UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ee ee ee ee x SHOLEM WEISNER and : ORDER DENYING SHMUEL NEMANOV, : PLAINTIFE’S MOTION TO □ VACATE OCTOBER 21-23, Plaintiff and Involuntary Plaintiff, . 4025 PROCEEDINGS BEFORE . : MAGISTRATE JUDGE -against- ———_—_—r

GOOGLE LLC, : 20 Civ. 2862 (AKH) (VF) Defendant. Prk a a ee ALVIN k. HELLERSTEIN, U.S.D.J.: Plaintiff Sholem Weisner moves, on an “emergency” basis, to vacate the proceedings scheduled for October 21-23, 2025 before U.S. Magistrate Judge Valerie Figueredo. Plaintiff cites the Federal Circuit’s decision denying Plaintiff's petition for mandamus as the basis for its motion, See ECF No, 433. Plaintiffs motion is an attempt to relitigate the same issue I addressed in my opinion and order on October 1, 2025. ECF No. 414. Nothing in the Federal Circuit’s decision undermines my prior opinion, I have read the case cited by the Federal Circuit, Beazer East, Inc. v. Mead Corp.,

, 439 (3d Cir. 2005). Beazer is distinguishable because it involved an equitable allocation proceeding, which the Third Circuit determined was not a pretrial matter under

(b)(1), while here the hearing relates to a summary judgment motion on certain of Google’s affirmative defenses. /d, at 438-440. Therefore, Beazer does not change the sufficiency of the basis for my referral to the magistrate judge. As I stated earlier,

(b)(1) allows me to refer the matter to a magistrate judge for a report and recommendation. Accordingly, Magistrate Judge Figueredo shall proceed as scheduled on October 21-23, 2025.

Thus, for the reasons stated in this and my October 1, 2025 opinion, Plaintiff's motion is DENIED. The Clerk of Court shall terminate ECF No. 435. SO ORDERED, Co Dated: October / “L205 CL ~ New York, New York ALVIN K. HELLERSTEIN United States District Judge