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Re: None

Wednesday, 08/16/2017 9:35:48 AM

Wednesday, August 16, 2017 9:35:48 AM

Post# of 35792
COURT CASE UPDATE - NO 8K
Still Campo refuses to disclose any information on the case

Maloul et al V. New Colombia Resources, Inc.

AUGUST 11, 2017

ORDER: For the reasons discussed on the record at that conference, it is hereby ORDERED that a bench trial in this action shall commence at 9:00 a.m. on Monday, January 8, 2018, in Courtroom 618 of the Thurgood Marshall United States Courthouse. The parties are ORDERED to file the Joint Pretrial Order, motions in limine, pretrial memoranda of law, and proposed findings of fact and conclusions of law by December 11, 2017. Any opposition papers shall be filed by December 18, 2017. The parties are instructed to comply with Rule 7 of the Courts Individual Rules of Practice in Civil Cases when submitting their pretrial materials; in particular, the Court reminds the parties that pursuant to Rule 7(C), the parties must provide the Court with direct testimony, deposition excerpts, and documentary exhibits by e-mail when the Joint Pretrial Order is filed on December 11, 2017. Finally, the parties are ORDERED to appear for a final pretrial conference on December 27, 2017, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse. The Court decided in its July 12, 2017 Opinion & Order resolving the parties cross-motions for summary judgement (the "July 12 Opinion" (Dkt. #40)), that Plaintiffs' breach-of-contract claims were time-barred. Thus, in accordance with the July 12 Opinion, the Court understands that the focus of the bench trial in this case will be whether the doctrines of equitable estoppel and equitable tolling save Plaintiffs untimely claims, or whether Defendant prevails pursuant to its statute-of-limitations and laches defenses. Also at issue will be Defendants contention that the debts alleged by Plaintiffs to be owed were actually assigned and/or repaid. Discovery in this case is closed and the Court does not anticipate reopening it, absent a showing of extraordinary circumstances. On June 19, 2017, the Court gave the parties the opportunity to identify any additional discovery that either party believed the Court needed in order to resolve the issues in this case. (Dkt. #39). Neither party requested to supplement the record. Thus, the Court sees no reason why now either party would or should be permitted to deviate from that stance. ( Motions due by 12/11/2017., Joint Pretrial Order due by 12/11/2017., Responses due by 12/18/2017), ( Final Pretrial Conference set for 12/27/2017 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/11/2017) (js)

This is just my opinion.. Make sure you do your own DD.

Cargoman

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