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

Filing 195

STIPULATION AND ORDER REGARDING 192 SEPTEMBER 27, 2017 JOINT LETTER BRIEF.. Signed by Judge Laurel Beeler on 09/28/2017. (ejkS, COURT STAFF) (Filed on 9/28/2017)

1 ROSEMARIE T. RING (CA SBN 220769)
[e-mail]
2 CAROLYN HOECKER LUEDTKE
(CA SBN 207976)
3 [e-mail]
AARON D. PENNEKAMP (CA SBN 290550)
4 [e-mail]
MUNGER, TOLLES & OLSON LLP
5 560 Mission Street
Twenty-Seventh Floor
6 San Francisco, CA 94105-2907
Tel.: [phone] / Fax: [phone]
7
8 Attorneys for GIANNI VERSACE, S.P.A. and
VERSACE USA, INC.
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10

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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13

GIANNI VERSACE, S.P.A. and VERSACE
14 USA, Inc.
Plaintiffs,

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16

Case No. 4:16-cv-03617-HSG (LB)
STIPULATED [PROPOSED] ORDER
REGARDING SEPTEMBER 27, 2017
JOINT LETTER BRIEF

vs.

17 VERSACE 19.69 ABBIGLIAMENTO
SPORTIVO S.R.L., THEOFANIS PAPADAS,
18 SUSAN VALERO, VALERO
ENTERPRISES, INC., BRILLIANCE NEW
19 YORK LLC, V1969 BH LLC, V1969
VERSACE SMO LLC, V1969 VERSACE HG
20 LLC, and V1969 USA LLC.
21

Defendants.

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23

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

24 Versace 19.69 Abbigliamento Sportivo S.r.l. and Theofanis Papadas (“VAS Defendants”) filed a
25 joint letter brief on September 27, 2017 addressing four issues in discovery: a) VAS Defendants’
26 insufficient production and production in a not reasonably usable form; b) VAS Defendants’
27 insufficient answers to Versace’s Second Interrogatories; c) extension of discovery for Versace;
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4:16-cv-03617-HSG (LB)
[PROPOSED] ORDER

1 and d) Versace’s deposition of Theofanis Papadas and 30(b)(6) deposition of Versace 19.69. See
2 Docket No. 192.
3

The Court resolved issues b) and c) in its September 27, 2017 order. See Docket No. 193.

4 In this order, the Court also required the parties to meet and confer for 45 minutes prior to the
5 scheduled discovery hearing on September 28. The parties have done so, and have reached a
6 number of agreements set forth below.
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Pursuant to those agreements, the Court hereby ORDERS as follows:

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A.

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VAS Defendants’ Document Production
1.

All future productions by the VAS Defendants will be made with sufficient

10 metadata to constitute a “reasonably usable form” of production under Fed. R. Civ. P. 34 or they
11 will be produced in the ordinary course of how the documents are kept, such as in native form.
12 Versace has agreed that within reason, if the VAS Defendants produce raw native documents to
13 Versace, Versace will Bates number the documents for the VAS Defendants using a discovery
14 vendor.
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2.

VAS Defendants shall produce all documents responsive to Versace’s

16 Second Requests for Production, and a privilege log if applicable, by 5pm Pacific on October 6,
17 2017. In addition to ensuring that this production includes all documents responsive to the Second
18 Set of Requests for Production, this production must address the examples of deficiencies outlined
19 in Exhibit A to the Mendoza Supplemental Declaration (Docket No. 188-2) and the example of
20 deficiencies related to Mr. Dimitriou as outlined in the Luedtke Declaration (Docket No. 188-1).
21 The production shall also address other holes in the prior productions that are identified when the
22 process of review and collection is evaluated in light of those examples of deficiencies.
23

3.

VAS Defendants shall provide a declaration from counsel or the client by

24 October 6 that describes the process of collecting, reviewing, and producing documents responsive
25 to Versace’s Second Requests for Production. This declaration must contain sufficient detail to
26 help the parties assess whether this process has been appropriate to identify all responsive
27 documents. This declaration should include a description of the process used to find the
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-1[PROPOSED] ORDER

4:16-cv-03617-HSG (LB)

1 documents identified in the Mendoza Supplemental Declaration (Docket No. 188-2), as well as an
2 overview of the collection and search process VAS Defendants employed throughout discovery.
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4.

Versace preserves its rights to seek sanctions and fees related to the above

4 or any other discovery issue it has raised to the Court.
5

C.

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Versace’s Depositions
5.

D.

The parties agree that Versace may take 14 depositions.

Deposition of Theofanis Papadas and Versace 19.69
6.

VAS Defendants offered Milan as a compromise location for Versace’s

9 deposition of Theofanis Papadas and 30(b)(6) deposition of Versace 19.69. Versace agrees to this
10 compromise. The Court thus orders that the deposition of Mr. Papadas and the Versace 19.69
11 Rule 30(b)(6) deposition shall proceed on October 25-27, 2017 in Milan, Italy.
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13 IT IS SO ORDERED.
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15
16 DATED: September 28, 2017
17

Honorable Judge Laurel Beeler
United States Magistrate Judge

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19 IT IS SO STIPULATED
20 DATED: September 28, 2017

MUNGER, TOLLES & OLSON LLP

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By:

/s/ Carolyn Hoecker Luedtke
CAROLYN HOECKER LUEDTKE
Attorneys for Plaintiffs

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DATED: September 28, 2017
By:

/s/ Gerald F. Dunne
GERALD F. DUNNE
Attorneys for the VAS Defendants

27 Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this
document has been obtained from each of the above signatories.
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-2[PROPOSED] ORDER

4:16-cv-03617-HSG (LB)