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

Filing 292

ORDER by Judge Haywood S. Gilliam, Jr. Granting 291 Stipulation Setting a Case Schedule. Motions due by 4/9/2019; Responses due by 4/16/2019; Pretrial Conference set for 4/30/2019 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Jury Selection / Jury Trial set for 5/13/2019 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 2/13/2019)

1 ROSEMARIE T. RING (CA SBN 110840)
[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]
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ZACHARY M. BRIERS (CA SBN 287984)
8 [e-mail]
WILLIAM LARSEN (CA SBN 314091)
9 [e-mail]
MUNGER, TOLLES & OLSON LLP
10 350 South Grand Avenue
Fiftieth Floor
11 Los Angeles, California 90071-1560
Tel: [phone] / Fax: [phone]
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Attorneys for GIANNI VERSACE, S.P.A. and
13 VERSACE USA, INC.

OTTO O. LEE (CA SBN 173987)
[e-mail]
KEVIN VIAU (CA SBN 275556)
[e-mail]
LEILA N. SOCKOLOV (CA SBN 282946)
[e-mail]
INTELLECTUAL PROPERTY LAW GROUP
LLP
1871 The Alameda, Suite 250
San Jose, CA 95126
Tel: [phone] / Fax: [phone]
Attorneys for VERSACE 19.69
ABBIGLIAMENTO SPORTIVO SRL and
THEOFANIS PAPADAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

17 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
21 SPORTIVO, S.R.L, THEOFANIS PAPADAS,
SUSAN VALERO, VALERO
22 ENTERPRISES, INC., BRILLIANCE NEW
YORK LLC, V1969 BH LLC, V1969
23 VERSACE SMO LLC, V1969 VERSACE HG
LLC, AND V1969 USA LLC,
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Defendants.
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Case No. 4:16-cv-03617-HSG (LB)
STIPULATION AND [PROPOSED]
SCHEDULING ORDER

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4:16-cv-03617-HSG (LB)
STIPULATION AND PROPOSED ORDER

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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 (collectively, “Versace
3 19.69,” and together with Versace, the “Parties”), through their respective counsel of record,
4 hereby stipulate and agree as follows:
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WHEREAS, on July 24, 2018, the Court entered an order granting Versace’s motion for

6 summary judgment, finding that a “permanent injunction is warranted,” and scheduling a case
7 management conference to discuss “a schedule for a bench trial regarding the amount of money
8 appropriately awarded in the form of infringer’s profits,” (ECF No. 261 at 30, 32);
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WHEREAS, on August 27, 2018, the Court entered an order scheduling a bench trial to

10 commence on February 25, 2019, “regarding the amount of money appropriately awarded in the
11 form of infringer’s profits,” (ECF No. 267 at 2);
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WHEREAS, on January 2, 2019, the Court entered a permanent injunction, enjoining

13 Versace 19.69 from, inter alia, “licensing or otherwise inducing any persons to use any Infringing
14 Marks in the United States,” (ECF No. 275 at 3);
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WHEREAS, on January 10, 2019, the Court entered an order continuing the trial date in

16 this case (ECF No. 281);
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WHEREAS, on February 1, 2019, Versace 19.69 filed a notice of appeal, appealing the

18 Permanent Injunction Order and Order Granting Versace’s Motion for Summary Judgment (ECF
19 No. 287);
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WHEREAS, on February 6, 2019, the Court directed the Parties to meet and confer

21 regarding a schedule that would resolve this case before June 2019, and to submit a stipulation and
22 proposed order to the Court (ECF No. 290);
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WHEREAS, the Parties are continuing to discuss whether they can resolve this case

24 without the need for a trial;
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NOW, THEREFORE, the Parties agree to the following, subject to the Court’s approval:

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1.

The Parties are continuing to discuss whether they can resolve this case without the

27 need for a trial, and will update the Court regarding any progress in those discussions.
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-2STIPULATION AND PROPOSED ORDER

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

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2.

The Parties agree to the following schedule, subject to the Court’s approval and

2 availability:
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Date

Event

Tuesday, April 2, 2019

Parties to exchange exhibit lists, witness lists, and
deposition designations

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Tuesday, April 2, 2019

Parties to meet and confer re pretrial filings

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Tuesday, April 9, 2019

Parties to file opening motions in limine

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Tuesday, April 16, 2019

Parties to file opposition to motions in limine

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Tuesday, April 16, 2019

Parties to file joint pretrial statement and trial briefs

Tuesday, April 30, 2019

Final Pretrial Conference

TBD at the Court's
convenience 1

Trial Commences

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IT IS SO STIPULATED

16 DATED: February 12, 2019

MUNGER, TOLLES & OLSON LLP

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By:

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/s/Rosemarie T. Ring
Rosemarie T. Ring
Attorneys for Gianni Versace, S.p.A. and Versace
USA, Inc.

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DATED: February 12, 2019

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INTELLECTUAL PROPERTY LAW GROUP LLP
By:

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/s/Otto O. Lee _____________
Otto O. Lee
Attorneys for Versace 19.69 Abbigliamento Sportivo,
S.r.L and Theofanis Papadas

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Counsel for Versace 19.69 is unavailable from May 20 to May 22 due to pre-planned attendance
at a professional conference.
-3STIPULATION AND PROPOSED ORDER

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

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ECF ATTESTATION
I, William Larsen, am the ECF user whose account is being used to file this document. In

3 accordance with Civil Local Rule 5-1(i)(2), I attest that concurrence in the filing of this document
4 has been obtained from all signatories.
5
6 DATED: February 12, 2019

MUNGER, TOLLES & OLSON LLP

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By:

/s/ William Larsen

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-4STIPULATION AND PROPOSED ORDER

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

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[PROPOSED] ORDER

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Pursuant to the foregoing stipulation between Plaintiffs Gianni Versace, S.p.A. and

3 Versace USA, Inc. (“Versace”) and Defendants Versace 19.69 Abbigliamento Sportivo, S.r.l. and
4 Theofanis Papadas (“VAS Defendants,” collectively, the “Parties”), and good cause appearing, the
5 Court hereby ORDERS:
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1.

The Parties shall promptly inform the Court if they are able to reach agreement to

7 resolve this action without the need for a trial.
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2.

The Court enters the following schedule:

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Date

Event

Tuesday, April 2, 2019

Parties to exchange exhibit lists, witness lists, and
deposition designations

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Tuesday, April 2, 2019

Parties to meet and confer re pretrial filings

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Tuesday, April 9, 2019

Parties to file opening motions in limine

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Tuesday, April 16, 2019

Parties to file opposition to motions in limine

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Tuesday, April 16, 2019

Parties to file joint pretrial statement and trial briefs

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Tuesday, April 30, 2019 at 3:00 p.m.

Final Pretrial Conference

____________________
Monday, May 13, 2019 at 8:30 a.m.

Trial Commences

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20 IT IS SO ORDERED.
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DATED: February 13, 2019
___, 2019

Honorable Haywood S. Gilliam Jr.
United States District Judge

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-5STIPULATION AND PROPOSED ORDER

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