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Derek Demeo v. Joshua Kean; M.K. Reyner; Dorian Tucker; Phlip 'n Spill

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 5, 2012

DEREK DEMEO, PLAINTIFF,
v.
JOSHUA KEAN; M.K. REYNER; DORIAN TUCKER; PHLIP 'N SPILL, INC., INDIVIDUALLY AND DOING BUSINESS AS THE BAYOU CAFE, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

On December 12, 2011, defendant Phlip 'N Spill, Inc. ("Phlip 'N Spill") filed a notice of appeal with respect to the final judgment and the November 15, 2011, Memorandum--Decision and Order ("Order") denying its post-trial motions. On December 22, 2011, plaintiff Derek DeMeo filed a notice of cross-appeal with respect to the Order. Thereafter, Phlip 'N Spill requested an official transcript of the trial testimony of Ralph Spillenger on September 13, 2011, as well as the oral ruling regarding the parties' objections to the final jury instructions on September 20, 2011. Plaintiff now seeks an order directing Phlip 'N Spill to order, and pay for, an official transcript of the entire six-day trial. Phlip 'N Spill opposes this motion.

Plaintiff's motion must be filed with the Second Circuit pursuant to Federal Rule of Appellate Procedure 27. Therefore, it is ORDERED that plaintiff's motion (Dkt. No. 188) is DENIED without prejudice.

IT IS SO ORDERED.

20120305

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