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Gianni Versace, S.P.A. v. Versace 19.69 Abbigliamento Sportivo, S.R.L., 4:16-cv-03617-HSG (LB). (2019)

Court: District Court, N.D. California Number: infdco20190214b84 Visitors: 15
Filed: Feb. 13, 2019
Latest Update: Feb. 13, 2019
Summary: STIPULATION AND [PROPOSED] SCHEDULING ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiffs Gianni Versace, S.p.A. and Versace USA, Inc. ("Versace") and Defendants Versace 19.69 Abbigliamento Sportivo, S.r.l. and Theofanis Papadas (collectively, "Versace 19.69," and together with Versace, the "Parties"), through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, on July 24, 2018, the Court entered an order granting Versace's motion for summary j
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STIPULATION AND [PROPOSED] SCHEDULING ORDER

Plaintiffs Gianni Versace, S.p.A. and Versace USA, Inc. ("Versace") and Defendants Versace 19.69 Abbigliamento Sportivo, S.r.l. and Theofanis Papadas (collectively, "Versace 19.69," and together with Versace, the "Parties"), through their respective counsel of record, hereby stipulate and agree as follows:

WHEREAS, on July 24, 2018, the Court entered an order granting Versace's motion for summary judgment, finding that a "permanent injunction is warranted," and scheduling a case management conference to discuss "a schedule for a bench trial regarding the amount of money appropriately awarded in the form of infringer's profits," (ECF No. 261 at 30, 32);

WHEREAS, on August 27, 2018, the Court entered an order scheduling a bench trial to commence on February 25, 2019, "regarding the amount of money appropriately awarded in the form of infringer's profits," (ECF No. 267 at 2);

WHEREAS, on January 2, 2019, the Court entered a permanent injunction, enjoining Versace 19.69 from, inter alia, "licensing or otherwise inducing any persons to use any Infringing Marks in the United States," (ECF No. 275 at 3);

WHEREAS, on January 10, 2019, the Court entered an order continuing the trial date in this case (ECF No. 281);

WHEREAS, on February 1, 2019, Versace 19.69 filed a notice of appeal, appealing the Permanent Injunction Order and Order Granting Versace's Motion for Summary Judgment (ECF No. 287);

WHEREAS, on February 6, 2019, the Court directed the Parties to meet and confer regarding a schedule that would resolve this case before June 2019, and to submit a stipulation and proposed order to the Court (ECF No. 290);

WHEREAS, the Parties are continuing to discuss whether they can resolve this case without the need for a trial;

NOW, THEREFORE, the Parties agree to the following, subject to the Court's approval:

1. The Parties are continuing to discuss whether they can resolve this case without the need for a trial, and will update the Court regarding any progress in those discussions.

2. The Parties agree to the following schedule, subject to the Court's approval and availability:

Date Event Tuesday, April 2, 2019 Parties to exchange exhibit lists, witness lists, and deposition designations Tuesday, April 2, 2019 Parties to meet and confer re pretrial filings Tuesday, April 9, 2019 Parties to file opening motions in limine Tuesday, April 16, 2019 Parties to file opposition to motions in limine 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 Trial Commences convenience1

IT IS SO STIPULATED.

ECF ATTESTATION

I, William Larsen, am the ECF user whose account is being used to file this document. In accordance with Civil Local Rule 5-1(i)(2), I attest that concurrence in the filing of this document has been obtained from all signatories.

[PROPOSED] ORDER

Pursuant to the foregoing stipulation between Plaintiffs Gianni Versace, S.p.A. and Versace USA, Inc. ("Versace") and Defendants Versace 19.69 Abbigliamento Sportivo, S.r.l. and Theofanis Papadas ("VAS Defendants," collectively, the "Parties"), and good cause appearing, the Court hereby ORDERS:

1. The Parties shall promptly inform the Court if they are able to reach agreement to resolve this action without the need for a trial.

2. The Court enters the following schedule:

Date Event Tuesday, April 2, 2019 Parties to exchange exhibit lists, witness lists, and deposition designations Tuesday, April 2, 2019 Parties to meet and confer re pretrial filings Tuesday, April 9, 2019 Parties to file opening motions in limine Tuesday, April 16, 2019 Parties to file opposition to motions in limine Tuesday, April 16, 2019 Parties to file joint pretrial statement and trial briefs Tuesday, April 30, 2019 at 3:00 p.m. Final Pretrial Conference Monday, May 13, 2019 at 8:30 a.m. Trial Commences

IT IS SO ORDERED.

FootNotes


1. Counsel for Versace 19.69 is unavailable from May 20 to May 22 due to pre-planned attendance at a professional conference.
Source:  Leagle

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