D.R. v. Santos Bakery, Inc.

S.D. New York

D.R. v. Santos Bakery, Inc.

DecidedMay 16, 2023

Docket1:20-cv-03628

StatusUnknown

This text of D.R. v. Santos Bakery, Inc. (D.R. v. Santos Bakery, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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D.R. v. Santos Bakery, Inc., (S.D.N.Y. 2023).

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USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: IK DATE FILED:_5/16/2023 D.R. an infant by her Mother and Natural, Guardian, TOWANA RODRIGUEZ and TOWANA RODRIGUEZ, Individually, Plaintiffs, 20-CV-3628 (KHP) -against- ORDER SANTOS BAKERY, INC. and WILSON VILLATENMAZA, Defendants. +--+ ----X KATHARINE H. PARKER, United States Magistrate Judge: As discussed at the May 15, 2023 pre-trial conference: The Court, in its discretion, generally precludes counsel from offering to the jury a specific dollar amount for pain and suffering, as is typical in this Circuit. See Consorti v. Armstrong World Industries, Inc., 72 F.3d 1003, 1016 (2d Cir. 1995), vacated on other grounds, 518 U.S. 1031 (1996). Any motion by Plaintiffs for permission to offer the jury a specific dollar amount for pain and suffering shall be filed by Friday, May 19, 2023. The deadline for Defendants to oppose such a motion is Friday, May 26, 2023. No reply will be permitted. The briefs shall each be limited to 8 double-spaced pages in length. By Friday, May 26, 2023, the parties shall file a joint letter that provides the following information:

e Whether the parties agree to a stipulation that the bakery owner is vicariously liable for any damages, as well as proposed language regarding liability of the owner for the Court to include in its pre-trial instructions to the jury.

e Whether the parties agree to redactions for the police report and medical records, and if not, what the remaining disputes are. If the parties do not agree on redactions, they shall include copies of the exhibits with the disputed language highlighted. e Whether there remain any disputes regarding admission of Plaintiff D.R.’s school records. If there are disputes regarding the records, the letter shall state what information is in dispute and each side’s position as to admissibility. e Whether the parties object to any of the Court’s proposed voir dire questions (other than question 17, which was already discussed at the conference and is being revised to reflect that it applies to all parties, corporate and individual). e Whether any party objects to the Court’s permitting the jury to ask questions of the witnesses as described at the conference.

e Whether the parties agree on a verdict form. If the parties are able to agree ona verdict form, they shall submit the joint proposed form to the Court. If there remain disputes as to the verdict form, the parties shall describe the disputes in their letter.

SO ORDERED.

DATED: New York, New York kA gue ttf Anker May 16, 2023 KATHARINE H. PARKER United States Magistrate Judge

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USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: IK DATE FILED:_5/16/2023 D.R. an infant by her Mother and Natural, Guardian, TOWANA RODRIGUEZ and TOWANA RODRIGUEZ, Individually, Plaintiffs, 20-CV-3628 (KHP) -against- ORDER SANTOS BAKERY, INC. and WILSON VILLATENMAZA, Defendants. +--+ ----X KATHARINE H. PARKER, United States Magistrate Judge: As discussed at the May 15, 2023 pre-trial conference: The Court, in its discretion, generally precludes counsel from offering to the jury a specific dollar amount for pain and suffering, as is typical in this Circuit. See Consorti v. Armstrong World Industries, Inc., 72 F.3d 1003, 1016 (2d Cir. 1995), vacated on other grounds, 518 U.S. 1031 (1996). Any motion by Plaintiffs for permission to offer the jury a specific dollar amount for pain and suffering shall be filed by Friday, May 19, 2023. The deadline for Defendants to oppose such a motion is Friday, May 26, 2023. No reply will be permitted. The briefs shall each be limited to 8 double-spaced pages in length. By Friday, May 26, 2023, the parties shall file a joint letter that provides the following information:

e Whether the parties agree to a stipulation that the bakery owner is vicariously liable for any damages, as well as proposed language regarding liability of the owner for the Court to include in its pre-trial instructions to the jury.

e Whether the parties agree to redactions for the police report and medical records, and if not, what the remaining disputes are. If the parties do not agree on redactions, they shall include copies of the exhibits with the disputed language highlighted. e Whether there remain any disputes regarding admission of Plaintiff D.R.’s school records. If there are disputes regarding the records, the letter shall state what information is in dispute and each side’s position as to admissibility. e Whether the parties object to any of the Court’s proposed voir dire questions (other than question 17, which was already discussed at the conference and is being revised to reflect that it applies to all parties, corporate and individual). e Whether any party objects to the Court’s permitting the jury to ask questions of the witnesses as described at the conference.

e Whether the parties agree on a verdict form. If the parties are able to agree ona verdict form, they shall submit the joint proposed form to the Court. If there remain disputes as to the verdict form, the parties shall describe the disputes in their letter.

SO ORDERED.

DATED: New York, New York kA gue ttf Anker May 16, 2023 KATHARINE H. PARKER United States Magistrate Judge

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D.R. v. Santos Bakery, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/dr-v-santos-bakery-inc-nysd-2023.

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