Ian Literovich

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.