Ian Literovich

This continued case conference endorsement addresses the plaintiff's request to adjourn a multi-day leave motion in a proposed class action until an in-person hearing is possible, due to concerns about conducting a complex hearing virtually during the COVID-19 pandemic.

The defendant was prepared to proceed virtually.

The court, acknowledging the evolving confidence in virtual hearings and the need for courts to operate, ordered the motion to proceed by videoconference on the previously scheduled dates of June 23 and 24, 2020, finding that remote procedures are not inherently unfair and practical issues can be addressed through cooperation.

In a proposed class action, the defendant sought to proceed with a two-day leave motion virtually via videoconference due to COVID-19 court suspensions.

The plaintiff opposed, citing logistical difficulties for a complex motion with a voluminous evidentiary record, including the inability for counsel teams to be together.

The court, while acknowledging the desire to avoid delay, declined to compel the plaintiff to proceed virtually, prioritizing due process concerns and the plaintiff's ability to present their case effectively.

The leave motion was rescheduled for an in-court hearing.

This endorsement outlines an agreed-upon procedural timetable for a motion in a class proceeding.

It sets deadlines for the exchange of motion records, completion of cross-examinations, delivery of facta, and schedules the hearing dates for September 2020.

The parties agreed to a timetable for the plaintiff's upcoming motion, with the hearing scheduled for May 5 and 6, 2020.