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Plaintiffs Seek August Trial vs. 2020 Election Robocall Schemers

There’s wide disagreement between the parties about when a jury trial should be scheduled against defendants Jacob Wohl and Jack Burkman for their roles in the threatening and intimidating robocall campaign to suppress Black citizens' mail-in votes in the 2020…

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election, they wrote U.S. District Judge Victor Marrero for Southern New York in a joint letter Thursday (docket 1:20-cv-08668). Marrero previously granted summary judgment against Wohl and Burkman (see 2303090003), and the jury will decide on the scope of relief sought, including damages, attorneys’ fees and costs. The plaintiffs propose that trial begin Aug. 7 or in the alternative, the week beginning July 31, said the letter. The plaintiffs anticipate the trial would last about a week, it said. The defendants propose the trial begin Jan. 8, and they anticipate the trial would last about two weeks, it said. “We remind the court that there were almost a dozen depositions and at least two experts to contend with and cross examination will no doubt take time,” said the letter. The defendants have been informed the plaintiffs will be calling 11 witnesses, it said. The January date is needed to allow the defendants more time to prepare, the letter said. The Gerstman Schwartz law firm is “winding down its affairs,” and the attorneys who handled the vast majority of the depositions are no longer with the firm, it said. The defendants’ principal attorney, David Schwartz, is a new partner at Aidala Bertuna and he has discussed with Wohl and Burkman the proposal for the new firm to pick up the case, it said.