Gucci America, Inc. v. Golden Harvest Investment and Trading Inc et al

Filing 57

ORDER re 54 Certificate of Counsel re Alternatively to Continue Certification Deadline, filed by Gucci America, Inc. (beS, COURT STAFF) (Filed on 12/17/2013)

1
2
3
4

KENNETH E. KELLER (SBN 71450) [e-mail]
ANNE E. KEARNS (SBN 183336) [e-mail]
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]

5

Attorneys for Plaintiff GUCCI AMERICA, INC.
6
7
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18
19
20
21
22

GUCCI AMERICA, INC., a New York
corporation,

)
)
)
Plaintiff,
)
v.
)
)
GOLDEN HARVEST INVESTMENT AND
)
TRADING INC., a California corporation, TNL )
a/k/a T & L T SHIRT, an entity of unknown
)
make-up, CYNTHIA CHAN KING, an
)
individual, d/b/a CHANS ART & GIFTS d/b/a )
CHAN & ART & GIFTS d/b/a CHAN’S ART )
& GIFTS d/b/a CHAN ART GIFTS, DOE 1
)
doing business at 615 GRANT AVENUE, an
)
entity of unknown make-up, and DOES 1-10,
)
)
Defendant(s).
)
)
)

Case Number: C 13-1197-CRB

CERTIFICATION THAT THE
AGREED CONSIDERATION FOR
SETTLEMENT HAS NOT BEEN
DELIVERED IN FULL; REQUEST TO
RESTORE CASE TO CALENDAR, OR
ALTERNATIVELY, TO CONTINUE
CERTIFICATION DEADLINE; ORDER

23
24
25
26
27
28

1
CERTIFICATION THAT THE AGREED CONSIDERATION FOR SETTLEMENT HAS NOT BEEN DELIVERED
IN FULL; REQUEST TO RESTORE CASE TO CALENDAR, OR ALTERNATIVELY, TO CONTINUE
CERTIFICATION DEADLINE; [PROPOSED] ORDER
CASE NO.: C13-1197 CRB

Pursuant to this Court’s Order of Dismissal, dated October 31, 2013 [ECF 52], Plaintiff

1
2

GUCCI AMERICA, INC. (“Plaintiff”) hereby certifies that the agreed upon consideration has not

3

been delivered by Defendant TNL a/k/a T & L T SHIRT and Defendant GOLDEN HARVEST

4

INVESTMENT AND TRADING INC. Plaintiff therefore requests that this case be restored to

5

calendar as against those defendants. Alternatively, Plaintiff asks this Court to continue the deadline

6

for certification 30 days to give the parties time to complete payment of the settlement.
Specifically, Defendant TNL a/k/a T & L T SHIRT has not agreed to or signed a settlement

7
8

agreement and has not delivered any payment pursuant to the terms of that agreement.
Plaintiff and Defendant GOLDEN HARVEST INVESTMENT AND TRADING INC. have

9
10

agreed to the terms of a settlement agreement, but have not yet executed the agreement or exchanged

11

consideration pursuant to the terms of that agreement. However, the parties expect the settlement

12

agreement to be signed and the consideration therefor to be exchanged within the next 14 days.

13

Plaintiff and Defendant CYNTHIA CHAN KING an individual, d/b/a CHANS ART &

14

GIFTS d/b/a CHAN & ART & GIFTS d/b/a CHAN’S ART & GIFTS d/b/a CHAN ART GIFTS

15

have signed a settlement agreement and exchanged the required consideration.

16
17

KELLER, SLOAN, ROMAN & HOLLAND LLP

DATED: November 29, 2013

18

By:

19
20
21
22
23
24
25

/S/
ANNE E. KEARNS
Attorneys for Plaintiff
GUCCI AMERICA, INC.

///
///
///
///

26
27
28

2
CERTIFICATION THAT THE AGREED CONSIDERATION FOR SETTLEMENT HAS NOT BEEN DELIVERED
IN FULL; REQUEST TO RESTORE CASE TO CALENDAR, OR ALTERNATIVELY, TO CONTINUE
CERTIFICATION DEADLINE; [PROPOSED] ORDER
CASE NO.: C13-1197 CRB

ORDER

1

52] to thirty (30) days from the date of this order.

Dated: Dec. 17, 2013

NO

8

UNITED STATES DISTRICT JUDGE
. Breyer
harles R
Judge C

RT

9

FO

7

DERED
SO OR
IT IS
THE HONORABLE CHARLES R. BREYER
R NIA

6

UNIT
ED

IT IS SO ORDERED.

S DISTRICT
TE
C
TA

RT
U
O

5

S

4

H

ER

LI

3

The Court hereby continues the date for certification set forth in its Order of Dismissal [ECF

10
11

A

2

N

F
D IS T IC T O
R

C

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
CERTIFICATION THAT THE AGREED CONSIDERATION FOR SETTLEMENT HAS NOT BEEN DELIVERED
IN FULL; REQUEST TO RESTORE CASE TO CALENDAR, OR ALTERNATIVELY, TO CONTINUE
CERTIFICATION DEADLINE; [PROPOSED] ORDER
CASE NO.: C13-1197 CRB