Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. ( 2022 )

Case fiio-CV-UogfO-JUN VOCUMeEN Loo RPHEO U4floize raye 1 Ul a a oo > _ A Professional Corporation * Attorneys & Counselors at Law 2 Memo Endorsed. See Page 2 www.pecklaw.com | VIA ECF | April 13, 2022 325 Avenue of the Americas 10th Floor onme Hon. Judith C. McCarthy fox 212.382.3456 + -United States Magistrate Judge | Southern District of New York United States Courthouse New York, NY 300 Quarropas Street Los Angeles, CA White Plains, New York 10601 Oakland, CA; Washington, 0.C. Re: Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. Miami, FL Case No.: 18-CV-03976 Chicago,IL River Edge, NJ Austin, TX Dear Judge McCarthy: costa ty 2 We represent defendant American Piledriving Equipment, Inc. (“APE”) in ‘oA _ the above-referenced matter. On April 4, 2022, the parties submitted their joint pre- evans ' trial order. Subsection (v.) of the order required Plaintiff to submit “[a] statement of damages claimed, itemizing each component or element of the damages sought with __ respect to each claim, including the manner and method used to calculate the claimed international | damages.” See Fed. R, Civ, P. 26(a)(1)(A)(iii). Alliances | Plaintiff provided the following inadequate statement: Beijing 2 Plaintiff seeks damages based on the failure of Defendant to direct all Bogota | sales and rentals of the APE/J&M Robovib and APE/J&M line of Buenos Aires excavator mounted equipment, Plaintiffs inability to sell and rent said Guatemala City equipment since 2017, APE’s failure to provide the required discounts Lima | to Alessi on equipment and parts, which has resulted in damages to be London determined at the time of trial but no less than $1.4 million dollars. Managua These damages are based upon the agreed upon discount provided by Mexico City APE to Alessi, Alessi’s markups, lost sales, rentals of equipment and Montevideo parts. Panama City Defendant objected to Plaintiff's statement of damages on the grounds that it San José failed to 1) specify the amount of damages claimed, 2) itemize each component or Santiago element of damages sought with respect to each claim, and 3) set forth the manner Sao Paulo. and method used to calculate the claimed damages. Defendant respectfully requests that Plaintiff be directed forthwith to supplement its Statement of Damages by providing the required information so that | Defendant has proper notice of Plaintiff's claimed damages and can adequately Sorsmurzos,. A Professional Corporation Attorneys & Counselors at Law Hon. Judith C. McCarthy April 13, 2022 Page 2 prepare its defense for trial. Otherwise, plaintiff should be precluded from introducing at tral evidence of its alleged damages. Pilitz v. Inc. Vill. of Freeport, 2020 U.S, Dist. LEXIS 221462 (S.D.N.Y. 2020); Design Strategies, Inc. vy. Davis, 367 F. Supp. 2d 630, 633(S.D.N.Y. 2005) (the district court precluded evidence of lost profits because Plaintiffs failed to “provide[] any specific computation of its alleged lost profits, nor any documents or other evidence on the basis of which such a computation could be made). Respectfully submitted, s/ Brian D. Waller Brian D. Waller cc: Kristopher Dennis Counsel for Plaintiff, Alessi Equipment Inc, SO ORDERED: Plaintiff Alessi Equipment, Inc. ("Alessi") is hereby ordered to advise the Court, by April 21, 2022, why it should not order Alessi to immediately supplement its statement of damages on the grounds set forth above, or face preclusion of evidence relating thereto at trial. See, e.g., Probatter Sports, LEC vy, Sports Tutor, Inc,, No, 3:05-cv-01975-VLB, 2016 WL 1178051, at *7 ~8 (D. Conn. Mar. 23, 2016); Coleman v. City of Niagara Falls, No. 09-CV-1578, 2015 WL 4208602, at *5 (W.D.N.Y. July 10, 2015); see also Design Strategy, Inc. v. Davis, 469 F.3d 284, 293 (2d Cir. 2006); Fed. R. Civ. P. 26(a), (e). Med Cal hy 4-15-22 JUDITH C. McCARTHY United States Magistrate Judge