Docket Report Gucci v Guess 2012-02-15

8/3/2019 Docket Report Gucci v Guess 2012-02-15

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CASREF, ECF

U.S. District Court

Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:09-cv-04373-SAS-JLC

Gucci America, Inc. v. Guess?, Inc. et al

Assigned to: Judge Shira A. Scheindlin

Referred to: Magistrate Judge James L. Cott

Magistrate Judge James L. Cott (Settlement)

Cause: 15:1114 Trademark Infringement

Date Filed: 05/06/2009

Jury Demand: None

Nature of Suit: 840 Trademark

Jurisdiction: Federal Question

Plaintiff

Gucci America, Inc. represented by Louis Sherman Ederer

Arnold & Porter, LLP

399 Park Avenue

New York, NY 10022

(212) 715-1000 x1102

Fax: (212) 715-1399

Email: [email protected]

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Matthew Thomas Salzmann

Arnold & Porter, LLP

399 Park Avenue

New York, NY 10022(212) 715-1000

Fax: (212) 715-1399



V.

Defendant

Guess?, Inc. represented by Andrew Jay Frackman

O'Melveny & Myers LLP

7 Times Square

New York, NY 10036

212-326-2000

Fax: 212-326-2061


LEAD ATTORNEY


Y CM/ECF Version 4.2 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2292878084560

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Daniel M. Petrocelli

O'Melveny & Myers, LLP(C'tyCity)

1999 Avenue of the Stars

7th Floor

Los Angeles, CA 90067-6035

(310) 246-6700 x6850

Fax: (310) 246-6779

Email: [email protected] TO BE NOTICED

Robert Craig Welsh

O'Melveny & Myers, LLP(C'tyCity)


7th Floor

Los Angeles, CA 90067-6035

(310) 246-6700 x6712

Fax: (310) 246-6779

Email: [email protected] TO BE NOTICED

Defendant

Guess Italia S.r.l.

TERMINATED: 07/15/2009

represented by Andrew Jay Frackman

(See above for address)

LEAD ATTORNEY



(See above for address)ATTORNEY TO BE NOTICED

Robert Craig Welsh



Defendant

Marc Fisher Footwear LLC represented by Darren Wayne Saunders

Hiscock & Barclay, LLP (New York)

Seven Time Square

New York, NY 10036

212-784-5800

Fax: 212-784-5777


LEAD ATTORNEY


Alpa V. Patel

Hiscock & Barclay, LLP (ROCH)


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2000 HSBC Plaza, 20th Flr.

Rochester, NY 14604

(585)-295-4438

Fax: (585)-295-8459



DefendantThe Max Leather Group/Cipriani

Accessories, Inc.

represented by John T. Williams

Hinkhouse Williams Walsh LLP

180 North Stetson Street

Suite 3400

Chicago, IL 60601

(312)-268-5767

Fax: (312)-268-5801


LEAD ATTORNEY


Robert Craig Welsh


LEAD ATTORNEY


Defendant

Sequel AG represented by Robert Craig Welsh


LEAD ATTORNEYATTORNEY TO BE NOTICED

Defendant

K&M Associates L.P. represented by Robert Craig Welsh


LEAD ATTORNEY


Defendant

Viva Optique, Inc. represented by Robert Craig Welsh(See above for address)

LEAD ATTORNEY


Defendant

Signal Products, Inc. represented by Robert Craig Welsh


LEAD ATTORNEY



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John T. Williams



Kristin Marie Darr

Steptoe & Johnson, LLP (NYC)

1114 Avenue of the AmericasNew York, NY 10036

(212)-506-3900

Fax: 212-506-3950



Michael R. Heimbold

Steptoe & Johnson, LLP(LA)


Suite 2800Los Angeles, CA 90067

(310)734-3200

Fax: (310) 734-3300


PRO HAC VICE


Defendant

Swank, Inc. represented by Abigail Anne Rubinstein

Steptoe & Johnson, LLP (DC)1330 Connecticut Avenue, N.W.

Washington, DC 20036

(202) 429-3068

Fax: (202) 261-0595



LEAD ATTORNEY

Paul Fields

Leason Ellis LLP

81 Main Street

Suite 503

White Plains, NY 10601

914-288-0022

Fax: 914-288-0023


LEAD ATTORNEY



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Robert Craig Welsh


LEAD ATTORNEY


Atul R. Singh

Darby & Darby, P.C.(NYC)

7 World Trade Center250 Greenwich Street

New York, NY 10007-0042

(212) 527-7700 X7735

Fax: (212) 527-7701



Karin Fromson Segall

Leason Ellis LLP

81 Main StreetSuite 503

White Plains, NY 10601

(914)-821-9072

Fax: (914)-288-0023



Interested Party

Jonathan Moss

Counter Claimant

Guess?, Inc. represented by Andrew Jay Frackman


LEAD ATTORNEY





Robert Craig Welsh



V.

Counter Defendant


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LEAD ATTORNEY


Matthew Thomas Salzmann



Counter Claimant

Signal Products, Inc. represented by Robert Craig Welsh


LEAD ATTORNEY


Kristin Marie Darr



V.

Counter Defendant



LEAD ATTORNEY


Matthew Thomas Salzmann(See above for address)


Date Filed # Docket Text

05/06/2009 1 COMPLAINT against Guess?, Inc., Guess Italia S.r.l. (Filing Fee $ 350.00, Receipt

Number 687292)Document filed by Gucci America, Inc.(ama) (ama). (Entered:

05/07/2009)

05/06/2009 SUMMONS ISSUED as to Guess?, Inc., Guess Italia S.r.l. (ama) (Entered:05/07/2009)

05/06/2009 Magistrate Judge Kevin Nathaniel Fox is so designated. (ama) (Entered:

05/07/2009)

05/06/2009 Case Designated ECF. (ama) (Entered: 05/07/2009)

05/06/2009 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying PPR Group as

Corporate Parent. Document filed by Gucci America, Inc.(ama) (ama). (Entered:

05/07/2009)


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05/06/2009 Mailed notice to Commissioner of Patents and Trademarks to report the filing of

this action. (ama) (Entered: 05/07/2009)

05/07/2009 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Louis Sherman

Ederer for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case

Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Rule

7.1 Corporate Disclosure Statement to: [email protected]. (ama)

(Entered: 05/07/2009)

05/08/2009 3 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis S.

Ederer dated 5/8/09 re: Counsel for Plaintiff write to request from Section 14.3 of

the Electronic Case Filing Rules & Instructions of the S.D.N.Y. Counsel

respectfully requests permission to maintain the exhibits to Gucci's complaint as a

paper document, as suggested by the Clerk's Office. ENDORSEMENT: Plaintiff

may keep all exhibits as paper documents because they are voluminous and need

not file them electronically. (Signed by Judge Shira A. Scheindlin on 5/8/09) (tro)

(Entered: 05/13/2009)

05/27/2009 4 NOTICE OF APPEARANCE by Andrew Jay Frackman on behalf of Guess?, Inc.,

Guess Italia S.r.l. (Frackman, Andrew) (Entered: 05/27/2009)

05/27/2009 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by

Guess?, Inc., Guess Italia S.r.l..(Frackman, Andrew) (Entered: 05/27/2009)

05/27/2009 6 STIPULATION EXTENDING TIME, the time for defendants to answer the

complaint shall be extended from 5/27/09 to 6/26/09. Guess?, Inc. answer due

6/26/2009; Guess Italia S.r.l. answer due 6/26/2009. (Signed by Judge Shira A.

Scheindlin on 5/26/09) (cd) (Entered: 05/27/2009)

06/01/2009 7 ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for

6/23/2009 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on

5/28/2009) (jpo) (Entered: 06/01/2009)

06/05/2009 8 ORDER FOR ADMISSION PRO HAC VICE OF DANIEL M. PETROCELLI

AND ROBERT C. WELSH: Daniel Petrocelli and Robert C. Welsh are hereby

permitted to appear in this action pro hac vice on behalf of Defendants in this

action. (Signed by Judge Shira A. Scheindlin on 6/5/09) (tro) (Entered:

06/05/2009)

06/05/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 8 Order Admitting

Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of AttorneyInformation. (tro) (Entered: 06/05/2009)

06/09/2009 9 ORDER ADJOURNING INITIAL PRETRIAL CONFERENCE: IT IS ORDERED

that the Initial Pretrial Conference scheduled for June 23, 2009 be adjourned to

July 10, 2009 at at 2:30 p.m. Counsel are advised that all of the other terms set

forth in the Court's Initial Pretrial Conference Order dated May 28, 2009 remain in

effect. (Signed by Judge Shira A. Scheindlin on 6/9/2009) (jfe) (Entered:

06/09/2009)


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06/25/2009 CASHIERS OFFICE REMARK on 8 Order Admitting Attorney Pro Hac Vice, in

the amount of $50.00, paid on 06/08/2009, Receipt Number 690314. (jd) (Entered:

06/25/2009)

07/10/2009 10 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be

referred to the Clerk of Court for assignment to a Magistrate Judge for settlement.

Referred to Magistrate Judge Kevin Nathaniel Fox. ENDORSEMENT: September

would be best. Thanks. (Signed by Judge Shira A. Scheindlin on 7/10/2009) (tve)

(Entered: 07/10/2009)

07/10/2009 11 SCHEDULING ORDER: The parties will identify names of persons to be deposed

by 7/27/09. Reply by 8/10, Response 9/14. All fact depositions by 12/31/09. Initial

expert reports due 1/29. Rebuttal expert reports due 2/23. Each expert's deposition

will be completed by 3/19. Discovery shall be completed 3/19. Plaintiff will supply

its pre-trial order on 4/12. The parties will submit a pre-trial order by 4/26. The

final pre-trial conference pursuant to Fed. R. Civ. P. 16(d) will be held on 4/6 at

4:30. Anticipated length of trial and whether to court or jury: Eight (8) day bench

trial. (Signed by Judge Shira A. Scheindlin on 7/10/2009) (jfe) Modified on

7/14/2009 (jfe). (Entered: 07/13/2009)

07/15/2009 12 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the

Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby

give notice that the above-captioned action is voluntarily dismissed, without

prejudice against the defendant(s) Guess Italia S.r.l.. Document filed by Gucci

America, Inc.. (Ederer, Louis) (Entered: 07/15/2009)

07/16/2009 13 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Guess?, Inc.,

Guess Italia S.r.l. (Welsh, Robert) (Entered: 07/16/2009)

07/17/2009 14 ANSWER to Complaint. Document filed by Guess?, Inc..(Welsh, Robert) (Entered:

07/17/2009)

07/21/2009 15 ORDER, that a settlement conference shall be held in this captioned action on

February 24, 2010, at 10:30 a.m., in courtroom 20A, 500 Pearl St., New York, New

York. Additional relief as set forth in this Order. (Signed by Magistrate Judge

Kevin Nathaniel Fox on 7/20/09) (pl) (Entered: 07/21/2009)

08/06/2009 16 ORDER GRANTING AMENDMENT OF GUESS?, INC'S ANSWER AND

AFFIRMATIVE DEFENSES, Guess may file its First Amended Answer and

Affirmative Defenses. (Signed by Judge Shira A. Scheindlin on 8/6/09) (cd)

(Entered: 08/07/2009)

08/07/2009 17 AMENDED ANSWER to 1 Complaint. Document filed by Guess?, Inc.. (Welsh,

Robert) (Entered: 08/07/2009)

08/18/2009 18 STIPULATION AND ORDER; Defendant Guess?, Inc. consents to the filing of

plaintiff Gucci America, Inc.'s First Amended Complaint. The First Amended

Complaint shall be deemed fIled as of the date of entry of this Stipulation and

Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/17/2009) (tve)

(Entered: 08/18/2009)


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08/18/2009 19 FIRST AMENDED COMPLAINT amending 1 Complaint against Marc Fisher

Footwear LLC, The Max Leather Group/Cipriani Accessories, Inc., Sequel AG,

K&M Associates L.P., Viva Optique, Inc., Signal Products, Inc., Swank, Inc.,

Guess?, Inc..Document filed by Gucci America, Inc.. Related document: 1

Complaint filed by Gucci America, Inc..(mbe) (Entered: 08/19/2009)

08/27/2009 20 ANSWER to Amended Complaint. Document filed by Guess?, Inc.. Related

document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert)

(Entered: 08/27/2009)



Filing Rules & Instructions. E-MAIL the PDF for Document 19 Amended

Complaint, to: [email protected]. (ama) (Entered: 08/28/2009)


Ederer dated 8/31/2009 re: Accordingly, we reiterate our request for leave from

Section 14.3. ENDORSEMENT: Plaintiff may keep all exhibits as paper

documents because they are voluminous and need not file them electronically.

(Signed by Judge Shira A. Scheindlin on 9/1/2009) (jpo) (Entered: 09/02/2009)

09/14/2009 22 NOTICE OF APPEARANCE by Paul Fields on behalf of Swank, Inc. (Fields,

Paul) (Entered: 09/14/2009)

09/14/2009 23 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Swank, Inc.

(Welsh, Robert) (Entered: 09/14/2009)

09/14/2009 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.

