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

Filing 346

ORDER: The Court will receive briefing on the following issues after the hearing: (1) the foreign trademarks at issue as they relate to liability, Plaintiff's Exhibit 21 as it relates to liability, and reliance on advice of counsel as it relat es to liability; and (2) damages and potential sanctions: Plaintiff's opening brief (not to exceed 35 pages) will be due by June 7, 2021. Defendants' opposition (not to exceed 35 pages) will be due June 14, 2021. The Court will accept only a single brief from Mr. Grandinetti and Ms. Stempien Coyle (not to exceed 15 pages) will be due by June 14, 2021. Plaintiff's reply (not to exceed 10 pages) will be due by June 21, 2021. Defendants' reply to Mr. Grandinetti and Ms. Stempien Coyle's brief (not to exceed 10 pages) will be due by June 21, 2021. No extensions will be granted absent extraordinary good faith, and no further briefing will be permitted. SO ORDERED., ( Cross Motions due by 6/21/2021., Motions due by 6/7/2021., Responses due by 6/14/2021, Replies due by 6/21/2021.) (Signed by Judge Kimba M. Wood on 5/27/2021) (ama)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------X PATSY’S BRAND, INC., Plaintiff, -against- USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: __________________ DATE FILED: May 27, 2021 99-CV-10175 (KMW) I.O.B. REALTY, INC., PATSY’S INC., FRANK BRIJA, JOHN BRECEVICH, and NICK TSOULOS, ORDER Defendants. -------------------------------------------------------X KIMBA M. WOOD, United States District Judge: The Court will receive briefing on the following issues after the hearing: (1) the foreign trademarks at issue as they relate to liability, Plaintiff’s Exhibit 21 as it relates to liability, and reliance on advice of counsel as it relates to liability; and (2) damages and potential sanctions: • Plaintiff’s opening brief (not to exceed 35 pages) will be due by June 7, 2021. • Defendants’ opposition (not to exceed 35 pages) will be due June 14, 2021. • The Court will accept only a single brief from Mr. Grandinetti and Ms. Stempien Coyle (not to exceed 15 pages) will be due by June 14, 2021. • Plaintiff’s reply (not to exceed 10 pages) will be due by June 21, 2021. • Defendants’ reply to Mr. Grandinetti and Ms. Stempien Coyle’s brief (not to exceed 10 pages) will be due by June 21, 2021. No extensions will be granted absent extraordinary good faith, and no further briefing will be permitted. SO ORDERED. Dated: New York, New York May 27, 2021 /s/ Kimba M. Wood KIMBA M. WOOD United States District Judge

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