Au New Haven, LLC et al v. YKK Corporation

Filing 1014

ORDER: The parties are directed to file a letter on the docket by no later than July 13, 2023 stating whether they prefer to proceed on Monday and Tuesday, rather than Thursday and Friday of next week. (Signed by Judge Gregory H. Woods on 7/11/2023) (ate)

Case 1:15-cv-03411-GHW-SN Document 1014 Filed 07/11/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------- X
AU NEW HAVEN, LLC, et al.,
:
Plaintiffs, :
:
-against:
:
YKK CORPORATION, et al.,
:
:
Defendants. :
------------------------------------------------------------- X

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 7/11/2023

1:15-cv-3411-GHW
ORDER

GREGORY H. WOODS, United States District Judge:
The Court has reviewed the parties’ Daubert motions concerning the supplemental expert
reports and has concluded that its evaluation of the motions would benefit from a hearing with
respect to the testimony of Plaintiffs’ experts Mr. Cockrell and Mr. Donohue and Defendants’
experts Mr. Arntson and Ms. Kindler.1 The Court expects that the hearing would be limited in
scope to matters contained in the experts’ supplemental reports. The Court does not, however,
expect that additional testimony regarding opinions related to luggage or military sales will be needed
in order to permit the Court to evaluate their opinions with respect to those categories.
The Court would expect that examination of each expert would last up to four hours. As an
initial proposal, the Court has availability at 9:00 a.m. on Thursday, July 20, 2023 (Plaintiffs’ experts)
and at 11:00 a.m. on Friday, July 21, 2023 (Defendants’ experts). However, if the parties have
availability earlier next week, the Court also has sufficient windows of time to conduct hearings at
9:00 a.m. on Monday, July 17, 2023 and at 11:00 a.m. on Tuesday, July 18, 2023 (though brief breaks
may be necessary). In any scenario, the Court will want the Plaintiffs’ experts to testify before
Defendants’ experts. The parties are directed to file a letter on the docket by no later than

1

The Court does not need to conduct a hearing with respect to Defendants’ expert Dr. Meirowitz.

Case 1:15-cv-03411-GHW-SN Document 1014 Filed 07/11/23 Page 2 of 2

July 13, 2023 stating whether they prefer to proceed on Monday and Tuesday, rather than Thursday
and Friday of next week.
SO ORDERED.
Dated: July 11, 2023
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

2