Document filed by Swank, Inc..(Welsh, Robert) (Entered: 09/14/2009)

09/14/2009 25 ANSWER to Amended Complaint. Document filed by Swank, Inc.. Related


(Entered: 09/14/2009)

09/14/2009 26 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of The Max

Leather Group/Cipriani Accessories, Inc., K&M Associates L.P. (Welsh, Robert)

(Entered: 09/14/2009)

09/14/2009 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying American

Biltrite Inc. as Corporate Parent. Document filed by K&M Associates L.P..(Welsh,


09/14/2009 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.Document filed by The Max Leather Group/Cipriani Accessories, Inc..(Welsh,


09/14/2009 29 ANSWER to Amended Complaint. Document filed by The Max Leather

Group/Cipriani Accessories, Inc., K&M Associates L.P.. Related document: 19

Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered:

09/14/2009)


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09/15/2009 30 NOTICE OF APPEARANCE by Darren Wayne Saunders on behalf of Marc Fisher

Footwear LLC (Saunders, Darren) (Entered: 09/15/2009)

09/15/2009 31 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Viva Optique,

Inc. (Welsh, Robert) (Entered: 09/15/2009)

09/15/2009 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Highmark

Inc. as Corporate Parent. Document filed by Viva Optique, Inc..(Welsh, Robert)

(Entered: 09/15/2009)

09/15/2009 33 ANSWER to Amended Complaint. Document filed by Viva Optique, Inc.. Related


(Entered: 09/15/2009)

09/16/2009 34 NOTICE OF APPEARANCE by Abigail Anne Rubinstein on behalf of Swank,

Inc. (Rubinstein, Abigail) (Entered: 09/16/2009)

09/16/2009 35 STIPULATED ORDER EXTENDING DEFENDANT MARC FISHER

FOOTWEAR LLC'S TIME TO ANSWER OR OTHERWISE RESPOND; Plaintiff

and Defendant hereby stipulate that defendant Marc Fisher Footwear LLC has upto and including September 30, 2009 to answer or otherwise respond to the First

Amended Complaint. SO ORDERED. (Signed by Judge Shira A. Scheindlin on

9/15/2009) (tve) (Entered: 09/16/2009)

09/21/2009 36 NOTICE OF APPEARANCE by John T. Williams on behalf of The Max Leather

Group/Cipriani Accessories, Inc. (Williams, John) (Entered: 09/21/2009)

09/30/2009 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.

Document filed by Marc Fisher Footwear LLC.(Saunders, Darren) (Entered:

09/30/2009)

09/30/2009 38 ANSWER to Amended Complaint. Document filed by Marc Fisher Footwear LLC.Related document: 19 Amended Complaint, filed by Gucci America,

Inc..(Saunders, Darren) (Entered: 09/30/2009)

10/05/2009 39 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Signal Products,

Inc. (Welsh, Robert) (Entered: 10/05/2009)

10/05/2009 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO Corporate Parent.

Document filed by Signal Products, Inc..(Welsh, Robert) (Entered: 10/05/2009)

10/05/2009 41 ANSWER to Amended Complaint. Document filed by Signal Products, Inc..

Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh,


10/05/2009 42 NOTICE OF APPEARANCE by Darren Wayne Saunders on behalf of Marc Fisher

Footwear LLC (Saunders, Darren) (Entered: 10/05/2009)

10/06/2009 43 NOTICE OF APPEARANCE by Alpa V. Patel on behalf of Marc Fisher Footwear

LLC (Patel, Alpa) (Entered: 10/06/2009)

10/14/2009 44 ORDER MODIFYING THE COURT'S JULY 10, 2009 SCHEDULING ORDER:

All fact depositions are to be completed by 2/26/2010. All expert depositions are to


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be completed by 5/21/2010. Pretrial Order due by 6/25/2010. Final Pretrial

Conference set for Monday, 6/7/2010 at 04:30 PM before Judge Shira A.

Scheindlin. No further requests for extensions will be granted. (Signed by Judge

Shira A. Scheindlin on 10/14/09) (tro) (Entered: 10/15/2009)

10/20/2009 45 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that

shall govern the handling of confidential material.... (Signed by Judge Shira A.

Scheindlin on 10/20/2009) (jpo) (Entered: 10/20/2009)

10/28/2009 46 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Sequel AG

(Welsh, Robert) (Entered: 10/28/2009)

10/28/2009 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Timex

Nederland B.V. as Corporate Parent. Document filed by Sequel AG.(Welsh,


10/28/2009 48 ANSWER to Amended Complaint. Document filed by Sequel AG. Related


(Entered: 10/28/2009)

12/08/2009 49 ORDER, that the settlement conference scheduled previously for February 24,

2010, at 10:30 a.m., shall take place on March 10, 2010, at 10:30 a.m., in

courtroom 20A, 500 Pearl St., New York, New York. (Signed by Magistrate Judge

Kevin Nathaniel Fox on 12/7/09) (pl) (Entered: 12/08/2009)

12/29/2009 50 NOTICE of of Withdrawal of Abigail Rubinstein as Counsel for Defendant Swank,

Inc.. Document filed by Swank, Inc.. (Fields, Paul) (Entered: 12/29/2009)

12/31/2009 51 ORDER ADJOURNING JANUARY 7, 2010 PRE-MOTION CONFERENCE:

NOW, THEREFORE, IT IS HEREBY ORDERED, that the pre-motion conference

set for January 7, 2010 at 2:30 p.m., is adjourned to January 11, 2010 at 2:30, in

Courtroom 15C, 500 Pearl Street, New York, New York. (Signed by Judge Shira A.

Scheindlin on 12/31/2009) (jfe) (Entered: 12/31/2009)

01/13/2010 52 TRANSCRIPT of proceedings held on January 11, 2010 3:00 p.m. before Judge

Shira A. Scheindlin. (ajc) (Entered: 01/13/2010)

02/01/2010 53 TRANSCRIPT of proceedings held on January 13, 2010 3:15 p.m. before Judge

Shira A. Scheindlin. (ajc) (Entered: 02/01/2010)

02/04/2010 54 ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Louis Ederer

dated 2/3/10 re: Request for a brief adjournment of the 2/9/10 conference.

ENDORSEMENT: Plaintiff's request to adjourn the 2/9/10 conference is herebygranted. The conference has been rescheduled for 2/24/10 at 4:30 pm. ( Conference

reset for 2/24/2010 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by

Judge Shira A. Scheindlin on 2/3/10) (cd) (Entered: 02/04/2010)

02/25/2010 55 NOTICE OF APPEARANCE by Atul R. Singh on behalf of Swank, Inc. (Singh,

Atul) (Entered: 02/25/2010)

03/10/2010 56 TRANSCRIPT of proceedings held on 5/2/10 before Judge Shira A. Scheindlin.

