Riddell Inc v. Kranos Corporation

MOTION

N.D. Ill.April 16, 2019

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RIDDELL, INC., Plaintiff, v. KRANOS CORPORATION d/b/a SCHUTT SPORTS, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No.: 1:16-cv-4496 Judge Matthew F. Kennelly DEFENDANT’S MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION TO EXCLUDE THE LOST PROFITS AND REASONABLE ROYALTY OPINIONS PROFFERED BY PLAINTIFF’S DAMAGES EXPERT JOHN C. JAROSZ Defendant Kranos Corporation d/b/a Schutt Sports (“Schutt”) moves this Honorable Court for an Order granting its Motion for Leave to File a Reply Brief in support of its Motion to Exclude the Lost Profits and Reasonable Royalty Opinions Proffered by Plaintiff’s Damages Expert John C. Jarosz. Damages is a critical issue in this case that implicates the parties’ willingness to settle more than any other. Riddell has somehow managed to keep its damages claim alive despite the law and facts heavily favoring Schutt. Riddell continues its song-and-dance in its Opposition to Schutt’s motion to exclude Riddell’s damages expert, John Jarosz. Specifically, Riddell’s Opposition misinterprets the law and its own damages expert’s opinions to concoct a case for admissibility. Schutt’s reply contains the correct legal analysis to demonstrate to the Court why, under the facts, the Court should not permit the jury to hear Riddell’s unreliable, inadmissible, and ridiculously bloated claim for nearly $15 million in lost profit damages and more than $1 million in reasonable royalty damages. Schutt respectfully requests leave to add this critical information to the record in this case. Case: 1:16-cv-04496 Document #: 314 Filed: 04/16/19 Page 1 of 3 PageID #:22935 2 For these reasons, Schutt respectfully requests that the Court grant its Motion for Leave to File a Reply Brief in support of its Motion to Exclude the Lost Profits and Reasonable Royalty Opinions Proffered by Plaintiff’s Damages Expert John C. Jarosz. A copy of Schutt’s proposed Reply Brief and Exhibits 17 and 18 are attached as Exhibit A. Dated: April 16, 2019 Respectfully submitted, /s/ James J. Lukas, Jr. Richard D. Harris Howard Silverman James J. Lukas, Jr. Matthew J. Levinstein Benjamin P. Gilford Callie Sand GREENBERG TRAURIG, LLP 77 West Wacker Drive, Ste. 3100 Chicago, IL 60601 Telephone: (312) 456-8400 Facsimile: (312) 456-8435 Counsel for Schutt Case: 1:16-cv-04496 Document #: 314 Filed: 04/16/19 Page 2 of 3 PageID #:22936 3 CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court’s CM/ECF system on April 16, 2019. /s/ James J. Lukas, Jr. Case: 1:16-cv-04496 Document #: 314 Filed: 04/16/19 Page 3 of 3 PageID #:22937