rWashington et al v. Kellwood Company
Case Number: 1:2005cv10034
Filed: November 29, 2005
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Deborah A. Batts
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Date Filed Document Text
September 30, 2016 Opinion or Order Filing 277 OPINION & ORDER re: 254 EMERGENCY MOTION to Continue Trial Date to Designate Experts filed by Sunday Players, Inc., Daryl K. Washington, 255 EMERGENCY MOTION for Reconsideration re; 249 Memorandum & Opinion, filed by S unday Players, Inc., Daryl K. Washington, 274 LETTER MOTION for Oral Argument on Plaintiffs' Motion for Reconsideration and Alternative Motion for Leave for Plaintiffs to Designate Experts. The Court does not take lightly this de cision to deny the plaintiffs a second opportunity to prove their damages to a jury. And had the plaintiffs' second pretrial submissions not revealed that they intended to pursue damages wildly beyond any reasonable foundation, the Court may wel l have proceeded apace. But the damages estimates in the second proposed Joint Pretrial Order, the arguments the plaintiffs made in opposition to the defendant's in limine motion, and the evidence they offered in their proposed exhibit list left the Court certain that the trial would end by directed verdict. The Court, therefore, elected to conserve its resources and the time and service of our jurors by accelerating the inevitable. The reconsideration motion and motion to designate new t rial experts are DENIED. The Clerk of Court is instructed to terminate the motions docketed at ECF Nos. 254, 255, and 274, enter judgment in favor of the plaintiffs for one dollar, and close this case. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 9/30/2016) (kko) (Main Document 277 replaced on 9/30/2016) (kko).
September 6, 2016 Opinion or Order Filing 249 OPINION & ORDER: The Court GRANTS Kellwood's motion in limine and the plaintiffs' motion to exclude the testimony of Gary Trugman. The trial scheduled to begin September 13, 2016, is ADJOURNED. The parties are ORDERED to present oral argume nt on September 7, 2016, at 10:00 a.m. in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York, on why the Court should not reconsider the JMOL Order and grant judgment as a matter of law for the plaintiffs and award $1. Fed. R. Civ. P. 50. SO ORDERED. (As further set forth in this Order.) (Oral Argument set for 9/7/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/6/2016) (kko)
July 15, 2016 Opinion or Order Filing 212 OPINION & ORDER re: 193 MOTION for New Trial on Limited Issues filed by Sunday Players, Inc., Daryl K. Washington, 190 MOTION for Judgment as a Matter of Law , or in the Alternative, for a New Trial filed by Kellw ood Company. For the foregoing reasons, Kellwood's motion for judgment as a matter of law is GRANTED in part, Kellwood's motion for a new trial is conditionally GRANTED in part, and the plaintiffs' motion for a new trial is DENIED. Th e Judgment is VACATED with respect to damages, and a new damages trial is ORDERED. The Clerk of Court is directed to terminate the motions docketed at ECF Nos. 190 and 193. The parties are directed to engage in supervised mediation. By Friday, July 2 9, 2016, the parties shall submit a joint letter indicating whether they prefer referral to a federal magistrate judge, court-appointed mediation, or private mediation. A joint proposed final pretrial order and all pretrial motions including any moti ons in limine are due on August 15, 2016. The joint proposed pretrial order should be prepared in accordance with the Court's November 16, 2015 Trial Scheduling Order. Any oppositions are due August 22, 2016. A pretrial conference is scheduled f or Wednesday, September 7, 2016, at 10:00 a.m. in Courtroom 219, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. Trial is scheduled to begin Tuesday, September 13, 2016, at 9:00 a.m. Trial is expected to last no more than thre e days. (As further set forth in this Order.) (Motions due by 8/15/2016. Proposed Pretrial Order due by 8/15/2016. Responses due by 8/22/2016) (Jury Trial set for 9/13/2016 at 09:00 AM before Magistrate Judge Sarah Netburn. Pretrial Conference set for 9/7/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/15/2016) (kko)
March 4, 2016 Opinion or Order Filing 187 OPINION & ORDER re: 165 MOTION for Judgment on the Jury Verdict filed by Sunday Players, Inc., Daryl K. Washington. The plaintiffs' motion is granted in part, and the Court will enter judgment. The plaintiffs' request for compound interest calculated from the date of breach is denied. Under New York law, the plaintiffs are entitled only to simple interest at an annual rate of nine percent. Interest on lost profits incurred before the breach will be calculated from th e date of breach. Interest on lost profits incurred after the breach will be calculated from a reasonable intermediate date. The Court GRANTS the plaintiffs' motion in part. The Court will enter judgment in this action, with prejudgment interest calculated as set forth in this Opinion and Order. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 3/4/2016) (kko) (Main Document 187 replaced on 3/4/2016) (kko).
December 4, 2015 Opinion or Order Filing 110 OPINION & ORDER re: 100 MOTION to Vacate Notice of Case Assignment/Reassignment filed by Kellwood Company. For the foregoing reasons, Kellwood's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 100. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 12/4/2015) (kko) (Main Document 110 replaced on 12/4/2015) (kko). Modified on 12/4/2015 (kko). (Main Document 110 replaced on 12/4/2015) (kko).
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