(pl) (Entered: 03/12/2010)


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(pl) (Entered: 03/12/2010)

03/10/2010 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox:

Settlement Conference held on 3/10/2010. Parties did not settle. Defendants will

try to provide plaintiff w. a counteroffer by 3/17. (djc) (Entered: 03/25/2010)

03/18/2010 58 NOTICE OF CHANGE OF ADDRESS by Paul Fields on behalf of Swank, Inc..

New Address: LEASON ELLIS LLP, 81 Main Street, Suite 503, White Plains,New York, U.S.A. 10601, 914-288-022. (Fields, Paul) (Entered: 03/18/2010)


referred to the Clerk of Court for assignment to a Magistrate Judge for Specific

Non-Dispositive Motion/Dispute: Discovery dispute Re: March 17 Guess letter.

Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Shira A.

Scheindlin on 3/18/2010) (jfe) (Entered: 03/25/2010)

03/25/2010 60 NOTICE OF CHANGE OF ADDRESS by Paul Fields on behalf of Swank, Inc..

New Address: LEASON ELLIS LLP, 81 Main Street, Suite 503, White Plains,

New York, U.S.A. 10601, 914-288-0022. (Fields, Paul) (Entered: 03/25/2010)

03/26/2010 61 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER

MAGISTRATE JUDGE. The referral in the above entitled action has been

reassigned to Magistrate Judge James L. Cott, for Specific Non-Dispositive

Motion/Dispute: Discovery dispute Re: March 17 Guess letter. Magistrate Judge

Kevin Nathaniel Fox no longer referred to the case. (ldi) (ldi). (Entered:

03/26/2010)

04/02/2010 62 MOTION for Protective OrderAgainst the Disclosure of the Privileged

Communications of Plaintiff's In-House Legal Counsel Jonathan Moss. Document

filed by Gucci America, Inc..(Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 63 DECLARATION of Louis S. Ederer in Support re: 62 MOTION for Protective

OrderAgainst the Disclosure of the Privileged Communications of Plaintiff's

In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc..

(Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 64 DECLARATION of George Borababy in Support re: 62 MOTION for Protective




04/02/2010 65 DECLARATION of Timothy A. Chorba in Support re: 62 MOTION for Protective




04/02/2010 66 DECLARATION of Arthur Leshin in Support re: 62 MOTION for Protective





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04/02/2010 67 DECLARATION of Christy Leleck in Support re: 62 MOTION for Protective




04/02/2010 68 DECLARATION of Karen Lombardo in Support re: 62 MOTION for Protective




04/02/2010 69 DECLARATION of Daniella Vitale in Support re: 62 MOTION for Protective




04/02/2010 70 MEMORANDUM OF LAW in Support re: 62 MOTION for Protective Order

Against the Disclosure of the Privileged Communications of Plaintiff's In-House

Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer,

Louis) (Entered: 04/02/2010)

04/02/2010 71 MOTION for Protective OrderAgainst the Disclosure of the Privileged

Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual

Property Counsel Vanni Volpi. Document filed by Gucci America, Inc..(Ederer,



OrderAgainst the Disclosure of the Privileged Communications of Non-Party

Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi..

Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit

B, # 3 Exhibit C, # 4 Exhibit D)(Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 73 DECLARATION of Vanni Volpi in Support re: 71 MOTION for Protective



Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 74 DECLARATION of Daniela Della Rosa in Support re: 71 MOTION for

Protective OrderAgainst the Disclosure of the Privileged Communications of

Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni

Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered:

04/02/2010)

04/02/2010 75 DECLARATION of Cheryl Solomon in Support re: 71 MOTION for Protective




04/02/2010 76 DECLARATION of Fausto Pocar in Support re: 71 MOTION for Protective





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04/02/2010 77 MEMORANDUM OF LAW in Support re: 71 MOTION for Protective Order

Against the Disclosure of the Privileged Communications of Non-Party Guccio

Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document

filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/08/2010 78 MEMORANDUM AND ORDER re: 62 MOTION for Protective Order Against

the Disclosure of the Privileged Communications of Plaintiff's In-House Legal

Counsel Jonathan Moss. Filed by Gucci America, Inc. For all these reasons,

Gucci's application to seal those portions of its motion papers that relate to Moss,

and in particular, the circumstances giving rise to his termination, is denied.

(Signed by Magistrate Judge James L. Cott on 4/8/10) (djc) (Entered: 04/08/2010)

04/16/2010 79 AFFIDAVIT of Jonathan Moss re: 62 MOTION for Protective OrderAgainst the

Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel

Jonathan Moss.. Document filed by Jonathan Moss. (Wechsler, David) (Entered:

04/16/2010)

04/16/2010 80 MEMORANDUM OF LAW in Opposition re: 62 MOTION for Protective Order


Legal Counsel Jonathan Moss.. Document filed by Guess?, Inc.. (Welsh, Robert)

(Entered: 04/16/2010)

04/16/2010 81 DECLARATION of Robert C. Welsh in Opposition re: 62 MOTION for Protective


In-House Legal Counsel Jonathan Moss.. Document filed by Guess?, Inc.. (Welsh,


04/16/2010 82 MEMORANDUM OF LAW in Opposition re: 71 MOTION for Protective



Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010)

04/16/2010 83 DECLARATION of Robert C. Welsh in Opposition re: 71 MOTION for



Volpi.. Document filed by Guess?, Inc.. (Attachments: # 1 Exhibit A to R. Welsh

Declaration, # 2 Exhibit B-G to R. Welsh Declaration)(Welsh, Robert) (Entered:

04/16/2010)

04/16/2010 84 DECLARATION of Silvia Giudici in Opposition re: 71 MOTION for Protective



Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010)

04/16/2010 85 DECLARATION of Franco Ferrari in Opposition re: 71 MOTION for



Volpi.. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010)

04/16/2010 86 Objection re: 62 MOTION for Protective OrderAgainst the Disclosure of the

Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.


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Objections to Evidence Offered In Support of Plaintiff's Motion For Protective

Order re: Jonathan Moss. Document filed by Guess?, Inc.. (Welsh, Robert)

(Entered: 04/16/2010)

04/19/2010 87 ENDORSED LETTER: addressed to Judge James L. Cott from Robert C. Welsh

dated 4/16/2010 re: Counsel for defendant request an opportunity to file a brief

submission of no more than three pages addressing the import of Mr. Moss's

statements in his affidavit by Tuesday, April 20, 2010. ENDORSEMENT: The

request is granted. So Ordered. (Signed by Magistrate Judge James L. Cott on

4/16/2010) (js) Modified on 4/30/2010 (js). (Entered: 04/19/2010)

04/19/2010 88 ENDORSED LETTER: addressed to Judge James L. Cott from Louis S. Ederer

dated 4/16/2010. re: However, if the Court is inclined to consider Moss' affidavit

and grant Guess' request,Gucci, in turn, requests that the Court: (i) grant Gucci

three (3) additional pages in reply (bringing the total page limit on Gucci's reply on

this motion and Gucci's motion with respect to the privileged communications of

Vanni Volpi to thirteen (13) and (ii) permit Gucci to file it's reply papers on the

Moss and Volpi motions on Tuesday, April 27, 2010 as Gucci will not be in a

position to determine how to allocate its pages on reply until it receives Guess'supplemental submission on April 20. ENDORSEMENT: This request is granted.

