Gianni Versace, S.p.A. et al v. Versace 19.69 Abbigliamento Sportivo SRL et al

Filing 63

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 62 Stipulation SETTING BRIEFING SCHEDULE FOR MOTIONS AND RELATED EXPEDITED DISCOVERY. Motion Hearing set for 2/23/2017 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 11/28/2016)

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1 ROSEMARIE T. RING (State Bar No. 220769) rose.ring@mto.com 2 MALCOLM A. HEINICKE (State Bar No. 194174) malcolm.heinicke@mto.com 3 MUNGER, TOLLES & OLSON LLP 560 Mission Street 4 Twenty-Seventh Floor San Francisco, California 94105-2907 5 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 6 MELINDA E. LEMOINE (State Bar No. 235670) 7 melinda.lemoine@mto.com MUNGER, TOLLES & OLSON LLP 8 355 South Grand Avenue Thirty-Fifth Floor 9 Los Angeles, California 90071-1560 Telephone: (213) 683-9100 10 Facsimile: (213)687-3702 11 Attorneys for Gianni Versace, S.P.A and Versace USA, Inc. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 GIANNI VERSACE, S.P.A. and VERSACE USA, Inc. 17 Plaintiffs, 18 vs. 19 VERSACE 19.69 ABBIGLIAMENTO 20 SPORTIVO S.R.L., THEOFANIS PAPADAS, V1969 VERSACE SMO LLC, V1969 21 VERSACE HG LLC, and V1969 USA LLC. 22 Case No. 3:16-cv-03617-HSG AMENDED JOINT STIPULATION AND ORDER SETTING BRIEFING SCHEDULE FOR MOTIONS AND RELATED EXPEDITED DISCOVERY Defendants. 23 24 25 26 27 28 AMENDED JOINT STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR BRIEFING AND EXPEDITED DISCOVERY CASE NO. 3:16-CV-03617-HSG 1 Plaintiffs Gianni Versace, S.p.A. and Versace USA, Inc. (“Versace”) and Defendants 2 Versace 19.69 Abbigliamento Sportivo, S.r.l. and Theofanis Papadas (“VAS Defendants”), by and 3 through their respective counsel of record, hereby stipulate and agree as follows: 4 WHEREAS, on October 26, 2016, the Court in the above-captioned action set a schedule 5 for briefing and expedited discovery on the VAS Defendants’ personal jurisdiction motion and 6 Versace’s preliminary injunction motion [Dkt No. 56] based on the parties’ October 21, 2016 7 stipulation [Dkt. No. 55]; 8 WHEREAS, under the schedule, the VAS Defendants were required to file their personal 9 jurisdiction motion by October 28, 2016 and to respond to jurisdictional discovery requests from 10 Versace, including the production of documents, by November 11, 2016, in advance of Versace’s 11 deadline to file its opposition by December 1, 2016; 12 WHEREAS, the hearing on the VAS Defendants’ personal jurisdiction motion is set for 13 December 22, 2016; 14 WHEREAS, on October 30, 2016, the parties agreed that they would each have an 15 additional day to serve and respond to Versace’s jurisdictional discovery requests; 16 WHEREAS, Versace served its jurisdictional discovery requests on the VAS Defendants 17 on November 1, including requests for production of documents under FRCP 34, interrogatories 18 under FRCP 33, and a deposition notice under FRCP 30(b)(6); 19 WHEREAS, on November 14, 2016, counsel for the VAS Defendants informed Versace’s 20 counsel that the VAS Defendants would not respond to Versace’s jurisdiction discovery requests 21 until some unspecified date after he returned from Greece on November 24, 2016; 22 WHEREAS, on November 15, 2016, Versace’s counsel informed counsel for the VAS 23 Defendants that this deviation from stipulated schedule was unacceptable given Versace’s 24 deadline to file its opposition on December 1, 2016; 25 WHEREAS, on November 18, 2016, counsel for the VAS Defendants responded by stating 26 that he was leaving for Greece on November 20, 2016, was returning on November 25, 2016, and 27 would “keep [Versace’s counsel] advised,” but again did not provide dates for production of 28 documents, answers to interrogatories, or a FRCP 30(b)(6) deposition; -2AMENDED JOINT STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR BRIEFING AND EXPEDITED DISCOVERY CASE NO. 3:16-CV-03617-HSG 1 WHEREAS, counsel for the VAS Defendants believes the VAS Defendants can produce 2 documents and answer interrogatories in response to Versace’s jurisdictional discovery requests 3 by December 9, 2016, and schedule a FRCP 30(b)(6) deposition by January 13, 2015; 4 WHEREAS, counsel for Versace and the VAS Defendants have met and conferred and, in 5 light of the above, have agreed to reschedule the hearing date and adjust the briefing schedule for 6 the VAS Defendants’ personal jurisdiction motion to allow for the completion of jurisdictional 7 discovery served by Versace on the VAS Defendants in advance of the deadline for Versace to file 8 its opposition; 9 WHEREAS, the VAS Defendants acknowledge that this amended schedule may need to be 10 amended again should it be necessary for Versace to file a motion to compel further documents, 11 answers and/or testimony relevant to the VAS Defendants’ personal jurisdiction motion; 12 WHEREAS, the VAS Defendants further acknowledge that Versace’s agreement to the 13 amended schedule set forth below will not be used to argue against the issuance or scope of a 14 preliminary injunction on grounds of delay or balance of the hardships; 15 WHEREAS, the parties agree that the schedule for briefing and a hearing on Versace’s 16 preliminary injunction motion as set by the October 26, 2016 order should remain in effect; 17 NOW THEREFORE, Versace and the VAS Defendants hereby agree to the following 18 amended schedule for the VAS Defendants’ personal jurisdiction motion and related jurisdictional 19 discovery, subject to approval by the Court: 20  VAS Defendants will produce documents and provide answers to Versace’s jurisdictional discovery by December 9, 2016;  VAS Defendants will produce a witness or witnesses for a FRCP 30(b)(6) deposition by January 13, 2017; 21 22 23  Versace will have until January 31, 2017 to file an opposition; 24  VAS Defendants will have until February 7, 2017 to reply; and 25  Hearing: February 23, 2017 at 2:00 p.m. 26 IT IS SO STIPULATED. 27 28 -3AMENDED JOINT STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR BRIEFING AND EXPEDITED DISCOVERY CASE NO. 3:16-CV-03617-HSG 1 DATED: November 23, 2016 MUNGER, TOLLES & OLSON LLP 2 By: 3 /s/Rosemarie T. Ring ROSEMARIE T. RING 4 Attorneys for Gianni Versace, S.P.A and Versace USA, Inc. 5 6 7 8 9 10 11 DATED: November 23, 2016 SFIKAS & KARAMBELAS LLP By: /s/Nicholas G. Karambelas NICHOLAS G. KARAMBELAS Attorneys for Versace 19.69 Abbigliamento Sportivo S.R.L. and Theofanis Papadas 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4AMENDED JOINT STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR BRIEFING AND EXPEDITED DISCOVERY CASE NO. 3:16-CV-03617-HSG 1 ORDER 2 Pursuant to the foregoing Stipulation Setting Briefing Schedule For Motions And Related 3 Expedited Discovery, and good cause appearing: 4 The VAS Defendants’ personal jurisdiction motion and related jurisdictional discovery 5 shall proceed as follows: 6  VAS Defendants will produce documents and provide answers to Versace’s jurisdictional discovery by December 9, 2016;  VAS Defendants will produce a witness or witnesses for a FRCP 30(b)(6) deposition by January 13, 2017; 7 8 9  Versace will have until January 31, 2017 to file an opposition; 10  VAS Defendants will have until February 7, 2017 to reply; and 11  Hearing: February 23, 2017 at 2:00 p.m. 12 PURSUANT TO STIPULATION, IT IS SO ORDERED. 13 14 15 DATED: 11/28/2016 ____________________________________ Hon. Haywood S. Gilliam, Jr. 16 17 18 19 20 21 22 23 24 25 26 27 28 -5AMENDED JOINT STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR BRIEFING AND EXPEDITED DISCOVERY CASE NO. 3:16-CV-03617-HSG

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