June 8, 2018 Opinion or Order Filing 74 MEMORANDUM AND OPINION re: 34 MOTION for Summary Judgment filed by King & Spalding LLP: King & Spalding's motion for summary judgment is DENIED. The parties are directed to appear for a status conference with the Court at 10:00 a.m. o n August 10, 2018, so that a trial may be scheduled. The Clerk of the Court is respectfully directed to close the open motion at docket entry34. (Status Conference set for 8/10/2018 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/8/2018) (jwh)
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Defendant: King & Spalding LLP
Represented By: Joseph Baumgarten
Represented By: Pinchos Nisson Goldberg
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Plaintiff: David A. Joffe
Represented By: Andrew M Moskowitz
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