Au New Haven, LLC et al v. YKK Corporation

Filing 957

ORDER denying 956 Motion to Strike document 956 MOTION to Strike Plaintiffs' Submission at Docket No. 954. filed by YKK Corporation from the record. The Court is in receipt of the parties' submissions indicating that both parties intend to modify expert reports in advance of trial. See Dkt. Nos. 954955. The Court hereby sets the following schedule for submission of the parties' modified reports: Deadline for submission of Plaintiffs' modified expert rep orts: March 28, 2023. Deadline for submission of Defendants' modified expert reports and modified rebuttal reports (if necessary): April 18, 2023. Deadline for submission of Plaintiffs' modified rebuttal reports (if necessary): May 2, 2023. 2The Court further notes that, because of the uncertainty concerning the Lanham Act's scope in advance of Abitron Austria GmbH v. Hectronic Int'l, Inc., Dkt. No. 21-1043, the parties' modified expert reports should, as possible, accoun t for the full range of possible legal standards that could emerge from a decision in that case.Finally, Defendants' motion to strike, Dkt. No. 956, is denied. The Court, however, will not consider any arguments in that Plaintiffs' letter, Dkt. No. 954, that were nonresponsive to theCourt's request concerning an intent to file modified expert reports. See Dkt. No. 945.The Clerk of Court is directed to terminate the motion pending at Dkt. No. 956. (Signed by Judge Gregory H. Woods on 2/28/2023) (rro)

Case 1:15-cv-03411-GHW-SN Document 957 Filed 02/28/23 Page 1 of 2

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

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 2/28/2023

1:15-cv-3411-GHW
ORDER

The Court is in receipt of the parties’ submissions indicating that both parties intend to
modify expert reports in advance of trial. See Dkt. Nos. 954–955. The Court hereby sets the
following schedule for submission of the parties’ modified reports:
•

Deadline for submission of Plaintiffs’ modified expert reports: March 28, 2023.

•

Deadline for submission of Defendants’ modified expert reports and modified rebuttal
reports (if necessary): April 18, 2023. 1

•

Deadline for submission of Plaintiffs’ modified rebuttal reports (if necessary): May 2,
2023. 2
The Court further notes that, because of the uncertainty concerning the Lanham Act’s scope

in advance of Abitron Austria GmbH v. Hectronic Int’l, Inc., Dkt. No. 21-1043, the parties’ modified
expert reports should, as possible, account for the full range of possible legal standards that could
emerge from a decision in that case.
Finally, Defendants’ motion to strike, Dkt. No. 956, is denied. The Court, however, will not
By this date, Defendants should also inform the Court if they intend to file any Daubert motion with respect to
Plaintiffs’ expert reports.
2 By this date, Plaintiffs should also inform the Court if they intend to file any Daubert motion with respect to
Defendants’ expert reports.
1

Case 1:15-cv-03411-GHW-SN Document 957 Filed 02/28/23 Page 2 of 2

consider any arguments in that Plaintiffs’ letter, Dkt. No. 954, that were nonresponsive to the
Court’s request concerning an intent to file modified expert reports. See Dkt. No. 945.
The Clerk of Court is directed to terminate the motion pending at Dkt. No. 956.
SO ORDERED.
Dated: February 28, 2023
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

2