Garcia v. 1239 Food Corp.

District Court, S.D. New York

Garcia v. 1239 Food Corp.

Trial Court Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: monn nrc nanan KK DATE FILED:_ 1/17/2024 MARGARY PAULINO GARCIA, : Plaintiff, : : 22-cv-1009 (LJL) -v- : : ORDER 1239 FOOD CORP., d/b/a KEY FOOD, : Defendant. : wee KX LEWIS J. LIMAN, United States District Judge: Plaintiff's motion to exclude Defendant’s Exhibit 7 is GRANTED. Plaintiff moved to exclude that exhibit on January 15, 2024. Dkt. No. 30. The Court ordered Defendant to file its response to that motion by 2:00 P.M. the following day. Dkt. No. 31. However, Defendant failed to do so. At Defendant’s request, the Court permitted Defendant to submit a copy of Exhibit 7 to the Court by 7:00 P.M. on January 17, 2024 if Defendant intended to introduce the exhibit at trial. Once again, Defendant failed to comply with the Court-ordered deadline. In light of Defendant’s repeated disregard for the Court’s deadlines, the Court deems Plaintiff's motion to exclude Exhibit 7 unopposed. See Workman v. Namaste Techs., Inc.,

2019 WL 280948

, at *1 (S.D.N.Y. Jan. 22, 2019); VSLP Krishtul v. VSLP United, LLC,

2014 WL 940941

, at *2 (E.D.N.Y. Mar. 11, 2014), aff'd,

648 F. App’x 81

(2d Cir. 2016). The Court therefore grants Plaintiff's motion and excludes Defendant’s Exhibit 7 from trial. SO ORDERED. we Dated: January 17, 2024 we HOC an New York, New York LEWIS J. LIMAN United States District Judge

Reference

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