Au New Haven, LLC et al v. YKK Corporation

Filing 832

ORDER: This Court has ordered that trial is this case be bifurcated so that the definition of the phrase "high end outerwear" as used in the parties' licensing agreement be determined in an initial jury trial. Dkt. No. 831. The Co urt recognizes that this may require the parties to modify litigation strategy, which in turn may require additional time. Accordingly, the Court is prepared to adjourn the trial currently scheduled for December 5, 2022, Dkt. No. 803, to January 23 , 2023, and to conduct the trial on the meaning of "high end outerwear" starting on that date. In that case, the Court would propose to begin the second trial on March 6, 2023 (and will hold that date open accordingly). If, however, the parties believe it would be possible and beneficial to conduct the first trial sometime within the three-week window that the Court previously held open for trial (December 523, 2022), the Court invites the parties to inform the Court of that concl usion, and the Court would be pleased to do so (understanding that it would not likely take the full three weeks). Accordingly, the Court requests that the parties submit a joint letter no later than October 21, 2022, stating their views on trial d ates in light of the Court's proposals. In addition, that letter should contain the parties' views on proposed timing for completion of revised jury charges for the first trial, proposed timing for submission of other pretrial materials f or the first trial, and which motions in limine must be resolved in advance of the first trial. Upon receipt of that letter, the Court will finalize the dates for trial and the final pretrial conference, as well as the deadlines for receipt of pretrial materials in this case. (Signed by Judge Gregory H. Woods on 10/17/2022) (rro)

Case 1:15-cv-03411-GHW-SN Document 832 Filed 10/17/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AU NEW HAVEN, LLC, et al.,
:
:
Plaintiffs, :
:
-v :
:
YKK CORPORATION, et al.,
:
:
Defendants. :
:
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GREGORY H. WOODS, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 10/17/2022

1:15-cv-3411-GHW
ORDER

This Court has ordered that trial is this case be bifurcated so that the definition of the phrase
“high end outerwear” as used in the parties’ licensing agreement be determined in an initial jury trial.
Dkt. No. 831. The Court recognizes that this may require the parties to modify litigation strategy,
which in turn may require additional time. Accordingly, the Court is prepared to adjourn the trial
currently scheduled for December 5, 2022, Dkt. No. 803, to January 23, 2023, and to conduct the
trial on the meaning of “high end outerwear” starting on that date. In that case, the Court would
propose to begin the second trial on March 6, 2023 (and will hold that date open accordingly). If,
however, the parties believe it would be possible and beneficial to conduct the first trial sometime
within the three-week window that the Court previously held open for trial (December 5–23, 2022),
the Court invites the parties to inform the Court of that conclusion, and the Court would be pleased
to do so (understanding that it would not likely take the full three weeks).
Accordingly, the Court requests that the parties submit a joint letter no later than October
21, 2022, stating their views on trial dates in light of the Court’s proposals. In addition, that letter
should contain the parties’ views on proposed timing for completion of revised jury charges for the
first trial, proposed timing for submission of other pretrial materials for the first trial, and which

Case 1:15-cv-03411-GHW-SN Document 832 Filed 10/17/22 Page 2 of 2

motions in limine must be resolved in advance of the first trial. Upon receipt of that letter, the Court
will finalize the dates for trial and the final pretrial conference, as well as the deadlines for receipt of
pretrial materials in this case.
SO ORDERED.
Dated: October 17, 2022
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

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