Syntel Sterling Best Shores Mauritius Limited v. The Trizetto Group, Inc. et al

Filing 870

ORDER: It is hereby ORDERED that Defendants' request for a bench trial on the equitable defenses is DENIED for substantially the reasons stated in Syntel's October 9, 2020, letter. It is further ORDERED that by October 13, 2020, Syntel and Defendants shall file respective letters, not to exceed three (3) pages, stating their positions on whether damages for avoided costs are available in equity for the New York trade secret misappropriation claim, and if not, what if any impact such a ruling would have on the evidence to be presented at trial. (As further set forth in this Order.) ( Responses due by 10/13/2020) (Signed by Judge Lorna G. Schofield on 10/9/2020) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
SYNTEL STERLING BEST SHORES
:
:
MAURITIUS LIMITED, et al.,
:
Plaintiffs/Counterclaim-Defendants, :
:
-against:
:
THE TRIZETTO GROUP, et al.,
:
:
Defendants/Counterclaim-Plaintiffs. :
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15 Civ. 211 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, by Order dated October 7, 2020, Defendants/Counterclaim-Plaintiffs The
TriZetto Group, Inc. and Cognizant Technology Solutions Corp. (together, “Defendants”) and
Plaintiffs/Counterclaim-Defendants Syntel Sterling Best Shores Mauritius Limited and Syntel,
Inc. (together, “Syntel”) were directed to provide proposed preliminary jury instructions
regarding their affirmative defenses (Dkt. No. 861);
WHEREAS, by letter dated October 8, 2020, Defendants provided proposed instructions
but requested in the first instance that the parties’ equitable defenses be tried through a bench
trial (Dkt. No. 866);
WHEREAS, by letter dated October 9, 2020, Syntel opposed Defendants’ request to
bifurcate trial (Dkt. No. 869);
WHEREAS, by Order dated September 30, 2020, Syntel’s motion in limine seeking to
preclude Mr. Britven’s expert testimony was granted in part and denied in part. The Court held
that Mr. Britven’s avoided costs calculations were sufficiently reliable and relevant to
Defendants’ federal Defend Trade Secrets Act claim to be heard by the jury and left open the

question of whether -- if the Court determined that avoided cost damages were available in
equity for the New York law claim -- the jury “may” enter an advisory verdict on avoided costs
for the New York law claim (Dkt. No. 843). It is hereby
ORDERED that Defendants’ request for a bench trial on the equitable defenses is
DENIED for substantially the reasons stated in Syntel’s October 9, 2020, letter. Syntel’s
affirmative defenses of equitable estoppel and waiver will be heard and determined by the jury.
The parties’ joint proposed jury instructions and verdict forms show that Defendants agreed
Syntel’s affirmative defenses would be decided by a jury. As for Defendants’ affirmative
defenses, the proof appears to overlap with the claims to be tried. The parties shall meet and
confer to determine whether Defendants’ defenses should be decided by the Court or by the jury,
and shall apprise the Court of the outcome of discussions by October 13, 2020. All of the
evidence relevant to both parties’ affirmative defenses shall be presented to the jury and seem to
be overlapping with the parties’ claims in any event. In no case will there be a separate
proceeding to adjudicate any equitable defenses or claims. Regardless of whether the parties
agree on whether the affirmative defenses are to be ultimately decided by the Court or jury,
Defendants shall provide jury instructions for the affirmative defenses they intend to put forth by
October 13, 2020. It is further
ORDERED that by October 13, 2020, Syntel and Defendants shall file respective
letters, not to exceed three (3) pages, stating their positions on whether damages for avoided
costs are available in equity for the New York trade secret misappropriation claim, and if not,
what if any impact such a ruling would have on the evidence to be presented at trial.

Dated: October 9, 2020
New York, New York

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