Bill Graham Archives LLC v. Zeidan et al

Filing 28

STIPULATION AND ORDER, Motions terminated: 4 MOTION for Temporary Restraining Order filed by Bill Graham Archives LLC.. Signed by Judge ARMSTRONG on 11/28/11. (lrc, COURT STAFF) (Filed on 11/28/2011)

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Michael S. Elkin (pro hac vice application pending)
Thomas Patrick Lane (pro hac vice application pending)
WINSTON & STRAWN LLP
200 Park Avenue
New York, New York 10166
[e-mail]
[e-mail]
Telephone:
[phone]
Facsimile:
[phone]

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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Jennifer A. Golinveaux (SBN: 203056)
J. Caleb Donaldson (SBN: 257271)
WINSTON & STRAWN LLP
101 California Street
[e-mail]
[e-mail]
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
BILL GRAHAM ARCHIVES LLC
D/B/A WOLFGANG’S VAULT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BILL GRAHAM ARCHIVES LLC, d/b/a
WOLFGANG’S VAULT

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Plaintiff,
v.

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MARWAN ZEIDAN d/b/a THE POSTER
SHOP CAFÉ; HAIGHT ASHBURY
POSTERS, INC., a California Corporation;
AFTERTHOUGHT ENTERPRISES; and
DOES 1-25.

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Defendants.

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Case No. 11-cv-4916 SBA
JOINT STIPULATION AND ORDER

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WHEREAS, Counsel for Bill Graham Archives LLC (“BGA”), on the one hand, and

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Marwan Zeidan (“Zeidan”) and Haight Ashbury Posters, Inc. (“HAP”) (both collectively the “U.S.

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Defendants”), on the other hand, have conferred regarding preliminary relief in this matter;
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JOINT STIPULATION AND [PROPOSED] ORDER

Case No. 11-cv-4916 SBA

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WHEREAS, BGA has filed this lawsuit to enforce its copyrights in concert posters (“BGA

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concert posters”), including but not limited to those identified in Exhibit B to the Declaration of

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Katherine York in support of Plaintiff’s Motion for TRO, Docket No. 7, filed in support of BGA’s ex

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parte Motion for Temporary Restraining Order and Order to Show Cause Why a Preliminary

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Injunction Should Not Issue, Docket No. 4 (“Motion for TRO”);

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WHEREAS, the U.S. Defendants represent that they purchased certain posters for display

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and sale without knowledge of the unauthorized reproduction that BGA claims violates its

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copyrights;

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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NOW THEREFORE, BGA and the U.S. Defendants hereby stipulate as follows pending
resolution of this litigation:
Immediately upon execution of this stipulation, and until this litigation is resolved, the U.S.

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Defendants shall cease buying, selling, displaying or otherwise distributing any unauthorized

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reproductions of the posters that BGA identifies for the U.S. Defendants;

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Within five business days of execution of this stipulation--or, promptly upon discovering any

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such document in the future--the U.S. Defendants shall provide BGA’s counsel with a copy of any

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catalogue that lists, displays, or offers for sale unauthorized reproductions of BGA concert posters

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(including without limitation those identified by BGA) on any products, including without limitation

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posters or stickers, to the extent the U.S. Defendants have not done so already;

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Within five business days of execution of this stipulation, the U.S. Defendants shall permit a

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BGA representative to view its entire inventory (including without limitation posters, stickers, and

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t-shirts) at U.S. Defendants business operations, including: Haight Ashbury Posters at 1448 Haight

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Street, San Francisco, CA, and The Poster Shop Café at 1821 Haight Street, San Francisco, CA, and

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any other location where the U.S. Defendants store inventory. This inspection shall begin at

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8:00 a.m. on a mutually convenient date within the specified time frame, and shall last no longer

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than one hour. In the unlikely event that more than one hour is required to complete this procedure,

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the inspection shall resume immediately following the respective business’s hours of operations.

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During this inspection, the BGA representative may make an inventory of unauthorized

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reproductions of BGA concert posters in the possession of the U.S. Defendants, if any;
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JOINT STIPULATION AND [PROPOSED] ORDER

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If, following this inventory, BGA identifies any additional unauthorized reproductions of the

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BGA concert posters, the U.S. Defendants shall promptly, and no later than within two business

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days, upon notice thereof cease buying and displaying, and shall refrain from selling or otherwise

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distributing, such unauthorized reproductions.

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The U.S. Defendants shall preserve all evidence of display, transfer, purchase or sale of any

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unauthorized reproductions of BGA concert posters, including without limitation all invoices,

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packing slips, sales receipts, correspondence or other communications with Afterthought or any

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other supplier of reproductions of the BGA concert posters; the unauthorized reproductions

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themselves; and any other documents relevant to this lawsuit pending its outcome.

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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This stipulation resolves the relief requested by Plaintiff in its pending ex parte motion for

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temporary restraining order (Dkt. 4) as to the U.S. Defendants. In the past several days Plaintiff has

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been able to locate and complete service on Defendant Afterthought Enterprises. Plaintiff will file

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proofs reflecting this service and a new proposed order on its pending ex parte motion for temporary

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restraining order addressing relief as to Defendant Afterthought Enterprises.

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This stipulation notwithstanding, BGA specifically reserves all rights and remedies available

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to it pending a final resolution of this litigation.

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Dated: November 21, 2011

WINSTON & STRAWN LLP

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By:

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Attorneys for Plaintiff

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/s/
Jennifer A. Golinveaux

Dated: November 21, 2011

HAAPALA THOMPSON & ABERN, LLP

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By:

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/s/
Benjamin Thompson
Attorneys for Defendants
Haight Ashbury Poster Shop, Inc. and
Marwan Zeidan
d/b/a Poster Shop Café

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JOINT STIPULATION AND [PROPOSED] ORDER

Case No. 11-cv-4916 SBA

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I, Jennifer A. Golinveaux, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
concurrence to the filing of this document has been obtained from each signatory hereto.
By:

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/s/
Jennifer A. Golinveaux

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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JOINT STIPULATION AND [PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

11/28/11
The Honorable Saundra Brown Armstrong
United States District Court Judge

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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JOINT STIPULATION AND [PROPOSED] ORDER

Case No. 11-cv-4916 SBA