Opinion
19 Civ. 1422 (PAE)
03-18-2022
CAPRI SUN GMBH, Plaintiff, v. AMERICAN BEVERAGE CORPORATION, Defendant.
ORDER
PAUL A. ENGELMAYER, DISTRICT JUDGE
On review of the record following yesterday's hearing, the Court is left unclear as to whether the pouch subject to the litigation in Deutsche SiSi-Werke Betriebs GmbH v. Faribault Foods, Inc., No. 15 Civ. 9750 (KMW) (S.D.N.Y.) (the "Prior Litigation") is identical to the Licensed Pouches manufactured and sold pursuant to the Settlement and License Agreement with which the Prior Litigation concluded. The Court directs the parties, by March 21, 2022, at 5 p.m. to file a joint letter identifying the part(s) of the record that answer(s) this question.
SO ORDERED.