Gold Medal Produce, Inc. v. Duong

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

GOLD MEDAL PRODUCE, INC., Plaintiff, 19 Civ. 4043 (LGS) -against- ORDER HUNG DUONG, et al., Defendants.

LORNA G. SCHOFIELD, District Judge: WHEREAS, per the Amended Case Management Plan, the case is not to be tried to a jury (Dkt. No. 40); WHEREAS, by Order at Dkt. No. 44, the parties were directed to engage in good faith settlement discussions before any motion for summary judgment. Defendants were amenable to a referral to the Court-annexed mediation program, and Plaintiff did not believe any additional settlement discussions would be productive (Dkt. No. 45); WHEREAS, following a case management conference, Plaintiff filed its motion for summary judgment (Dkt. No. 50). It is hereby ORDERED that by November 2, 2020, the parties shall file a letter informing the Court whether they will stipulate to a summary bench trial on the summary judgment record pursuant to Federal Rule of Civil Procedure 52(a), and if so, attaching such stipulation. See Acuff-Rose Music, Inc. v. Jostens, Inc., 155 F.3d 140, 142-43 (2d Cir. 1998) (holding that a district court may decide a case by summary bench trial upon stipulation of the parties). The parties shall also inform the Court whether they are amenable to any referral for a settlement conference before the Magistrate Judge or in the Southern District of New York’s mediation program. Dated: October 30, 2020 New York, New York /