Irving H. Picard v. RAR Entrepreneurial Fund, Ltd.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn ee KX In re: BERNARD L. MADOFF INVESTMENT : SECURITIES LLC, : : 20-CV-1029 (JMF) Debtor. : : ORDER

IRVING H. PICARD, Trustee for the Liquidation of : Bernard L. Madoff Investment Securities LLC, and : Bernard L. Madoff, : Plaintiff, : -v- : RAR ENTREPRENEURIAL FUND, LTD., : Defendant. :

wn ee KX JESSE M. FURMAN, United States District Judge: Upon review of the submissions from the parties and Intervenor Securities Investor Protection Corporation (“SIPC”) and exercising the Court’s “broad discretion” in such matters, Morgan Art Found. Ltd. v. McKenzie, No. 18-CV-4438 (AT), 2019 WL 2725625, at *2 (S.D.N.Y. July 1, 2019) (internal quotation marks omitted), Plaintiff's and the SIPC’s motions to stay this case pending the Second Circuit’s decision in JABA Associates LP y. Picard (In re Bernard L. Madoff Investment Securities LLC), No. 21-872, are DENIED. All dates and deadlines remain in effect. Defendant’s letter references an intent to “make a formal motion to exclude [certain] experts’ testimony at the proper time.” ECF No. 55, at 3. Under Rule 3(1) of the Court’s Individual Rules and Practices in Civil Cases, “[u]nless the Court order otherwise, motions to exclude testimony of experts ... must be made by the deadline for dispositive motions and should not be treated as motions in limine.” Here, the parties proposed, ECF No. 5, and the Court adopted, ECF No. 7, a summary judgment motion briefing schedule without reference to any motions to exclude expert testimony. The parties shall promptly confer with one another, and, no later than May 25, 2021, file a joint letter addressing whether either or both parties should be permitted to make a motion to exclude expert testimony and, if so, proposing a briefing schedule. The Clerk of Court is directed to terminate ECF Nos. 50 and 54. SO ORDERED. Dated: May 21, 2021 New York, New York SSE M-FURMAN TInited States Tyistrict Tidsoe