United States District Court, S.D. New York
February 14, 2005.
LATINO OFFICERS ASSOCIATION, INC., et al., Plaintiffs,
THE CITY OF NEW YORK, et al. Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
As evidenced by the parties letters of the 10th and 11th of this
month, their inability to work out a proper joint pretrial order
continues, partly in consequence of substantial disagreement about the
proper scope of the plaintiffs' evidence and partly in consequence of some
degree of unwillingness of plaintiffs to be specific about the case they
propose to present.
To the extent that this failure is attributable to a substantive
disagreement, the Court agrees with defendants that the best remedy may
well be motion practice for in limine rulings concerning the
admissibility and appropriate use of proposed statistical, expert and
anecdotal evidence. Accordingly, defendants shall file any such motions
on or before March 4, 2005. Plaintiffs shall file a single, consolidated
opposition no later than March 16, 2005. Any reply shall be filed no later
than March 23, 2005.
The Court trusts that the parties will continue their efforts to
resolve the outstanding problems notwithstanding the anticipated motion
practice. The parties are advised also that the Court will consider
imposing time limitations on the trial if that proves necessary. See,
e.g., Evans Port Authority of New York and New Jersey, 246 F.Supp.2d 343
(S.D.N.Y. 2003); Wantanabe Realty Corp. v. City of New York, No. 01 Civ.
10137 (LAK), 2004 WL 2112566, at *2 (S.D.N.Y. Sept. 23, 2004).
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