Au New Haven, LLC et al v. YKK Corporation

Filing 968

ORDER denying 965 Letter Motion to Seal. Defendants' notification that it intends to file Daubert motions challenging the admissibility of Plaintiffs' experts' opinions at trial. Dkt. No. 966. Though Plaintiffs' date to infor m the Court whether they too intend to file analogous Daubert motions has not yet arrived, the Court finds it appropriate to set the schedule now for the briefing of all such motions (and to set interim deadlines for depositions of experts, as re quested by Defendants) Deadline to conduct expert depositions relating to the parties' supplemental expert reports: May 12, 2023. Deadline for filing of Daubert motions concerning opposing parties' supplemental expert reports: June 2, 202 3. Deadline for filing of oppositions to any Daubert motions: June 16, 2023. Deadline for filing of reply briefs for any Daubert motions: June 23, 2023. Second, concurrent with their notice that they intend to file Daubert motions concerning Plaint iffs' supplemental expert reports, Defendants sent those reports to the Court "for the Court's convenience." Dkt. No. 965 at 2. But Defendants also stated, consistent with the Court's understanding, that "[t]he Court is not required to take any judicial action on those reports at this time," and that it expects that the reports will later be submitted with additional redactions in connection with Defendants' forthcoming Daubert motions. Id. While the Cou rt appreciates Defendants' goal of aiding the convenience of the Court, because the Court need not take any action on these reports at this time and the reports will be submitted later in connection with Defendants' Daubert motions, it (a) will strike the reports from the docket at this time and accordingly (b) deny the motion to seal submitted with the reports. The Clerk of Court is directed to (a) strike Exhibit A and Exhibit B from Dkt. No. 966, (b) strike Exhibit A and Exhibit B from Dkt. No. 967, and (c) terminate the motion pending at Dkt. No. 965. (Signed by Judge Gregory H. Woods on 4/19/2023) (rro)

Case 1:15-cv-03411-GHW-SN Document 968 Filed 04/19/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AU NEW HAVEN, LLC, et al.,
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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: 4/19/2023

1:15-cv-3411-GHW
ORDER

This order concerns two subjects. First, the Court has received Defendants’ notification that
it intends to file Daubert motions challenging the admissibility of Plaintiffs’ experts’ opinions at trial.
Dkt. No. 966. Though Plaintiffs’ date to inform the Court whether they too intend to file analogous
Daubert motions has not yet arrived, the Court finds it appropriate to set the schedule now for the
briefing of all such motions (and to set interim deadlines for depositions of experts, as requested by
Defendants). 1
•

Deadline to conduct expert depositions relating to the parties’ supplemental expert reports:
May 12, 2023.

•

Deadline for filing of Daubert motions concerning opposing parties’ supplemental expert
reports: June 2, 2023.

•

Deadline for filing of oppositions to any Daubert motions: June 16, 2023.

•

Deadline for filing of reply briefs for any Daubert motions: June 23, 2023. 2
Second, concurrent with their notice that they intend to file Daubert motions concerning

To be clear, Plaintiffs should still notify the Court by May 2, 2023 if they intend to file Daubert motions with respect to
Defendants’ expert reports. See Dkt. No. 957 at 1 n.2.
2 The Court recognizes that some or all of this briefing may occur before the Supreme Court’s decision in Abitron Austria
GmbH v. Hectronic Int’l, Inc., Dkt. No. 21-1043. To the extent that additional Daubert briefing is needed after that
decision, the Court will take up that issue when it arises.
1

Case 1:15-cv-03411-GHW-SN Document 968 Filed 04/19/23 Page 2 of 2

Plaintiffs’ supplemental expert reports, Defendants sent those reports to the Court “for the Court’s
convenience.” Dkt. No. 965 at 2. But Defendants also stated, consistent with the Court’s
understanding, that “[t]he Court is not required to take any judicial action on those reports at this
time,” and that it expects that the reports will later be submitted with additional redactions in
connection with Defendants’ forthcoming Daubert motions. Id. While the Court appreciates
Defendants’ goal of aiding the convenience of the Court, because the Court need not take any action
on these reports at this time and the reports will be submitted later in connection with Defendants’
Daubert motions, it (a) will strike the reports from the docket at this time and accordingly (b) deny
the motion to seal submitted with the reports.
The Clerk of Court is directed to (a) strike Exhibit A and Exhibit B from Dkt. No. 966, (b)
strike Exhibit A and Exhibit B from Dkt. No. 967, and (c) terminate the motion pending at Dkt.
No. 965.
SO ORDERED.
Dated: April 19, 2023
New York, New York

__________________________________
GREGORY H. WOODS
United States District Judge

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