So Ordered. (Signed by Magistrate Judge James L. Cott on 4/19/2010) (js)

(Entered: 04/19/2010)

04/20/2010 89 MEMORANDUM OF LAW in Opposition re: 62 MOTION for Protective Order


Legal Counsel Jonathan Moss. Supplemental Memorandum in Opposition to

Gucci's Motion re: Jonathan Moss. Document filed by Guess?, Inc.. (Welsh,


04/20/2010 90 DECLARATION of Robert C. Welsh re: 62 MOTION for Protective OrderAgainstthe Disclosure of the Privileged Communications of Plaintiff's In-House Legal

Counsel Jonathan Moss. Supplemental Declaration of Robert C. Welsh In Support

of Guess?, Inc's Opposition to Gucci's Motion re: Jonathan Moss. Document filed

by Guess?, Inc.. (Welsh, Robert) (Entered: 04/20/2010)

04/21/2010 91 ENDORSED LETTER: addressed to Judge James L. Cott from Robert C. Welsh

dated 4/19/2010 re: On behalf of defendant Guess Inc. Counsel writes to follow up

on a discovery issue that was raised with Your Honor at the March 30, 2010

telephonic pre-motion conference: During the conference Guess requested that the

Court instruct plaintiff Gucci America, Inc. ("Gucci") to produce privilege log for

allegedly privileged documents concerning Guess marks, designs, and productsthat Gucci's attorneys received from Studio Legale Jacobacci ("Studio Jacobacci"),

the outside IP law firm for Guccio Gucci S.p.A. (Guccio Gucci") Although Gucci

advised Your Honor at the March 30 conference-and had previously told Judge

Scheindlin and Guess-that it would produce a privilege log for these documents, it

now refuses to do so. ENDORSEMENT: As this matter is outside the scope of the

district court's referral, I have no authority to act on it and direct the parties to

Judge Scheindlin. So Ordered. (Signed by Magistrate Judge James L. Cott on

4/20/10) (js) (Entered: 04/21/2010)


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04/27/2010 92 REPLY MEMORANDUM OF LAW in Support re: 71 MOTION for Protective




04/27/2010 93 DECLARATION of Fausto Pocar in Support re: 71 MOTION for Protective




04/27/2010 94 DECLARATION of Adriano Vanzetti in Support re: 71 MOTION for Protective




04/27/2010 95 DECLARATION of Daniela Della Rosa in Support re: 71 MOTION for



Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered:

04/27/2010)



Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi., 62

MOTION for Protective OrderAgainst the Disclosure of the Privileged

Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document

filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ederer, Louis) (Entered: 04/27/2010)

04/27/2010 97 REPLY MEMORANDUM OF LAW in Support re: 62 MOTION for Protective




04/28/2010 98 ORDER GRANTING MARC FISHER LLC LEAVE TO AMEND MARC

FISHER LLC'S ANSWER TO THE FIRST AMENDED COMPLAINT: It is

hereby ordered that Marc Fisher LLC is granted leave to amend its Answer to the

First Amended Complaint to interpose a counterclaim for cancellation of U.S.

Trademark Registration No. 1,483,526; and it is further ordered that Gucci

America, Inc. shall have 21 days from the date of service of Marc Fisher LLC 's

amended pleading to serve and file its reply. (Signed by Judge Shira A. Scheindlinon 4/28/2010) (jpo) (Entered: 04/28/2010)

04/30/2010 99 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between

the parties that Plaintiff Gucci America, Inc. be permitted to file its Second

Amended Complaint. (Signed by Judge Shira A. Scheindlin on 4/30/2010) (jpo)

(Entered: 04/30/2010)


(ama) (Entered: 05/05/2010)


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05/06/2010 101 SECOND AMENDED COMPLAINT amending 19 Amended Complaint, against

Guess?, Inc., Marc Fisher Footwear LLC, The Max Leather Group/Cipriani

Accessories, Inc., Sequel AG, K&M Associates L.P., Viva Optique, Inc., Signal

Products, Inc., Swank, Inc.Document filed by Gucci America, Inc. Related

document: 19 Amended Complaint, filed by Gucci America, Inc. (mro) (Entered:

05/07/2010)



Filing Rules & Instructions. E-MAIL the PDF for Document 101 Amended

Complaint, to: [email protected]. (mro) (Entered: 05/10/2010)

05/11/2010 102 MODIFIED SCHEDULING ORDER: All fact discovery is to be completed by

Friday, August 6, 2010; the parties are to serve all initial expert reports, if any, by

Friday, September 24, 2010; the parties are to serve all rebuttal expert reports, if

any, by Friday, October 15, 2010; all expert depositions, if any, are to be completed

by Friday, November 12, 2010; Plaintiff will supply its pre-trial order matters to

defendants by Friday, December 3, 2010; the parties will submit a pre-trial order in

a form conforming with the Court's instructions together with trial briefs andproposed findings of fact and conclusions of law by Friday, December 17, 2010;

the final pre-trial conference pursuant to Fed. R. C iv. P. 16(d) will be held on

August 20, 2010 at 4:30 p.m. before Judge Shira A. Scheindlin. (Signed by Judge

Shira A. Scheindlin on 5/7/10) (djc) (Entered: 05/11/2010)


Ederer dated 5/13/2010 re: Counsel for Plaintiff write to request leave and First

Amended Complaint as paper documents due to their size, we write to request

leave from Section 14.3 of the Electronic Case Filing Rules & Instructions of the

S.D.N.Y. to file the exhibits to Gucci's Second Amended Complaint as paper

documents only. ENDORSEMENT: Plaintiff's request for leave from section 14.3

of the Electronic Case Filing Rules & Instructions of the SDNY to file exhibits to

Gucci's second amended complaint as paper documents only is hereby granted.

(Signed by Judge Shira A. Scheindlin on 5/13/2010) (tro) Modified on 5/17/2010

(tro). (Entered: 05/14/2010)

06/03/2010 104 ANSWER to Amended Complaint. Document filed by Marc Fisher Footwear LLC.

