The Livery Round Table, Inc. et al v. New York City Taxi And Limousine Commission et al, No. 1:2018cv02349 - Document 41 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION & ORDER. Therefore, the parties should have the opportunity to present testimony at the scheduled hearing on any disputed issues of fact that have been raised in the motion for a preliminary injunction. Any evidence should be limited to witnesses who have already submitted declarations to the Court in support of or in opposition to the application for a preliminary injunction. It would be unfair for either party to rely on new witnesses whom the other side has not had a n opportunity to rebut in the papers already submitted. Moreover, the plaintiffs first submitted their request for testimony on April 11, 2018, two business days prior to the date for the hearing. That is insufficient notice for the defendants to gather responsive testimony to witness testimony that the plaintiffs have not even detailed at this point. Therefore, either side will have an opportunity to introduce testimony at the hearing scheduled for April 16. However, any witness who will provide testimony at the hearing must be made available for a deposition on April 13, 14, or 15; and as further set forth herein. SO ORDERED. (Signed by Judge John G. Koeltl on 4/12/2018) (anc)