Au New Haven, LLC et al v. YKK Corporation

Filing 1009

ORDER: As discussed at the July 7, 2023 conference, the Court hereby issues the following orders and sets the following deadlines: Resubmission of Materials. The parties are directed to resubmit their proposed jury charge, proposed verdict form, witness lists, exhibit lists, and deposition designation charts by July 14, 2023 at 10:00 a.m. As further set forth by this Order. Additionally, as indicated at the conference, Defendants' motion in limine number twelve, Dkt. No. 642, is denie d as moot. The parties will be given the opportunity to rebrief any issues that were the subject of that motion that will not be captured in the already scheduled briefing on the Abitron decision. The schedule for that briefing is as follows: Defendants' motion: July 12, 2023, Plaintiffs' opposition: July 19, 2023, Defendants' reply: July 24, 2023. Further, or the reasons provided at the conference, Plaintiffs motion in limine at Dkt. No. 637 is GRANTED, Plaintiff s' motion in limine at Dkt. No. 640 is DENIED, and Defendants' motion in limine at Dkt. No. 646 is DENIED. All rulings are subject to the additional comments made at the July 7, 2023 conference. Finally, the Court hereby schedules a conf erence for July 25, 2023, at 9:00 a.m. to take up remaining pretrial issues. The conference will be held by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court' ;s website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. SO ORDERED. ( Motions due by 7/12/2023., Responses due by 7/19/2023, Replies due by 7/24/2023., Telephone Conference set for 7/25/2023 at 09:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 7/7/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AU NEW HAVEN, LLC, et al.,
:
Plaintiffs, :
:
-against:
:
YKK CORPORATION, et al.,
:
:
Defendants. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 7/7/2023

1:15-cv-3411-GHW
ORDER

GREGORY H. WOODS, United States District Judge:
As discussed at the July 7, 2023 conference, the Court hereby issues the following orders and
sets the following deadlines:
•

Resubmission of Materials. The parties are directed to resubmit their proposed jury charge,
proposed verdict forms, witness lists, exhibit lists, and deposition designation charts by July
14, 2023 at 10:00 a.m.
o Jury Charge and Verdict Forms. The parties are directed to resubmit these items
amended as necessary to account for the Abitron decision.
o Witness Lists. Defendants are directed to add an estimate of time they expect to call
each witness for in their case-in-chief, should that witness be called. Both parties are
directed to add estimates of time that they expect to cross-examine each witness of
their adversary, should that witness be called by their adversary. Each party’s witness
list may also be modified, as necessary, in response to the Abitron decision.
o Exhibit and Deposition Designation Chart Updates. In their modified exhibit and
deposition designation charts, the parties are directed to include an additional
column. In that column, they should indicate whether the given exhibit (if exhibit
list) or deposition designation (if deposition designation list) was (a) admitted or
provisionally admitted at the HEO trial, (b) excluded or provisionally excluded at the
HEO trial, or (c) not considered at the HEO trial. The parties may also update these
charts, relevant objections, and relevant counter-designations as necessary in
response to the Abitron decision.
o Indicating Modifications. The parties are further directed to clearly indicate to the Court
what has changed on each resubmitted document. The Court leaves to the parties
the most effective mechanism for doing so.
Additionally, as indicated at the conference, Defendants’ motion in limine number twelve,

Dkt. No. 642, is denied as moot. The parties will be given the opportunity to rebrief any issues that
were the subject of that motion that will not be captured in the already scheduled briefing on the
Abitron decision. The schedule for that briefing is as follows:
•

Defendants’ motion: July 12, 2023

•

Plaintiffs’ opposition: July 19, 2023

•

Defendants’ reply: July 24, 2023
Further, or the reasons provided at the conference, Plaintiffs’ motion in limine at Dkt. No.

637 is GRANTED, Plaintiffs’ motion in limine at Dkt. No. 640 is DENIED, and Defendants’
motion in limine at Dkt. No. 646 is DENIED. All rulings are subject to the additional comments
made at the July 7, 2023 conference.
Finally, the Court hereby schedules a conference for July 25, 2023, at 9:00 a.m. to take up
remaining pretrial issues. The conference will be held by telephone. The parties are directed to the
Court’s Individual Rules of Practice in Civil Cases, which are available on the Court’s website. Rule
2 of the Court’s Individual Rules contains the dial-in number for the conference and other relevant
instructions. The parties are specifically directed to comply with Rule 2(B) of the Court’s Individual
Rules.
SO ORDERED.
Dated: July 7, 2023
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

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