Circuitronix, LLC v. Shenzen Kinwong Electronic Co., Ltd. et alMOTION for Leave to File Memorandum of LawS.D. Fla.February 26, 20191 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 1:17-CV-22462-UNGARO/O’SULLIVAN CIRCUITRONIX, LLC, Plaintiff, v. SHENZHEN KINWONG ELECTRONIC CO., LTD., and KINWONG ELECTRONIC (HONG KONG) CO., LTD., Defendants. / DEFENDANTS’ MOTION FOR LEAVE TO FILE MEMORANDUM OF LAW REGARDING THE INADMISSIBILITY OF EVIDENCE RELATED TO UNDISCLOSED DAMAGES Defendants Shenzhen Kinwong Electronic Co., Ltd. and Kinwong Electronic (HongKong) Limited (collectively “Defendants”), by and through undersigned counsel, pursuant to Local Rule 7.1(c), respectfully request the Court’s leave to file their proposed Memorandum of Law Regarding the Inadmissibility of Evidence Related to Undisclosed Damages (“Memorandum”), attached hereto as Exhibit “A”. In Plaintiff Circuitronix, LLC’s (“CTX”) Reply in Support of its Motion for Judicial Notice of exchange rate data, [D.E. 223], CTX expressed its intent to present evidence at trial related to all of its breach of contract theories, including those for which it failed to provide a computation of damages in discovery—such as its “circumvention” claims—notwithstanding the Court’s rulings precluding undisclosed damages evidence. See [D.E. 190], [D.E. 220]. As grounds for the admissibility of evidence related to breach of contract theories for which it cannot prove damages, CTX asserts that “it will be entitled to at least nominal damages” on all of its claims. [D.E. 223] Case 1:17-cv-22462-UU Document 225 Entered on FLSD Docket 02/26/2019 Page 1 of 4 2 at 2. In granting in part and denying in part the Motion for Judicial Notice, the Court noted that it would wait until trial to determine the relevance of CTX’s exchange rate evidence. [D.E. 224] at 1 n.1. Because CTX’s claimed entitlement to nominal damages is a clear-cut threshold issue that will be determinative of the scope, length, and perhaps scheduling of the upcoming trial in this matter,1 Defendants respectfully request leave to file the accompanying Memorandum in the event the Court wishes to resolve the issue in advance of the trial. If not, Defendants will be prepared to address the issue at trial at the convenience of the Court and will rely on the authorities and the arguments set forth in the attached Memorandum so that CTX has notice of and an opportunity to respond to Defendants’ position on the availability of nominal damages and evidence related thereto. CERTIFICATE OF PRE-FILING CONFERENCE Pursuant to Local Rule 7.1(a)(3)(A), undersigned counsel for Defendants certifies that they have conferred with counsel for Plaintiff in a good faith effort to resolve the issues raised in this Motion by email on February 25, 2019, at 10:52 a.m.; by a follow up email again on February 25, 2019, at 6:37 p.m.; by an additional email on February 26, 2019, at 8:50 a.m.; and by further emails on February 26, 2019 at 9:22 a.m. and 9:44 a.m. Defendants can state that Plaintiff opposes the relief requested herein. Dated: February 26, 2019 Respectfully submitted, 1 CTX estimated that, if it is permitted to present its full nominal damages case, the parties will require anywhere from up to five to seven days for trial. [D.E. 217] at 39:25–40:7. It is Defendants’ position that this case can, and should, be tried in no more than two days without all of the evidence relating to the alleged contract breaches for which CTX failed to disclose any damages. Even if the Court is inclined to allow CTX to put on a nominal damages case, Defendants believe the case can still be tried in four days, if not less. Case 1:17-cv-22462-UU Document 225 Entered on FLSD Docket 02/26/2019 Page 2 of 4 3 GREENBERG TRAURIG, P.A. Counsel for Defendants Shenzhen Kinwong Electronic Co., Ltd. and Kinwong (HongKong) Limited 333 S.E. 2nd Avenue, Suite 4400 Miami, Florida 33131 Telephone: (305) 579-0500 Facsimile: (305) 579-0717 By: /s/ David A. Coulson DAVID A. COULSON Florida Bar No. 176222 Email: coulsond@gtlaw.com MARK A. SALKY Florida Bar No. 058221 Email: salkym@gtlaw.com JAMES E. GILLENWATER Florida Bar No. 1013518 ANGELA A. KORGE Florida Bar No. 125419 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 26th day of February, 2019, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record via transmission of Notices of Electronic Filing generated by CM/ECF. /s/ James E. Gillenwater James E. Gillenwater Case 1:17-cv-22462-UU Document 225 Entered on FLSD Docket 02/26/2019 Page 3 of 4 4 SERVICE LIST Circuitronix v. Shenzhen Kinwong Electronic Co., Ltd., et al. CASE NO.: 1:17-CV-22462-UNGARO/O’SULLIVAN United States District Court, Southern District of Florida Counsel for Plaintiff: CHAUNCEY D. COLE, P.A. Chauncey D. Cole, Esq. 9100 South Dadeland Blvd., Suite 1553 Miami, Florida 33156 Tel: (305) 372-1800 E-mail: chauncey.cole@coletrial.com CARLTON FIELDS Alan Rosenthal, Esq. Natalie J. Carlos, Esq. David W. A. Chee, Esq. Miami Tower, Suite 4200 100 S.E. Second Street Miami, FL 33131 Telephone: (305) 530-0050 Facsimile: (305) 530-0055 E-mail: arosenthal@carltonfields.com ncarlos@carltonfields.com dchee@carltonfields.com Case 1:17-cv-22462-UU Document 225 Entered on FLSD Docket 02/26/2019 Page 4 of 4