Related document: 101 Amended Complaint, filed by Gucci America,

Inc..(Saunders, Darren) (Entered: 06/03/2010)

06/03/2010 105 ANSWER to Amended Complaint., COUNTERCLAIM against Gucci America,

Inc.. Document filed by Guess?, Inc.. Related document: 101 Amended Complaint,filed by Gucci America, Inc..(Welsh, Robert) (Entered: 06/03/2010)

06/03/2010 106 ANSWER to Amended Complaint., COUNTERCLAIM against Gucci America,

Inc.. Document filed by Signal Products, Inc.. Related document: 101 Amended

Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 06/03/2010)

06/03/2010 107 ANSWER to Amended Complaint. Document filed by The Max Leather

Group/Cipriani Accessories, Inc., Sequel AG, K&M Associates L.P., Viva Optique,

Inc., Swank, Inc.. Related document: 101 Amended Complaint, filed by Gucci


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America, Inc..(Welsh, Robert) (Entered: 06/03/2010)

06/23/2010 108 ANSWER to Counterclaim. Document filed by Gucci America, Inc..(Ederer,


06/23/2010 109 ANSWER to Counterclaim. Document filed by Gucci America, Inc..(Ederer,


06/23/2010 113 TRANSCRIPT of proceedings held on June 10, 2010 before Judge Shira A.Scheindlin. (mro) (Entered: 06/30/2010)

06/25/2010 110 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert C.

Welsh dated 6/24/10 re: We write regarding the assertion of an advice of counsel

defense. At this time, defendant Guess?, Inc. does not intend to assert the advice of

counsel defense in the above-referenced litigation. ENDORSEMENT: The Clerk is

directed to docket this letter. So ordered. (Signed by Judge Shira A. Scheindlin on

6/25/10) (rjm) (Entered: 06/25/2010)

06/29/2010 111 MEMORANDUM AND ORDER: Accordingly, Gucci is directed to revise its

amended privilege log as follows: (i) indentify with specificity which of the Volpi

communications relate to the instant litigation and which communications relate to

the Italian litigation so that the Court can determine whether the attorney client

privilege applies; and (ii)provide a detailed description, beyond the subject matter

of the document, sufficient to indicate Gucci's basis for designating each of the

communications involving both Volpi and moss- as protected from disclosure

pursuant to the work product doctrine. Gucci is further directed to submit the

revised amended privilege log to the Court in 12-point font, with a copy served

upon all counsel of record, by July 6, 2010. So Ordered (Signed by Magistrate

Judge James L. Cott on 7/29/2010) (js) Modified on 6/29/2010 (js). Copies by ECF

(Entered: 06/29/2010)

06/29/2010 112 MEMORANDUM AND ORDER: For these reasons, Gucci's application for a

protective order against the disclosure of the privileged communications of

Jonathan Moss on attorney-client privilege grounds is denied. In the alternative,

Gucci claims that the Moss communications are protected from discovery pursuant

to the work-product doctrine. Communications that are not protected by the

attorney-client privilege may nonetheless quality for protection under the

work-product doctrine. See e.g., Haughv. Schroder Inv. Mgmt. N. Am., Inc., 02

Civ. 7955 (DLC), 2003 WL 21998674 (S.D.N.Y. Aug. 25,2003) (attorney-client

privilege not applicable to public relations firm, but work-product doctrine

protected communications sent to consultant by counsel). The party invoking thework-product doctrine "must show that the documents were prepared principally or

exclusively to assist in anticipated or ongoing litigation." United States v. Constr.

Prods. Research. Inc., 73 F.3d 464, 473(2d Cir. 1996). See Fed. R. Civ. P. 26(b)(3).

As the parties have not briefed the issue of whether the work-product doctrine

applies here, the Court is without sufficient information regarding the nature of the

documents to ascertain whether the privilege applies. In a related Memorandum

and Order that I am issuing today, I have directed Gucci to amend its privilege log

to denote, with specificity, the basis for its invocation of the work-product doctrine

with respect to the Moss communications. The applicability of the work product


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doctrine will be considered following the amendments to the privilege log. So

Ordered (Signed by Magistrate Judge James L. Cott on 6/29/2010) Copies of this

Order are being sent by ECF.(js) Modified on 6/29/2010 (js). (Entered: 06/29/2010)

07/02/2010 114 ORDER: Gucci shall submit its revised amended privilege log to the Court in

12-point font, with a copy seved upon all counsel of record, by July 9, 2010. The

parties should advise the Court by letter no later than July 13, 2010 which

documents remain in dispute after the parties have met and conferred. The parties

shall submit additional memoranda of law regarding the application of the work

product doctrine by July 20, 2010. (Signed by Magistrate Judge James L. Cott on

7/1/2010) (jfe) Modified on 7/14/2010 (jfe). (Entered: 07/02/2010)

07/02/2010 115 ORDER. Gucci's request for a stay of the Rule 72(a) objection period with respect

to the June 29, 2010 Memorandum and Order until its motion with respect to Mr.

Moss is fully decided is granted. (Signed by Magistrate Judge James L. Cott on

7/2/10) (rjm) (Entered: 07/06/2010)

07/14/2010 116 ENDORSED LETTER addressed to Magistrate James L. Cott from Louis Ederer

dated 7/13/10 re: Joint request for an additional 3 days to submit a final report to

7/16/10 and that the briefing of the remaining work product issues be adjourned to

7/23/10. ENDORSEMENT: The requests are GRANTED. ( Status Report due by

7/16/2010.) (Signed by Magistrate Judge James L. Cott on 7/13/10) (cd) (Entered:

07/14/2010)

07/23/2010 117 MEMORANDUM OF LAWRe: Discoverability of Documents in Gucci America,

Inc.'s Privilege Log. Document filed by Guess, Inc.. (Welsh, Robert) (Entered:

07/23/2010)

07/23/2010 118 DECLARATION of Robert C. Welsh re: 117 Memorandum of LawRe:

Discoverability of Documents in Gucci America, Inc.'s Privilege Log. Document

filed by Guess, Inc.. (Welsh, Robert) (Entered: 07/23/2010)

07/23/2010 119 DECLARATION of Silvia Giudici re: 117 Memorandum of LawRe:

Discoverability of Documents in Gucci America, Inc.'s Privilege Log. Document

filed by Guess, Inc.. (Welsh, Robert) (Entered: 07/23/2010)

07/23/2010 120 MEMORANDUM OF LAW in Support of Plaintiff Gucci America, Inc.'s Motions

for Protective Order Against the Disclosure of Work Product. Document filed by

Gucci America, Inc.. (Maltbie, John) (Entered: 07/23/2010)

07/23/2010 121 DECLARATION of Louis S. Ederer in Support re: 120 Memorandum of Law.

Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A, # 2 ExhibitB, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8

Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Maltbie, John) (Entered: 07/23/2010)

07/28/2010 122 ORDER: Gucci is directed to submit unredacted copies of the documents listed in

the Revised Privilege Log to the Chambers of the undersigned by 5 p.m. on Friday,

July 30, 2010. The documents should bear legends or Bates-numbers

corresponding to the document numbers in the Revised Privilege Log. So Ordered.

