Wimbledon Financing Master Fund LTD. v. Bienert Miller & Katzman, PLC et al, No. 1:2018cv08004 - Document 109 (S.D.N.Y. 2022)

Court Description: ORDER: Based on the parties' joint letter and the initial round of briefing, it appears that plaintiff is the sole party that intends to move for summary judgment as to this element. Accordingly, the Court directs that plaintiff file an openi ng brief of up to 25 pages by November 16, 2022; defendants file an opposition of up to 25 pages by December 9, 2022; and plaintiff file a reply of up to 15 pages by December 23, 2022. For avoidance of doubt, the parties are to limit their briefing t o the causation element; the Court does not authorize briefing on any other subject or reconsideration of any determination in the Opinion & Order other than as to the causation element. The Court expects that the parties will draw upon their existin g Joint Statement of Facts ("JSF"), Dkt. 66, and does not perceive a basis to ask the parties to augment the existing JSF. Upon receipt of the additional briefing, the Court will determine whether summary judgment can properly be entered, or whether the case must instead proceed to trial. In the meantime, the Court continues to encourage counsel to pursue an amicable resolution of this matter. SO ORDERED. ( Motions due by 11/16/2022., Responses due by 12/9/2022, Replies due by 12/23/2022.) (Signed by Judge Paul A. Engelmayer on 10/25/2022) (vfr)