336 LLC v. City of New York et al
| 336 LLC, 557 Entertainment Inc., DCD Exclusive Video Inc., Chelsea 7 Corp., Video Lovers Inc., Jaysara Video, Inc., 725 Video Outlet Inc., Vishara Video, Inc., Gotham Video Sales & Distribution Inc., Vishans Video, Inc., Rainbow Station 7 Inc. and Explore DVD LLC |
| City of New York, Bill De Blasio and Rick D. Chandler |
| 1:2018cv03732 |
| April 27, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H. Pauley |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
212
ORDER denying as moot 171 Motion for Summary Judgment; denying as moot 173 Motion for Partial Summary Judgment; denying as moot 177 Motion for Summary Judgment. In light of the Court's decision on February 9, 2024, all motions for s ummary judgment by all parties are denied as moot. The Clerk of Court is respectfully directed to close to following docket numbers: In action 02-cv-4431, Dkt. Nos. 219, 221, and 223. In action 02-cv-4432, Dkt. Nos. 177, 179, and 181. In action 02-cv-8333, Dkt. Nos. 196, 198, and 200. In action 18-cv-3732, Dkt. No. 171, 173, and 177. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/12/2024) (vfr) (Main Document 212 replaced on 2/12/2024) (vfr).
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Filing
197
MEMORANDUM AND ORDER denying 191 Motion in Limine. Defendants' motion in limine is denied. The Court cannot say at this point that the evidence proffered by Plaintiffs is clearly inadmissible. Equally importantly, receipt of the proffered evi dence will not lead to undue delay or the unnecessary expenditure of judicial resources on the part of the Court, or undue expense for the Defendants. At issue are only a few paragraphs of declarations and affidavits, and six of dozens of exhibits. T he facts, for the most part, are not disputed and any cross-examinations are not expected to be lengthy. The issues raised by the Defendants are primarily legal ones and not factual ones. Receipt of the evidence will help give the Court a complete pi cture of the effect of the 2001 Amendments. Exclusion of the evidence could only generate an unnecessary issue on what may be the inevitable appeal of a decision in this case, regardless of the results reached by the Court. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/23/2023) (tg)
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Filing
157
ORDER denying without prejudice to renewal by formal motion 128 Motion for Partial Summary Judgment; denying without prejudice to renewal by formal motion 134 Motion for Summary Judgment; terminating 144 Letter Motion for Extension of Time t o File ; denying without prejudice to renewal by formal motion 152 Motion for Summary Judgment; terminating 155 Letter Motion for Extension of Time. The motions for summary judgment are DENIED WITHOUT PREJUDICE TO RENEWAL on the schedule propos ed by the parties, which shall serve as the schedule for renewed motions for summary judgment. For the sake of clarity, the parties are directed to adhere to the dates set forth below: May 19, 2023: Filing of Consolidated Statement of Stipulated Fact s. May 26, 2023: Re-filing of motions and cross-motions for summary judgment and previously filed memoranda of law. June 9, 2023: Plaintiffs' reply on their motions for partial summary judgment, Defendants' reply on their motions for summar y judgment, and Defendants' opposition to Plaintiffs' cross-motions for summary judgment. July 9, 2023: Plaintiffs' reply on their cross-motions for summary judgment. In addition, a bench trial of this case is scheduled to commence on October 16, 2023. The trial will proceed with direct testimony of any party witnesses and experts to be called by a party by declaration and based on the parties' Consolidated Statement of Stipulated Facts. The declarations shall be submitted wi th the Consolidated Statement of Stipulated Facts on May 19, 2023. Cross-examination and redirect examination on the declarations shall proceed at trial. In addition, the parties shall submit a joint pretrial order on October 2, 2023, consistent with the Court's Individual Practices. Among other things, the joint pretrial order will list the witnesses (including non-party witnesses who will testify live) and the exhibits to be presented at trial. A final pretrial conference will be held in Courtroom 15C on October 13, 2023, at 11:00 a.m. This case has been pending since June 12, 2002, when the complaints in Case Numbers 02 Civ. 4431 and 02 Civ. 4432 were filed. Case Number 02 Civ. 8333 was initiated on October 7, 2002. All three cases were consolidated as related. Although, by Order dated September 26, 2023, Judge Pauley administratively closed these cases while parallel New York State court litigation proceeded, see Dkt. No. 43, the cases were reopened over five years ago, on Apr il 23, 2018. Dkt. No. 51. Case Number 18 Civ. 3732 was initiated by a complaint that was accepted for filing on April 30, 2018, and accepted as related on May 4, 2018. On September 30, 2019, Judge Pauley entered a preliminary injunction in this case, which remains in effect. Dkt. No. 120. Prior to that, Defendant City of New York agreed not to enforce the challenged ordinance while state and federal litigation was pending and thus the challenged ordinance has gone unenforced since 2002. See Dkt. No. 63 at 4-5, 8. The parties have made numerous requests for extensions on the motions for summary judgment, albeit to facilitate review by the Court. Those requests culminated most recently with the instant request to file a new supplemental state ment of facts, demonstrating that the instant motions for summary judgment were not ripe when filed and that renewed motions are necessary. The time has come for this case to come to a conclusion and for the Court to finally determine whether Defenda nt City of New York can enforce an ordinance that it passed over twenty years ago. The Court intends for the presentation of all evidence to be concluded within this calendar year so that the Court can render a decision either in 2023 or shortly ther eafter. The Clerk of Court is respectfully directed to close Dkt. Nos. 169, 173, 198, 202 in Case Number 02 Civ. 4431; Dkt. Nos. 132, 136, 142, 156, 160 in Case Number 02 Civ. 04432; Dkt. Nos. 154, 158, 176, 177, 182 in Case Number 02 Civ. 8333; and Dkt. Nos. 128, 134, 144, 152, 155 in Case Number 18 Civ. 3732. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/2/2023) (tg)
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Filing
104
ORDER: granting 103 Letter Motion to Adjourn Conference. Application granted. The parties shall submit their joint status report by September 1, 2021. The telephonic status conference is adjourned to September 13, 2021 at 2:30 p.m. The dial- in number is (888) 363-4749 and the access code is 3070580. SO ORDERED. Telephone Conference set for 9/13/2021 at 02:30 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/14/2021) (ama)
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Filing
92
ORDER granting 91 Letter Motion for Extension of Time to File: Application granted. The status conference is adjourned to September 24, 2020 at 10:30 a.m. The parties shall submit their joint status report by September 17, 2020. (Signed by Judge William H. Pauley, III on 4/21/2020) (jwh)
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Filing
90
ORDER granting 89 Letter Motion to Adjourn Conference: Application granted. The status conference is adjourned to May 14, 2020 at 11:00 a.m. The parties shall submit their joint status report by May 4, 2020. (Status Conference set for 5/14/2020 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/11/2020) (jwh)
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Filing
74
ORDER granting 73 Letter Motion for Extension of Time to File. Application granted. The parties shall submit their joint status report by January 15, 2020. So Ordered. (Signed by Judge William H. Pauley, III on 11/26/19) (yv)
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