(Signed by Magistrate Judge James L. Cott on 7/28/2010) Copies of this order are

being Sent By ECF Chambers. (js) (Entered: 07/28/2010)


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07/29/2010 123 NOTICE OF APPEARANCE by John T. Williams on behalf of Signal Products,

Inc. (Williams, John) (Entered: 07/29/2010)

07/30/2010 124 STIPULATION AND ORDER. All Expert Depositions due by 1/11/2011; All fact

Discovery due by 10/5/2010; The parties are to serve all initial expert reports, if

any by Monday, 11/22/10; The parties are to serve all rebuttal expert reports, if any

by Tuesday, December 14, 2010; Plaintiff will supply its pre-trial order matters to

defendants by Friday February 4, 2011; Pretrial Order due by 2/18/2011, Final

Pretrial Conference set for 10/21/2010 at 04:30 PM before Judge Shira A.

Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/30/10) (djc) Modified on

8/19/2010 (djc). (Entered: 08/02/2010)

09/07/2010 125 ORDER: GA shall produce the documents or attachments that the Court has

determined are not privileged forthwith, as set forth in this Order. (Signed by Judge

Shira A. Scheindlin on 9/7/2010) (jpo) (Entered: 09/07/2010)

09/23/2010 126 MEMORANDUM AND ORDER: Accordingly, Gucci's application for an order

protecting the Volpi communications in Docket No. 71 is GRANTED IN PART

AND DENIED IN PART, and its application for an order protecting the Moss

communications in Docket No. 62 is GRANTED IN PART AND DENIED IN

PART. Gucci is directed to produce the documents identified in the attached

Schedule "A" in accordance with the instructions therein by no later than the

expiration of the 14-day period under Rule 72(a), if no objections are filed. If either

side files objections, any requests for further relief, including any stay applications,

should be made to Judge Scheindlin.. (Signed by Magistrate Judge James L. Cott

on 9/23/2010) (jpo) (Entered: 09/23/2010)

09/24/2010 CASE NO LONGER REFERRED to Magistrate Judge James L. Cott. I hereby

close the above Order of Reference for magistrate judge statistical purposes. This

case remains open. Reason: On 9/23/2010, I issued a Memorandum and Orderresolving the matter before me. (ae) (Entered: 09/28/2010)

10/07/2010 127 Objection re: 112 Order,,,,,, To the June 29, 2010 Memorandum and Order of

Magistrate Judge James L. Cott. Document filed by Gucci America, Inc.. (Ederer,


10/15/2010 128 OPPOSITION BRIEF re: 127 Objection (non-motion)/Memorandum of Law in

Opposition to Plaintiff Gucci America's Rule 72(a) Objections to the June 29, 2010

Memorandum and Order of Magistrate Judge James L. Cott. Document filed by

Guess, Inc..(Welsh, Robert) (Entered: 10/15/2010)

11/01/2010 129 SEALED DOCUMENT placed in vault.(nm) (Entered: 11/01/2010)

11/08/2010 130 REPLY MEMORANDUM OF LAW re: 127 Objection (non-motion), 128

Opposition Brief,In Further Support of Gucci America's Rule 72(a) Objections to

Magistrate Judge James L. Cott's June 29, 2010 Order. Document filed by Gucci


11/17/2010 131 TRANSCRIPT of proceedings held on 11/9/2010 @ 4:40 pm before Judge Shira A.

Scheindlin. (eef) (Entered: 11/18/2010)


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12/23/2010 132 MODIFIED SCHEDULING ORDER: Deposition due by 6/15/2011. Discovery

due by 6/15/2011. Pre-Motion Conference set for 3/18/2011 at 10:00 AM before

Judge Shira A. Scheindlin. Pretrial Order due by 7/15/2011. (Signed by Judge Shira

A. Scheindlin on 12/23/2010) (jpo) (Entered: 12/23/2010)

12/28/2010 133 ORDER: Pursuant to this Court's order, plaintiff Gucci America, Inc. ("GA")

submitted four documents for the Court's in camera review. These documents

consist of written communications to and from Carlo Imo, the General Counsel of

GA's affiliate, Guccio Gucci S.p.A. of Italy to and from outside counsel. Having

reviewed each document and its attachment(s), the following constitutes the rulings

of the Court. 1. Tab 1: 2/20/05 Privileged. The only amendment is to the privilege

log which should have described the document as "Instructions from General

Counsel to outside legal trademark counsel regarding possible legal action against

Guess." 2. Tab 2: 2/28/05 Privileged. 3. Tab 3: 3/8/05 Privileged. 4. Tab 4:

9/212/06 Privileged. The only oversight was that the unredacted version of Exhibit

2 was only submitted to this Court in French, rather than in an English translation.

If such a translation exists it should be submitted to the Court forthwith although it

appears that the attachment is privileged. At the Court's request Defendant Guess?,

Inc. submitted its revised 30(b)(6) notice to GA; its deposition notice to Cheryl

Solomon; and its Eighth Request for Production to GA. Each request has been

reviewed and the following constitutes the Court's rulings: (1) 30(b)(6) notice: All

permitted except #15. I note that this is not a document request and that the witness

need only be knowledgeable about and able to testify regarding requests #14 but is

not required to produce documents. (2) Solomon deposition notice: Request # 1 in

Attachment A is stricken. Request #2 is permitted but only to the extent of

producing non-privileged and relevant documents. (3) Eighth Request for

Production to GA: To the extent this request seeks documents from Guccio Gucci

or Gucci Group, the request is stricken. As amended a response is required to

requests 117-122. Request #123 is limited to Communications regarding Guess?and to non-privileged and relevant material. Request #124 is permitted. Request

#125 is limited to communications with quality control departments and related

solely to Guess? Requests #126-127 are permitted. Requests #128-133 are stricken.

Request #134 is permitted unless Guess? raises a work product objection. SO

ORDERED. (Signed by Judge Shira A. Scheindlin on 12/27/2010) (lnl) (Entered:

12/28/2010)

12/28/2010 ***DELETED DOCUMENT. Deleted document number 134 Order. The document

was incorrectly filed TWICE in this case. (db) (Entered: 01/13/2011)

12/30/2010 135 NOTICE OF APPEARANCE by Kristin Marie Darr on behalf of Signal Products,Inc. (Darr, Kristin) (Entered: 12/30/2010)

01/03/2011 136 OPINION AND ORDER: #99806 For the reasons set forth above, the Order of the

Magistrate Judge is set aside and Gucci' s motion for a protective order is hereby

granted. All communications between Gucci and Moss that were made for the

purpose of giving legal advice are entitled to protection pursuant to the attorney-

client privilege. (Signed by Judge Shira A. Scheindlin on 1/3/2011) (jpo) Modified

on 1/5/2011 (ajc). (Entered: 01/03/2011)


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01/03/2011 137 MOTION for Michael R. Heimbold to Appear Pro Hac Vice. Document filed by

Signal Products, Inc..(mbe) (Entered: 01/05/2011)

01/05/2011 138 ORDER CLARIFYING THE COURT'S DECEMBER 27, 2010 ORDER: The

Court adheres to its November 9, 2010 Order granting plaintiff Gucci America's

application to quash the Solomon Notice, including the document requests annexed

thereto, and further, to the extent the December 27, 2010 Order may appear to be

Inconsistent with the Court's November 9, 2010 Order, that the November 9, 2010

Order shall prevail with respect to these issues. (Signed by Judge Shira A.

