UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/1/202 1 -------------------------------------------------------------- X RODGER JENKINS and GREGORY JONES : : Plaintiffs, : : -against- : 19-CV-1774 (VEC) : : ORDER XPRESSPA GROUP, INC., : : Defendant. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS the parties are tentatively scheduled to appear before the Court for a bench trial in May 2021; WHEREAS as of March 17, 2021, the parties’ motions in limine are fully briefed; and WHEREAS on March 22, 2021, the parties jointly notified the Court that its decision on one of Defendant’s motions in limine may help facilitate a settlement in advance of trial, Dkt. 142 IT IS HEREBY ORDERED that oral argument on the parties’ motions in limine is scheduled for April 9, 2021, at 2:30 p.m. Oral argument will be conducted via Zoom video conference. Chambers will email the parties with further information on how to access the video conference and will post a subsequent order providing a public dial-in. IT IS FURTHER ORDERED that the parties must be prepared to discuss why their arguments, including those invoking judicial estoppel, are appropriate for disposition on a motion in limine. See, e.g., Audio Technica U.S., Inc. v. United States,

(6th Cir. 2020) (“[I]t was improper for the district court to consider judicial estoppel within the context of a motion in limine. Rather than addressing the admissibility of certain pieces or types of evidence, [plaintiffs] motion asked the court to bar the jury from hearing one side’s argument, essentially granting them judgment as a matter of law on that point. Such non- evidentiary legal issues must be decided in the context of a motion for summary judgment . . .

SO ORDERED. . ~

Date: April 1, 2021 VALERIE CAPRON New York, New York United States District Judge