Mejia Mendez et al v. Sweet Sam's Baking Company LLC et al, No. 1:2018cv09910 - Document 78 (S.D.N.Y. 2019)

Court Description: MEMORANDUM OPINION AND ORDER re: 72 MOTION to Preclude Evidence and Testimony. MOTION to Disqualify Counsel . filed by Johanny Demoya, Kelvin Mejia Mendez, Andres Perez. The parties shall appear on January 10, 2020, at 10 :15 a.m. in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY, for oral argument on their cross-motions to disqualify and preclude. At oral argument, counsel should be prepared to address, in addition to the arguments and issues addressed in their memoranda of law, whether Mr. Androphy's testimony and email even if relevant to Mr. Perez's credibility are inadmissible under Rule 608(b) of the Federal Rules of Evidence as extrinsic evidenc e of specific conduct. See, e.g., Lewis v. Baker, 526 F.2d 470, 475 (2d Cir. 1975) ("The relevancy of testimony which aids in the jury's determination of a party's credibility and veracity has been repeatedly affirmed. Although an oppo nent is not permitted to adduce extrinsic evidence that a party lied on a previous occasion, he may nonetheless ask questions to that end." (citations and internal quotation marks omitted)). SO ORDERED. (Oral Argument set for 1/10/2020 at 10:15 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/26/2019) (kv)