The Kayo Corp. v. Fila U.S.A., Inc.
Plaintiff: The Kayo Corp.
Defendant: Fila U.S.A., Inc.
Case Number: 1:2018cv03981
Filed: May 3, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Alvin K. Hellerstein
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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Date Filed Document Text
August 30, 2022 Opinion or Order Filing 146 ORDER CLOSING CASE re: 140 Judgment, Add and Terminate Parties, 145 Taxation of Costs. On August 1, 2022, judgment was entered in favor of Plaintiff. See ECF No. 140. Costs have now been taxed, see ECF No. 145, and there is nothing left to resolve in the case. Accordingly, the Clerk shall mark the case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/30/2022) (kv) Modified on 8/30/2022 (kv).
August 1, 2022 Opinion or Order Filing 140 JUDGMENT AGAINSTFILA U.S.A., INC. It is: ADJUDGED AND DECREED that Plaintiff The Kayo Corp. ("Plaintiff") is granted Judgment against Defendant Fila U.S.A., Inc. ("Defendant" and/or "Fila") and Judgment is hereby enter ed in the amount of $732,666.00 plus nine (9) percent interest in the amount of $177,116.00 making the total amount of the Judgment $909,776.00. Plaintiff will also be awarded costs as the prevailing party to be taxed by the Clerk on notice. ENTER., (Fila U.S.A., Inc. terminated.) (Signed by Judge Alvin K. Hellerstein on 8/1/22) (yv)
March 8, 2022 Opinion or Order Filing 119 ORDER granting 118 Letter Motion to Adjourn Conference. The status conference scheduled for March 11, 2022 is adjourned to March 18, 2022. So ordered. (Signed by Judge Alvin K. Hellerstein on 3/8/22) (yv)
January 26, 2022 Opinion or Order Filing 114 ORDER GRANTING IN PART AND DENYING IN PART MOTION TO EXCLUDE granting in part and denying in part 107 Motion in Limine. Defendant's motion is granted with respect to lost profits but denied with respect to lost commissions and interest. Th e Clerk shall terminate ECF No. 107. Oral argument scheduled for February 1, 2022 is canceled. The parties shall appear for a status conference on February 4, 2022 at 10:00 a.m. to chart further progress in the case and set a date for trial. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/26/22) (yv)
December 1, 2021 Opinion or Order 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)
November 30, 2021 Opinion or Order Filing 103 ORDER granting 102 Letter Motion to Adjourn Conference. On November 29, 2021, Plaintiff's counsel Andrew J. Goodman requested permission to participate telephonically in the oral argument scheduled for December 1, 2021 (ECF No. 102). I he reby grant that request. Plaintiff's counsel may participate via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. The parties are reminded to submit jointly to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/30/21) (yv)
November 29, 2021 Opinion or Order Filing 101 ORDER denying 100 Letter Motion to Adjourn Conference. The request is denied. The Court's trial schedule into next year does not permit rescheduling of this matter. So ordered. (Signed by Judge Alvin K. Hellerstein on 11/29/21) (yv)
November 17, 2021 Opinion or Order Filing 98 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Alvin K. Hellerstein on 11/17/21) (yv)
September 30, 2021 Opinion or Order 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)
March 16, 2020 Opinion or Order Filing 74 ORDER: The status conf. previously set for 3/20/2020 is hereby adjourned. You are hereby notified that you are required to appear for Status Conference set for 4/24/2020 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/16/2020) (ama)
December 12, 2019 Opinion or Order Filing 64 ORDER granting 63 Letter Motion to Adjourn Conference. Conf is adjourned until Jan 24 2020 @ 10:00 am. Status Conference set for 1/24/2020 at 10:00 AM before Judge Alvin K. Hellerstein.. (Signed by Judge Alvin K. Hellerstein on 12/12/2019) (va)
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Plaintiff: The Kayo Corp.
Represented By: Colleen M Gulliver
Represented By: Neal F. Kronley
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Defendant: Fila U.S.A., Inc.
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