The Kayo Corp. v. Fila U.S.A., Inc.

Filing 81

ORDER REGULATING PROCEEDINGS, The case can now be scheduled for a speedy resolution. The bench trial will not be bifurcated. However, since the parties seem to entertain widely differing conceptions of damages, the court will benefit by an early e valuation of proofs of damage. The following schedule will apply: Discovery of Fila's 2020 financial results that are relevant to the issues, and updating of experts' reports, shall be completed by November 12, 2021. Simultaneous filing o f the parties' briefs, discussing their proofs of damages, shall take place by November 12, 2021. Argument of damages issues, and scheduling of Final Pre-Trial Conference and of trial, will be held at 2:30 p.m., November 23, 2021 at 500 Pearl Street, Courtroom 14D, New York, NY. SO ORDERED. ( Brief due by 11/12/2021., Discovery due by 11/12/2021., Bench Trial set for 11/23/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein., Final Pretrial Conference set for 11/23/2021 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 9/30/21) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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THE KAYO CORP.,
:
:
Plaintiff,
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-against:
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FILA U.S.A., INC.,
:
:
Defendant.
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:
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:
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ORDER REGULATING
PROCEEDINGS
18 Civ. 3981 (AKH)

ALVIN K. HELLERSTEIN, U.S.D.J.:
Because of the COVID epidemic in New York City, completion of the last phase
of discovery, and the trial of this case, was adjourned, at the parties’ request, until the Fall of
2021. (Joint letter of May 7, 2020, ECF 80). The case can now be scheduled for a speedy
resolution.
The bench trial will not be bifurcated. However, since the parties seem to
entertain widely differing conceptions of damages, the court will benefit by an early evaluation
of proofs of damage.
The following schedule will apply:
1. Discovery of Fila’s 2020 financial results that are relevant to the issues, and updating of
experts’ reports, shall be completed by November 12, 2021. Simultaneous filing of the
parties’ briefs, discussing their proofs of damages, shall take place by November 12,
2021.

2. Argument of damages issues, and scheduling of Final Pre-Trial Conference and of trial,
will be held at 2:30 p.m., November 23, 2021 at 500 Pearl Street, Courtroom 14D, New
York, NY.
SO ORDERED.
Dated:

September 30, 2021
New York, New York

/s/ Alvin K. Hellerstein
ALVIN K. HELLERSTEIN
United States District Judge

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