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

Filing 118

ORDER by Judge Haywood S. Gilliam, Jr. Granting 116 Stipulation MODIFYING CASE SCHEDULE. (ndrS, COURT STAFF) (Filed on 5/25/2017)

1 ROSEMARIE T. RING (State Bar No. 220769)
[e-mail]
2 MALCOLM A. HEINICKE (State Bar No. 194174)
[e-mail]
3 AARON D. PENNEKAMP (State Bar No. 290550)
[e-mail]
4 MUNGER, TOLLES & OLSON LLP
560 Mission Street
5 Twenty-Seventh Floor
San Francisco, California 94105-2907
6 Telephone:
[phone]
Facsimile:
[phone]
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JONATHAN E. ALTMAN (State Bar No. 170607)
8 [e-mail]
WILLIAM LARSEN (State Bar No. 314091)
9 [e-mail]
MUNGER, TOLLES & OLSON LLP
10 350 South Grand Avenue
Fifth Floor
11 Los Angeles, California 90071-1560
Telephone:
[phone]
[phone]
12 Facsimile:
13 Attorneys for Gianni Versace, S.P.A and
Versace USA, Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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18 GIANNI VERSACE, S.P.A. and VERSACE
USA, Inc.
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Plaintiffs,
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vs.
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VERSACE 19.69 ABBIGLIAMENTO
22 SPORTIVO S.R.L., THEOFANIS PAPADAS,
V1969 VERSACE SMO LLC, V1969
23 VERSACE HG LLC, and V1969 USA LLC.
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Case No. 4:16-cv-03617-HSG
STIPULATION AND [PROPOSED]
ORDER MODIFYING CASE SCHEDULE

Defendants.

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Plaintiffs Gianni Versace, S.p.A. and Versace USA, Inc. (“Versace”), Defendants Versace

27 19.69 Abbigliamento Sportivo, S.r.l. and Theofanis Papadas (“VAS Defendants”), and Defendants
28 V1969 Versace SMO LLC, V1969 Versace HG LLC, and V1969 USA LLC (“Licensee
4:16-cv-03617-HSG
STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE

1 Defendants”) (collectively, “Parties”), by and through their respective counsel of record, hereby
2 stipulate and agree as follows:
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WHEREAS, on March 9, 2017, the Court issued a Scheduling Order setting this case for

4 trial on March 26, 2018, and related case deadlines, including the close of fact discovery which is
5 set for August 30, 2017. [Dkt No. 112];
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WHEREAS, lead counsel for Versace will be unavailable between August 7 and 25, 2017,

7 due to her wedding and honeymoon, and therefore respectfully requests that the close of fact
8 discovery be continued by one month until September 30, 2017, and is filing a declaration
9 concurrently herewith to explain why this scheduling issue was not raised with the Court before or
10 upon issuance of the Scheduling Order;
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WHEREAS, because the case deadlines in the Scheduling Order were compact and in light

12 of the intervening holiday season, even a relatively short, one-month extension of the fact
13 discovery deadline impacts the remaining case deadlines in a way that does not allow the Parties
14 sufficient time to prepare for, and the Court sufficient time to resolve, dispositive motions in
15 advance of a March 26, 2018 trial date;
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WHEREAS, counsel for Versace, the VAS Defendants and the Licensee Defendants have

17 met and conferred and have stipulated to the following schedule, subject to approval by the Court,
18 setting the case for trial on May 28, 2018, the pretrial conference for May 15, 2018, and the
19 dispositive motion hearing date for February 22, 2018—all dates which the Parties have confirmed
20 the Court’s availability with the Court’s Calendar Clerk and Courtroom Deputy;
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NOW THEREFORE, Versace, the VAS Defendants, and the Licensee Defendants hereby

22 agree to the following modified case schedule, subject to approval by the Court:
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Close of Fact Discovery
Exchange of Opening Expert Reports
Exchange of Rebuttal Expert Reports
Close of Expert Discovery
File Dispositive Motions
Dispositive Motion Hearing Deadline
Pretrial Conference
Jury Trial (10 days)

September 30, 2017
October 31, 2017
November 21, 2017
December 21, 2017
January 18, 2018
February 22, 2018, at 2:00 p.m.
May 15, 2018, at 8:30 a.m.
May 28, 2018, at 8:30 a.m.

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4:16-cv-03617-HSG
-2STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE

1 IT IS SO STIPULATED.
2 DATED: May 24, 2017

MUNGER, TOLLES & OLSON LLP

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By:
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/s/ Rosemarie T. Ring
Rosemarie T. Ring
Attorney for Gianni Versace, S.p.A. and Versace USA,
LLC

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DATED: May 24, 2017

MILLER STARR REGALIA

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By:

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/s/ David Harris_____________
David Harris
Attorney for Versace 19.69 Abbigliamento Sportivo,
S.r.L and Theofanis Papadas

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11 DATED: May 24, 2017

ADAM S. ROSSMAN, ESQ.

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By:

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/s/ Adam S. Rossman
___
Adam S. Rossman
Attorney for V1969 Versace SMO LLC,
V1969 Versace HG LLC, and V1969 USA LLC

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Pursuant to Civil Local Rule 5-1(ii)(3), the filer attests that concurrence in the filing of this

17 document has been obtained from each of the above signatories.
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4:16-cv-03617-HSG
-3STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE

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[PROPOSED] ORDER
Pursuant to the foregoing Stipulation and [Proposed] Order Modifying Case Schedule, and

3 for good cause shown, the Court sets the following case deadlines pursuant to Federal Rule of
4 Civil Procedure 16 and Civil Local Rule 16-10:
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Close of Fact Discovery
Exchange of Opening Expert Reports
Exchange of Rebuttal Expert Reports
Close of Expert Discovery
File Dispositive Motions
Dispositive Motion Hearing Deadline
Pretrial Conference
Jury Trial (10 days)

September 30, 2017
October 31, 2017
November 21, 2017
December 21, 2017
January 18, 2018
February 22, 2018, at 2:00 p.m.
May 15, 2018, at 8:30 a.m.
May 28, 2018, at 8:30 a.m.

11 IT IS SO ORDERED.
12
13 DATED: _______________________
5/25/2017
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____________________________________
Hon. Haywood S. Gilliam, Jr.

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4:16-cv-03617-HSG
-4STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE