The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ee ee ee ee x
SHOLEM WEISNER and : ORDER DENYING
SHMUEL NEMANOV, : PLAINTIFE’S MOTION TO
□ VACATE OCTOBER 21-23,
Plaintiff and Involuntary Plaintiff, . 4025 PROCEEDINGS BEFORE
. : MAGISTRATE JUDGE
-against- ———_—_—r
GOOGLE LLC, : 20 Civ. 2862 (AKH) (VF)
Defendant.
Prk a a ee
ALVIN k. HELLERSTEIN, U.S.D.J.:
Plaintiff Sholem Weisner moves, on an “emergency” basis, to vacate the proceedings
scheduled for October 21-23, 2025 before U.S. Magistrate Judge Valerie Figueredo. Plaintiff cites
the Federal Circuit’s decision denying Plaintiff's petition for mandamus as the basis for its motion,
See ECF No, 433.
Plaintiffs motion is an attempt to relitigate the same issue I addressed in my opinion and
order on October 1, 2025. ECF No. 414. Nothing in the Federal Circuit’s decision undermines
my prior opinion, I have read the case cited by the Federal Circuit, Beazer East, Inc. v. Mead
Corp., 412 F.3d 429, 439 (3d Cir. 2005). Beazer is distinguishable because it involved an equitable
allocation proceeding, which the Third Circuit determined was not a pretrial matter under 28
U.S.C. § 636(b)(1), while here the hearing relates to a summary judgment motion on certain of
Google’s affirmative defenses. /d, at 438-440. Therefore, Beazer does not change the sufficiency
of the basis for my referral to the magistrate judge.
As I stated earlier, 28 U.S.C. § 636(b)(1) allows me to refer the matter to a magistrate judge
for a report and recommendation. Accordingly, Magistrate Judge Figueredo shall proceed as
scheduled on October 21-23, 2025.
Thus, for the reasons stated in this and my October 1, 2025 opinion, Plaintiff's motion is
DENIED.
The Clerk of Court shall terminate ECF No. 435.
SO ORDERED, Co
Dated: October / “L205 CL ~
New York, New York ALVIN K. HELLERSTEIN
United States District Judge