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P.I.: Other | New York Southern
Order
ORDER terminating 233 Motion for Conference ; terminating 235 Motion to Consolidate Cases. On May 1, 2026, the Court ordered parties to inform the Court whether any party wishes to bifurcate the trial and whether the parties have agreed to meet with Magistrate Judge Lehrburger for further settlement discussions. See Dkt. No. 231. The Court is in receipt of the parties' filings on these issues. See Dkt. Nos. 232-235. Having reviewed the submissions, the Court declines to bifur cate the trial at this time. However, any party may renew a request for bifurcation with the filing of the Joint Pretrial Order, currently due on October 6, 2026. Any responses are due on October 20, 2026. As discussed at the May 1 Conference, t he Court generally does not order parties to attend settlement or mediation conferences unless all parties consent; however, the referral to Judge Lehrburger for settlement remains active and counsel are free to contact Judge Lehrburger at any tim e to schedule a further session should all parties consent. In addition, if it would be useful for only the two Defendants to have a settlement conference to attempt to resolve the issues between them without Plaintiffs' participation, at least initially, that can also be arranged. The Clerk of the Court is respectfully directed to terminate Dkt. Nos. 233 and 235. SO ORDERED. (Signed by Judge Margaret M. Garnett on 6/3/2026) (mml)
Consolidate Cases
LETTER MOTION to Consolidate Cases 1:21=cv=05315-MMG-rwl in response to Plaintiff's letter to Bifurcate addressed to Judge Margaret M. Garnett from Danielle Hoffmann, Esq. dated May 29, 2026. Document filed by Tully-Posillico JV (JV) i/s/h/a Tully Construction Co. Inc. and Posillico Civil, Inc...(Capobianco, Steven)
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