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Gianni Versace, S.P.A. v. Versace 19.69 Abbigliamento Sportivo, S.R.L., 4:16-cv-03617-HSG (LB). (2018)

Court: District Court, N.D. California Number: infdco20180828a61 Visitors: 8
Filed: Aug. 27, 2018
Latest Update: Aug. 27, 2018
Summary: STIPULATION AND ORDER REGARDING PROCESS FOR RESOLUTION OF PROVISIONS OF PERMANENT INJUNCTION AND REVISED TRIAL DATE 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 ("VAS Defendants," and collectively, the "Parties"), through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, on July 24, 2018, the Court issued a Mem
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STIPULATION AND ORDER REGARDING PROCESS FOR RESOLUTION OF PROVISIONS OF PERMANENT INJUNCTION AND REVISED TRIAL DATE

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," and collectively, the "Parties"), through their respective counsel of record, hereby stipulate and agree as follows:

WHEREAS, on July 24, 2018, the Court issued a Memorandum Opinion and Order in the above-captioned action, granting Plaintiff's motion for summary judgment, finding that a permanent injunction is warranted, and setting a case management conference "to discuss: (1) the particular provisions to be included in the permanent injunction; and (2) a schedule for a bench trial regarding the amount of money appropriately awarded in the form of infringer's profits," (ECF No. 261 at 32);

WHEREAS, on August 14, 2018, the Court held a case management conference, in which the Court ordered the parties to meet and confer regarding potential modifications to the proposed permanent injunction, and to submit by August 24, 2018, a "proposal for resolution of any remaining issues and a stipulation and proposed order regarding a revised trial date," (ECF No. 264);

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

1. The Parties shall continue to meet and confer regarding the proposed permanent injunction;

2. If the Parties are unable to resolve any dispute regarding specific provisions of the permanent injunction, they shall submit briefing to the Court regarding the dispute according the following schedule:

a. Versace's Opening Brief: October 8, 2018; b. VAS Defendants' Responsive Brief: October 29, 2018; c. Versace's Reply Brief: November 19, 2018.

3. If the Court finds it appropriate, the Court shall hold a hearing to discuss the Parties' respective positions;

4. The bench trial regarding the amount of money appropriately awarded in the form of infringer's profits shall commence on February 25, 2019.

IT IS SO STIPULATED

ECF ATTESTATION

I, Zachary Briers, 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.

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 continue to meet and confer regarding potential modifications to the proposed permanent injunction;

2. If the Parties are unable to resolve any dispute regarding specific provisions of the permanent injunction, they shall submit briefing to the Court regarding the dispute according the following schedule:

a. Versace's Opening Brief: October 8, 2018; b. VAS Defendants' Responsive Brief: October 29, 2018; c. Versace's Reply Brief: November 19, 2018;

3. The bench trial regarding the amount of money appropriately awarded in the form of infringer's profits shall commence on February 25, 2019.

IT IS SO ORDERED.

Source:  Leagle

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