The Kayo Corp. v. Fila U.S.A., Inc.
Filing 104
ORDER REGULATING PROCEEDINGS, On December 1, 2021 I held oral argument regarding certain damages issues. Defendant sought to exclude the entirety of Plaintiff's expert report, the Stark Report. For the reasons stated on the record, I denied that request and ruled that the expert reports are admissible. Any specific, relevant opinions to which Defendant takes exception are subject to cross examination, not for the qualification of experts under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny. I also ruled that Defendant may make a motion to exclude evidence of lost profits as such profits may not be recoverable under New York law. As I stated, Defendant shall make its motion by December 17, 20 21; Plaintiff shall oppose by January 14, 2022; Defendant shall make any reply by January 21, 2022. Argument of the motion, along with scheduling of the Final Pretrial Conference and scheduling of trial, will be held at 2:30 p.m. on February 1, 20 22 at 500 Pearl Street, Courtroom 14D, New York, NY. No later than January 28, 2022 at 12:00 p.m. the parties shall submit jointly a list of counsel expected to appear on the record. SO ORDERED. ( Motions due by 12/17/2021., Responses due by 1/14/2022, Replies due by 1/21/2022., Final Pretrial Conference set for 2/1/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/1/21) (yv)
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