Kayo v. Mertz et al, No. 1:2019cv00365 - Document 90 (S.D.N.Y. 2021)

Court Description: ORDER: On March 31, 2021, the Court granted in part and denied in part defendants' motion for summary judgment, and denied plaintiff's motion for partial summary judgment. Dkt. 89. In that opinion and order,the Court ordered that, i f plaintiff maintained that he had any live state law claims, plaintiff was to file a letter within three business days so stating and explaining the basis for so contending. See id.at 2 n.1. The Court has not received a letter from plaintiff in dicating that he understands there to be live state-law claims. Accordingly, this case is now ready to proceed to trial. The Court directs parties to confer promptly and, within three weeks of this order, to submit a joint pretrial order that complies with the Court's Individual Rules, found at https://nysd.uscourts.gov/hon paul-engelmayer. Motions in limine, if any, are due on the same date as the joint pretrial order; opposition briefs are due one week later. The parties are a lso directed to file, with the joint pretrial order, proposed special interrogatories to be put to the jury regarding the applicability of qualified immunity to the remaining claims. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/14/2021) (va)

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Kayo v. Mertz et al Doc. 90 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HUGO KAYO, -v- Plaintiff, 19 Civ. 365 (PAE) ORDER PETER MERTZ, et al., Defendants. PAUL A. ENGELMAYER, District Judge: On March 31, 2021, the Court granted in part and denied in part defendants’ motion for summary judgment, and denied plaintiff’s motion for partial summary judgment. Dkt. 89. In that opinion and order, the Court ordered that, if plaintiff maintained that he had any live statelaw claims, plaintiff was to file a letter within three business days so stating and explaining the basis for so contending. See id. at 2 n.1. The Court has not received a letter from plaintiff indicating that he understands there to be live state-law claims. Accordingly, this case is now ready to proceed to trial. The Court directs parties to confer promptly and, within three weeks of this order, to submit a joint pretrial order that complies with the Court’s Individual Rules, found at https://nysd.uscourts.gov/honpaul-engelmayer. Motions in limine, if any, are due on the same date as the joint pretrial order; opposition briefs are due one week later. The parties are also directed to file, with the joint pretrial order, proposed special interrogatories to be put to the jury regarding the applicability of qualified immunity to the remaining claims. Dockets.Justia.com SO ORDERED. ______________________________ PAUL A. ENGELMAYER United States District Judge Dated: April 14, 2021 New York, New York 2

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