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Order | Filed: May 03, 2024 | Entered: May 03, 2024 Brown et al v. J&W Grading, Inc. et al
Labor: Fair Standards | Puerto Rico
Order
ORDER. Federal Rule of Civil Procedure Rule 43(a) provides that "[a]t trial, the witnesses' testimony must be taken in open court unless a federal statute, the Federal Rules of Evidence, these rules, or other rules adopted by the Supreme Court provide otherwise. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location." Fed. R. Civ. P. 43(a) (emphasis added). Typically, "compelling circumstances" are an unexpected accident or illness, and not the burden on the witness's ordinary life." United States Sec. & Exch. Comm'n v. Collector's Coffee, Inc., No. 19 CIV. 4355(VM), 2023 WL 8433691, at *1 (S.D.N.Y. Dec. 5, 2023); see also Radosti v. Hudson's Bay Co., No. 18-CV-12266 (VSB), 2022 WL 2119299, at *2 (S.D.N.Y. May 4, 2022) (quoting Sawant v. Ramsey, No. 07-cv-980, 2012 WL 1605450, at *3 (D. Conn. May 8, 2012)) (Serious health conditions inhibiting a witness's ability to travel constitute good cause and compelling circumstance to permit live testimony in open court via video conference."). Moreover, the Federal Rules of Civil Procedure Advisory Committee has stated that, "[t]he opportunity to judge the demeanor of a witness face-to-face is accorded great value in our tradition. Transmission cannot be justified merely by showing that it is inconvenient for the witness to attend the trial." Fed. R. Civ. P. 43(a) advisory committee's note to 1996 amendment. Thus, except for good cause in compelling circumstances, all proceedings in this case shall henceforth be held in the Old San Juan Courthouse in person and the Court will not allow any party or counsel to participate via VTC. Signed by Judge Gina R. Mendez-Miro on 5/1/2024.(GMN)
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Order | Filed: May 03, 2024 | Entered: May 03, 2024 Brown et al v. J&W Grading, Inc. et al
Labor: Fair Standards | Puerto Rico
Order to Show Cause
ORDER TO SHOW CAUSE. The Court notes that the Parties' filings suggest that Cloud IQ has filed for bankruptcy. See e.g., Docket No. 473. Yet, the Court never granted Cloud IQ a stay in this case because of any supposed bankruptcy proceedings. Consequently, on or before May 20, 2024, Cloud IQ shall inform the Court as to whether Cloud IQ has indeed undergone bankruptcy proceedings and if so, express their position as to the effect of that case on these proceedings. On or before May 20, 2024, Cloud IQ shall also show cause as to why the Court should not impose sanctions, including entering default against it for failure to appear at the Court's settlement conference with the Parties held on April 29, 2024. Show Cause Response due by 5/20/2024. Signed by Judge Gina R. Mendez-Miro on 5/1/2024.(GMN)
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Minutes | Filed: April 29, 2024 | Entered: May 03, 2024 Brown et al v. J&W Grading, Inc. et al
Labor: Fair Standards | Puerto Rico
Settlement Conference ~Util - Set Deadlines/Hearings
Minute Entry for proceedings held before Judge Gina R. Mendez-Miro: Settlement Conference held on 4/29/2024. Briefs due by May 13, 2024. Updated JOINT Pretrial Memorandum due by July 26, 2024. All motions in limine due by July23, 2024. Proposed voir dire questions, and Preliminary and Final Jury Instructions, Exhibits and Exhibits Lists due by August 2, 2024. Proposed verdict forms due by August 6, 2024. Pretrial Conference for the liability proceedings set for August 2, 2024 at 9:00 a.m. in Old San Juan Courthouse. Jury Trial is set for August 13, 2024 at 9:00 a.m. in Old San Juan Courthouse. (Court Reporter Joe Reynosa.)(Hearing held in OSJ Courtroom 5.) (om)
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