Garcia v. 1239 Food Corp.

• Court: District Court, S.D. New York
• Decided: January 17, 2024
• Docket: 1:22-cv-01009
• Status: Unknown

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: monn nrc nanan KK DATE FILED:_ 1/17/2024 MARGARY PAULINO GARCIA, : Plaintiff, : : 22-cv-1009 (LJL) -v- : : ORDER 1239 FOOD CORP., d/b/a KEY FOOD, : Defendant. : wee KX LEWIS J. LIMAN, United States District Judge: Plaintiff's motion to exclude Defendant’s Exhibit 7 is GRANTED. Plaintiff moved to exclude that exhibit on January 15, 2024. Dkt. No. 30. The Court ordered Defendant to file its response to that motion by 2:00 P.M. the following day. Dkt. No. 31. However, Defendant failed to do so. At Defendant’s request, the Court permitted Defendant to submit a copy of Exhibit 7 to the Court by 7:00 P.M. on January 17, 2024 if Defendant intended to introduce the exhibit at trial. Once again, Defendant failed to comply with the Court-ordered deadline. In light of Defendant’s repeated disregard for the Court’s deadlines, the Court deems Plaintiff's motion to exclude Exhibit 7 unopposed. See Workman v. Namaste Techs., Inc., 2019 WL 280948, at *1 (S.D.N.Y. Jan. 22, 2019); VSLP Krishtul v. VSLP United, LLC, 2014 WL 940941, at *2 (E.D.N.Y. Mar. 11, 2014), aff'd, 648 F. App’x 81 (2d Cir. 2016). The Court therefore grants Plaintiff's motion and excludes Defendant’s Exhibit 7 from trial. SO ORDERED. we Dated: January 17, 2024 we HOC an New York, New York LEWIS J. LIMAN United States District Judge