bebe stores, inc. et al v. forever 21 Inc et al

Filing 23

STIPULATION by Bebe Stores, Inc.. (McElenney, Sean) (Filed on 5/4/2007)

Download PDF
bebe stores, inc. et al v. forever 21 Inc et al Doc. 23 Case 3:07-cv-00035-MJJ Document 23 Filed 05/04/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 Bryan Cave LLP Two North Central Avenue, Suite 2200 Phoenix, Arizona 85004-4406 (602) 364-7000 BRYAN CAVE LLP Sean K. McElenney, 160988 George C. Chen, 019704 Two N. Central Avenue, Suite 2200 Phoenix, AZ 85004-4406 Telephone: (602) 364-7000 Facsimile: (602) 364-7070 Email: skmcelenney@bryancave.com Attorney for Plaintiffs bebe stores, inc. and bebe studio, inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA bebe stores, inc., a California corporation; and bebe studio, inc., a California corporation, Plaintiffs, vs. forever 21, Inc., a Delaware corporation; forever 21 Retail, Inc., a California corporation; forever 21 Logistics, LLC, a Delaware limited liability company; and forever XXI, Inc., a California corporation, Defendants. At the initial case management conference held on April 10, 2007, the parties discussed with the Court a potential need for motion practice related to defendants' assertion that the Copyright Act preempts bebe's unfair competition claim. The Court directed the parties to meet and confer and, if the legal issue between them could not be resolved, for forever 21 to file a motion by May 4, 2007. The parties have met and conferred on the unfair competition preemption issue. Although the parties have not agreed on the issue, they have stipulated and agreed to bebe filing a first amended complaint no later than May 18, 2007. Thereafter, the parties shall meet and confer regarding the unfair competition preemption issue and any other issues. forever 21 shall file its motion regarding preemption by June 8, 2007. Dockets.Justia.com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C07 0035 MJJ STIPULATION Judge: Hon. Martin J. Jenkins Case 3:07-cv-00035-MJJ Document 23 Filed 05/04/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 Bryan Cave LLP Two North Central Avenue, Suite 2200 Phoenix, Arizona 85004-4406 (602) 364-7000 DATED: May 4, 2007 JEFFER, MANGELS, BUTLER & MARMARO LLP By /s/ J.T. Wells Blaxter J.T. Wells Blaxter Two Embarcadero Center, Fifth Floor San Francisco, CA 94111-3824 Attorneys for Defendants BRYAN CAVE LLP By /s/ S.K. McElenney Sean K. McElenney George C. Chen Two N. Central Avenue, Suite 2200 Phoenix, AZ 85004-4406 Attorney for Plaintiffs bebe stores, inc. and bebe studio, inc. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 577990.1/0202261 PROPOSED ORDER Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that bebe shall file its first amended complaint by May 18, 2007; IT IS FURTHER ORDERED that the parties shall meet and confer regarding unfair competition preemption issue and any other appropriate issues; IT IS FURTHER ORDERED that forever 21 shall file its motion regarding unfair competition preemption, if appropriate, by June 8, 2007. DONE IN OPEN COURT this ____ day of May, 2007. Martin J. Jenkins 2 ORDER Case 3:07-cv-00035-MJJ Document 23 Filed 05/04/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 Bryan Cave LLP Two North Central Avenue, Suite 2200 Phoenix, Arizona 85004-4406 (602) 364-7000 PROOF OF SERVICE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I am employed in the County of Maricopa, State of Arizona. I am over the age of 18 and not a party to the within action. My business address is Two N. Central Avenue, Suite 2200, Phoenix, AZ 85004-4406. On May 4, 2007, I served the foregoing document, described as Stipulation and [Proposed] Order on each interested party in this action, as follows: Paul L. Warner, Esq. J.T. Wells Blaxter, Esq. Jeffer, Mangels, Butler & Marmaro LLP Two Embarcadero Center, Fifth Floor San Francisco, CA 94111-3824 Attorneys for Defendants (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee. (BY MAIL) I placed a true copy of the foregoing document in a sealed envelope addressed to each interested party as set forth above. I placed each such envelope, with postage thereon fully prepaid, for collection and mailing at Bryan Cave LLP, Phoenix, AZ. I am readily familiar with Bryan Cave LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the ordinary course of business. (BY FEDERAL EXPRESS) I deposited in a box or other facility maintained by Federal Express, an express carrier service, or delivered to a courier or driver authorized by said express carrier service to receive documents, a true copy of the foregoing document, in an envelope designated by said express service carrier, with delivery fees paid or provided for. (BY FAX) I caused a true copy of the foregoing document to be served by facsimile transmission at the time shown on each attached transmission report from sending facsimile machine telephone number (602) 364-7070 to each interested party at the facsimile number shown above. Each transmission was reported as complete and without error. A transmission report was properly issued by the sending facsimile machine for each interested party served. A true copy of each such transmission report is attached hereto. Executed on May 4, 2007, at Phoenix, Arizona. I declare under penalty of perjury under the laws of the United States of America and the state of California that the foregoing is true and correct. s/Cathy Russell Cathy Russell 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 577990.1/0202261 3 ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?