Au New Haven, LLC et al v. YKK Corporation

Filing 625

ORDER: The Court has reviewed the parties' September 11, 2020 submission regarding the processes for resolving certain pretrial issues. Dkt. No. 624. The Court adopts the parties' proposed deadlines and orders the following schedule for the parties' submissions: Issues Related to the Potential Ambiguity of the Term "High End Outerwear." Briefs are due by no later than October 9, 2020. Oppositions are due by no later than October 23, 2020. Replies, if any, are due by no l ater than October 30, 2020. Plaintiffs' application to add new deposition designations during this process is denied. Supplementary Motions in Limine. Any supplementary motions in limine arising from the Court's July 30, 2020 summary judgme nt decision, Dkt. No. 611, are due by no later than October 9, 2020. Oppositions are due by no later than October 30, 2020. Replies, if any, are due by no later than November 13, 2020. Any objections regarding the scope of these motions and their con nection to the Court's summary judgment decision shall be raised in the parties' opposition briefs. Issues Related to Foreign Law. The parties are directed to submit materials on any outstanding foreign law issues, including proposed supple mental jury charges, supporting memoranda of law from each party, expert information regarding the proposed charges, and English translations of the law the Court is being asked to consider, by no later than November 2, 2020. Any oppositions are due by no later than November 23, 2020. Replies, if any, are due by no later than November 30, 2020. Furthermore, the Court will hold a teleconference in this matter on September 21, 2020 at 10:00 a.m. The parties are directed to use the conference call dial-in information and access codenoted in the Court's Emergency Rules in Light of COVID-19, available on the Court's website, and are specifically directed to comply with Emergency Rule 2(C). And as set forth herein. SO ORDERED., ( Motions due by 10/9/2020., Responses due by 10/30/2020, Replies due by 11/13/2020., Telephone Conference set for 9/21/2020 at 10:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 9/14/2020) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AU NEW HAVEN, LLC and TRELLEBORG
:
COATED SYSTEMS US, INC.,
:
:
Plaintiffs, :
:
-v :
:
YKK CORPORATION, YKK HONG KONG :
LTD., YKK FASTENING PRODUCTS SALES :
INC., SHANGHAI YKK ZIPPER CO., LTD.,
:
SHANGHAI YKK TRADING CO., LTD., YKK :
CANADA INC., YKK TAIWAN CO., LTD., P.T. :
YKK ZIPPER INDONESIA, YKK
:
BANGLADESH PTE. LTD., YKK KOREA CO., :
LTD., YKK FRANCE SARL, DALIAN YKK
:
ZIPPER CO., LTD., YKK VIETNAM CO.,
:
LTD., YKK DEUTSCHLAND GMBH, YKK
:
(THAILAND) CO., LTD., YKK (U.K.) LTD.,
:
YKK ZIPPER (SHENZHEN) CO., LTD., YKK :
AUSTRIA GMBH, YKK ITALIA S.P.A., OOO :
YKK a/k/a YKK RUSSIA, YKK METAL VE
:
PLASTIK URUNLERI SANAYI VE TICARET :
A.S., and YKK (U.S.A.) INC.
:
:
Defendants.:
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 9/14/2020

1:15-cv-3411-GHW
ORDER

GREGORY H. WOODS, United States District Judge:
The Court has reviewed the parties’ September 11, 2020 submission regarding the processes
for resolving certain pretrial issues. Dkt. No. 624. The Court adopts the parties’ proposed deadlines
and orders the following schedule for the parties’ submissions:
•

Issues Related to the Potential Ambiguity of the Term “High End
Outerwear.” Briefs are due by no later than October 9, 2020. Oppositions are due
by no later than October 23, 2020. Replies, if any, are due by no later than October
30, 2020.

•

Issues Related to Uretek’s Fed. R. Evid. 1006 Exhibits. Other than for those
exhibits associated with Uretek’s damages expert, James Donohue, (a) YKK will
identify for Uretek the inaccuracies YKK believes are included in the exhibits that
remain subject to Fed. R. Evid. 1006 (“FRE 1006”) objections, the aspects of each
exhibit that YKK believes constitutes the inadmissible expression of opinion by the
offering expert, and any issues with the admissibility of the underlying information
that is allegedly summarized in the exhibit, and (b) Uretek will provide to YKK a list
of Mr. Donohue’s exhibits that Uretek is withdrawing or revising to comply with the
Court’s ruling on YKK’s Motion in Limine No. 11 Sec. II, by no later than October
2, 2020. For those exhibits associated with Uretek’s damages expert, James
Donohue, YKK will identify for Uretek the inaccuracies YKK believes are included
in the exhibits that remain subject to FRE 1006 objections, the aspects of each
exhibit that YKK believes constitutes the inadmissible expression of opinion by the
offering expert, and any issues with the admissibility of the underlying information
that is allegedly summarized in the exhibit, by no later than October 16, 2020. The
parties will meet and confer in an attempt to further narrow any remaining disputes
by no later than October 23, 2020. The parties will jointly advise the Court of any
remaining disputes and separately submit any additional supporting information to
support each party’s position by no later than November 6, 2020.

•

Pending Objections to Counter-Designations. The parties will exchange revised
deposition designations by no later than October 16, 2020. The parties will exchange
counter-designations by no later than October 30, 2020. The parties will exchange
any objections to counter-designations by no later than November 6, 2020. The
parties will submit a joint chart to the Court describing any pending objections to
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counter-designations by no later than November 13, 2020. Plaintiffs’ application to
add new deposition designations during this process is denied.
•

Supplementary Motions in Limine. Any supplementary motions in limine arising
from the Court’s July 30, 2020 summary judgment decision, Dkt. No. 611, are due by
no later than October 9, 2020. Oppositions are due by no later than October 30,
2020. Replies, if any, are due by no later than November 13, 2020. Any objections
regarding the scope of these motions and their connection to the Court’s summary
judgment decision shall be raised in the parties’ opposition briefs.

•

Issues Related to Foreign Law. The parties are directed to submit materials on
any outstanding foreign law issues, including proposed supplemental jury charges,
supporting memoranda of law from each party, expert information regarding the
proposed charges, and English translations of the law the Court is being asked to
consider, by no later than November 2, 2020. Any oppositions are due by no later
than November 23, 2020. Replies, if any, are due by no later than November 30,
2020.

Furthermore, the Court will hold a teleconference in this matter on September 21, 2020 at
10:00 a.m. The parties are directed to use the conference call dial-in information and access code
noted in the Court's Emergency Rules in Light of COVID-19, available on the Court's website, and
are specifically directed to comply with Emergency Rule 2(C).
SO ORDERED.
Dated: September 14, 2020
New York, New York

_____________________________________
GREGORY H. WOODS
United States District Judge

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