Frommer v. MoneyLion Technologies Inc.

Nature of the Order

This was a pretrial scheduling order. It did not decide the parties’ underlying claims or defenses.

Discovery

Fact discovery was closed, except for the outstanding deposition of Hillview Medical Inc. The court required that deposition to occur no later than September 13, 2024.

Pretrial Filings Due December 20, 2024

The parties were ordered to file:

- A joint pretrial order containing the information required by the court’s individual rules. - Proposed findings of fact and conclusions of law. The proposed findings had to be detailed and cite the trial testimony and exhibits the parties intended to offer. The proposed legal conclusions had to include all law the parties wished to submit to the court. - Any motions in limine, which are requests to limit or exclude evidence at trial. - Any motions to exclude expert testimony under Rules 702 through 705 of the Federal Rules of Evidence and the cases applying Daubert v. Merrell Dow Pharmaceuticals, Inc.

The parties also had to serve, but not file, direct-testimony affidavits for trial witnesses, subject to specified exceptions. The affidavits had to comply with the rules of evidence, including rules concerning hearsay, personal knowledge, foundation, and witness separation. The parties additionally had to serve deposition excerpts to be offered as substantive evidence, a one-page synopsis for each deposition, electronic copies of proposed exhibits, and an exhibit list.

Three business days after serving the witness affidavits, each party had to file a list of the affiants it intended to cross-examine. Only witnesses who would be cross-examined had to appear at trial.

Additional Deadlines and Trial Preparation

Because of the holidays, responses to the opposing side’s proposed findings and legal conclusions were due January 7, 2025. Replies to motions in limine or expert-exclusion motions were due one week after the opposition. Each side also had to file, by the applicable deadline, a chart identifying objections to the opposing side’s direct-testimony affidavits and the basis for each objection.

The parties had to be prepared for trial to begin as early as approximately two weeks after the later of the submission of the joint pretrial order and related materials or the reply deadline for any expert-exclusion motion. The court said it would provide further trial and final-pretrial-conference guidance after receiving the submissions. Each party also had to provide dates when it would be unavailable for trial during January, February, and March 2025.

Disposition

Judge Jesse M. Furman entered the scheduling directives described above and directed the clerk to terminate ECF No. 121. The order contains no merits ruling.