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Cocca v. State

United States District Court, N.D. New York

June 28, 2018

ARTHUR COCCA, Plaintiff,
v.
THE STATE OF NEW YORK et al., Defendants.

          FOR PLAINTIFF: Beldock, Levine & Hoffman

          FOR DEFENDANTS: HON. BARBARA UNDERWOOD

          DAVID B. RANKIN, ESQ., MICHAEL L. SPIEGEL, ESQ.

          HELENA LYNCH WILLIAM A. SCOTT Assistant Attorneys General

          AMENDED TRIAL ORDER

          GARY L. SHARPE, SENIOR DISTRICT JUDGE

         All relevant Uniform Pretrial Scheduling Order deadlines having expired in the above captioned case and it is hereby designated “trial ready.” This case has been designated as a backup trial to 9:15-cv-392 Payne v. Coburn trial to commence on Monday, August 13, 2018 at 9:30 a.m. If the case 9:15-cv-392 Payne v. Coburn et al. shall be removed from the trial calendar, this case will proceed in its place. If the jury trial in the case of 9:15-cv-392 Payne v. Coburn et al. shall proceed as scheduled, the parties will be advised of the new trial date.

         All parties shall be prepared to proceed according to the schedule recited in this order and attachments unless on or before July 19, 2018, all parties in a specific action file a Consent to the Exercise of Jurisdiction by a Magistrate Judge. See General Order 25, 28 U.S.C. § 636(c), L.R. 72.2(b), and Attachment. In the latter event, the court will issue an Order of Reference, the case will be removed from the trial ready list, and it will be referred to a United States Magistrate Judge for all further proceedings, including the scheduling of pretrial submissions and trial.

         The parties are further advised that should a case be removed from the trial ready list because of settlement or some other factor, on or after Thursday, August 9, 2018, at 3:00 p.m., the court may impose sanctions pursuant to L.R. 47.3.

         PRETRIAL SUBMISSIONS[1]

         The pretrial submissions required by Attachment 1 shall be filed on or before 4:00 p.m. on July 23, 2018 (approximately two weeks before the final pretrial conference), or earlier in accordance with the generic schedule recited in Attachment 1, as supplemented by the specific dates set forth below:

         1. On or before 4:00 p.m. on July 23, 2018 (approximately two weeks before the final pretrial conference), the parties shall file:

(a) Joint Pretrial Stipulation (See Attachment 1, ¶ 1);
(b) Court Ordered Voire Dire (See Attachment 1, ¶ 2, and Attachment 2);
(c) Proposed Voire Dire (See Attachment 1, ¶ 3);
(d) Witness List (See Attachment 1, ¶ 4);
(e) Exhibit List (See Attachment 1, ¶ 5(4));
(f) Trial Brief (See Attachment 1, ¶ 6);
(g) Requests to Charge and Proposed Special Verdict Form (See Attachment 1, ¶ 7);
(h) Motions In Limine (See Attachment 1, ¶ 8); and,
(I) Depositions (See Attachment 1, ¶ 9);

         2. On or before 4:00 p.m. on July 30, 2018 (approximately one week before the final pretrial conference date), the parties shall file:

(a) Responses to Motions In Limine (See Attachment 1, ¶ 8); and,

         3. On or before August 13, 2018 (trial date), the parties shall file:

(a) Exhibit Copies (See Attachment 1, ¶ 5(1)).

         Final Pretrial Conference

         The attorneys for all parties in this action shall appear at this court's chambers, 445 Broadway, Albany, New York, Fourth Floor, for a final pretrial conference on Monday, August 6, 2018 at 11:00 a.m.

         Jury Selection and Trial

         The attorneys and parties shall appear at Courtroom No. 1, 445 Broadway, Albany, New York, Fourth Floor, for the commencement jury selection and trial on Monday, August 1

         SO ...


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