Patsy's Brand, Inc. v. I.O.B. Realty, Inc., et al

Filing 311

ORDER: The Court sets the following schedule for the continued evidentiary hearing, which will take place virtually via Zoom: Mr. Brija's testimony shall resume on May 24, 2021 at 10:00 a.m. Mr. Grandinetti's testimony shall follow as time permits. The hearing shall continue on May 25, 2021 at 10:00 a.m. Following Mr. Grandinetti's testimony, Ms. Stempien Coyle shall testify. The witnesses and parties shall be available on May 26, 2021 at 10:00 a.m. and May 27, 2021, at 10:00 a .m. to complete any unfinished testimony. The Court does not believe that these two days are necessary, but is calendaring these days to ensure that the hearing will be completed before June 2021. Absent extraordinary good cause, the Court will not adjourn the evidentiary hearingagain. A post-hearing briefing schedule shall be set at the conclusion of the evidentiary hearing. And as set forth herein. The Court reminds the parties that it will hear only testimony regarding reliance on advice of counsel as it relates to damages and sanctions, and potentially liability. SO ORDERED., ( Evidentiary Hearing set for 5/25/2021 at 10:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 4/24/2021) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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PATSY’S BRAND, INC.,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __________________
DATE FILED: April 24, 2021

Plaintiff,
-against-

99-CV-10175 (KMW)

I.O.B. REALTY, INC., PATSY’S INC.,
FRANK BRIJA, JOHN BRECEVICH, and
NICK TSOULOS,

ORDER

Defendants.
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KIMBA M. WOOD, United States District Judge:
The Court sets the following schedule for the continued evidentiary hearing, which will
take place virtually via Zoom:
•

Mr. Brija’s testimony shall resume on May 24, 2021 at 10:00 a.m.

Mr.

Grandinetti’s testimony shall follow as time permits.
•

The hearing shall continue on May 25, 2021 at 10:00 a.m.

Following Mr.

Grandinetti’s testimony, Ms. Stempien Coyle shall testify.
•

The witnesses and parties shall be available on May 26, 2021 at 10:00 a.m. and
May 27, 2021, at 10:00 a.m. to complete any unfinished testimony.

The Court

does not believe that these two days are necessary, but is calendaring these days
to ensure that the hearing will be completed before June 2021.

Absent

extraordinary good cause, the Court will not adjourn the evidentiary hearing
again.
•

A post-hearing briefing schedule shall be set at the conclusion of the evidentiary
hearing.

•

Mr. Grandinetti is Ordered to submit an affidavit containing the text of his direct
testimony no later than May 3, 2021.

(See February 21, 2021 Order, ECF No.

271; Feb. 19, 2021 Tr. at 26, 59.)
In order to promote efficiency in the hearing, the parties are Ordered to submit, no later
than May 7, 2021:
1. A summary of each witness’s testimony to date.
2. An affidavit from Mr. Brija, Mr. Grandinetti, and Ms. Stempien Coyle
summarizing their prospective testimony.
3. An estimate of the amount of time each party will spend examining each witness;
4. A joint plan concerning the logistics of the hearing.

The joint plan should

include information on how witnesses will receive and review documents and
other relevant and necessary protocols for the virtual hearing. The parties and
witnesses are directed to test their microphones and video and to familiarize
themselves with the relevant Zoom functions prior to the hearing.
5. Three physical sets of all documents that may be used in connection with any
witness testimony or offered into evidence during the hearing.

The documents

must be organized in binders (with a table of contents) and printed in color and in
high resolution (if possible).

An electronic copy of the binder(s) also must be

emailed to chambers, copying all relevant counsel.

Both the electronic and

physical copies must be properly labeled and received by May 7, 2021.
6. Three physical sets of the trademarks and trade dresses (along with any other
relevant attachments) that were at issue when (1) Judge Martin granted Plaintiff
summary judgment on its trademark claims on February 21, 2001 and (2) Judge
Martin found defendants in contempt of Court on August 27, 2002. The
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documents must be organized in binders (with a table of contents) and printed in
color and in high resolution (if possible).

An electronic copy of the binder(s)

also must be emailed to chambers, copying all relevant counsel. Both the
electronic and physical copies must be properly labeled and received by May 7,
2021.
The Court reminds the parties that it will hear only testimony regarding reliance on
advice of counsel as it relates to damages and sanctions, and potentially liability.

SO ORDERED.
Dated: New York, New York
April 24, 2021

/s/ Kimba M. Wood
KIMBA M. WOOD
United States District Judge

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