Scheindlin on 1/5/2011) (jpo) (Entered: 01/05/2011)

01/06/2011 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Status

Conference held on 1/6/2011. (eef) (Entered: 02/02/2011)

01/06/2011 Minute Entry for proceedings held before Magistrate Judge James L. Cott: Status

Conference held on 1/6/2011. (jfe) (Entered: 02/03/2011)

01/07/2011 139 MEMO ENDORSEMENT on 137 Motion for Michael R. Heimbold to Appear Pro

Hac Vice. ENDORSEMENT: Motion granted. The Clerk of the Court is directed to

close to close this motion (Doc. # 137). (Signed by Judge Shira A. Scheindlin on1/7/2011) (jpo) (Entered: 01/07/2011)

01/11/2011 CASHIERS OFFICE REMARK on 137 Motion to Appear Pro Hac Vice in the

amount of $25.00, paid on 01/03/2011, Receipt Number 9234835. (jd) (Entered:

01/11/2011)


02/28/2011 141 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be

referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement.

Referred to Magistrate Judge James L. Cott. (Signed by Judge Shira A. Scheindlin

on 2/25/2011) (lnl) Modified on 3/8/2011 (lnl). (Entered: 02/28/2011)


Ederer dated 3/10/2011 re: Counsel for the plaintiff Gucci America, Inc., writes on

behalf of all parties to request that the Court enter the enclosed proposed modified

scheduling order. ENDORSEMENT: Request denied. (Signed by Judge Shira A.

Scheindlin on 3/10/2011) (ab) (Entered: 03/10/2011)

03/16/2011 143 MEMO ENDORSEMENT on: 142 Endorsed Letter. ENDORSEMENT: On

reconsideration, I will grant one final sixty day extension of the Scheduling Order

in view of ongoing settlement discussions. However, no party may request any

further extension of the Schedule for any reasons whatsoever. (Signed by Judge

Shira A. Scheindlin on 3/16/11) (cd) (Entered: 03/17/2011)

03/30/2011 144 ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference

set for 4/27/2011 at 09:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY

10007 before Magistrate Judge James L. Cott, as set forth in this Order. (Signed by

Magistrate Judge James L. Cott on 3/30/2011) Copies Mailed By Chambers. (jpo)

Modified on 4/4/2011 (jpo). (Entered: 03/30/2011)


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04/22/2011 Minute Entry for proceedings held before Magistrate Judge James L. Cott:

Telephone Conference held on 4/22/2011. (mbe) (Entered: 04/29/2011)

04/27/2011 Minute Entry for proceedings held before Magistrate Judge James L. Cott:

Settlement Conference held on 4/27/2011. (mbe) (Entered: 04/29/2011)

04/28/2011 145 ORDER re Guess request that the Court review its rulings set forth re Document

Nos. 1,5,34,35,37, and 38 to determine whether there are any non-privileged

poritons that should be disclosed by plaintiff Gucci America: As I advised theparties at a conference yesterday, as to Document Nos. 35,37, and 38, my rulings

remain the same. As to Document Nos. 1,5, and 34, in light of Judge Scheindlin's

ruling...are privileged and need not be disclosed. (Signed by Magistrate Judge

James L. Cott on 4/28/11) Copies Sent by ECF to all Counsel(cd) (Entered:

04/28/2011)


referred to the Clerk of Court for assignment to a Magistrate Judge for Specific

Non-Dispositive Motion/Dispute:* Discovery dispute regarding production of

foreign sales information. Referred to Magistrate Judge James L. Cott. (Signed by

Judge Shira A. Scheindlin on 5/2/11) (jmi) Modified on 5/4/2011 (jmi). (Entered:

05/03/2011)

05/02/2011 ***DELETED DOCUMENT. Deleted document number 146 Transcript. The

document was incorrectly filed in this case. (tro) (Entered: 05/13/2011)

05/02/2011 ***DELETED DOCUMENT. Deleted document number 147 Notice of Filing of

Official Transcript. The document was incorrectly filed in this case. (tro) (Entered:

05/13/2011)

05/20/2011 149 TRANSCRIPT of Proceedings re: argument held on 4/22/2011 before Judge Shira

A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300.Transcript may be viewed at the court public terminal or purchased through the

Court Reporter/Transcriber before the deadline for Release of Transcript

Restriction. After that date it may be obtained through PACER. Redaction Request

due 6/13/2011. Redacted Transcript Deadline set for 6/23/2011. Release of

Transcript Restriction set for 8/22/2011.(McGuirk, Kelly) (Entered: 05/20/2011)

05/20/2011 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that

an official transcript of a Argument proceeding held on 4/22/11 has been filed by

the court reporter/transcriber in the above-captioned matter. The parties have seven

(7) calendar days to file with the court a Notice of Intent to Request Redaction of

this transcript. If no such Notice is filed, the transcript may be made remotely

electronically available to the public without redaction after 90 calendar days...

(McGuirk, Kelly) (Entered: 05/20/2011)

05/25/2011 151 MEMORANDUM AND ORDER. For the reasons set forth in this memorandum

and order, Gucci's request for permission to move for an order compelling

Defendants to produce foreign sales and cost information relating to the allegedly

infringing products is denied. (Signed by Magistrate Judge James L. Cott on

5/25/11) Copies Sent By Chambers via ECF. (rjm) (Entered: 05/25/2011)


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05/31/2011 152 NOTICE OF APPEARANCE by Karin Fromson Segall on behalf of Swank, Inc.

(Segall, Karin) (Entered: 05/31/2011)

06/06/2011 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion

Conference held on 6/6/2011. (ft) (Entered: 06/08/2011)

06/06/2011 ***DELETED ENTRY. Deleted Minute Entry for 6/6/11. The document was

incorrectly filed in this case. (ft) (Entered: 06/08/2011)

06/23/2011 153 TRANSCRIPT of Proceedings re: Conference held on 6/6/2011 before Judge Shira

A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300.

Transcript may be viewed at the court public terminal or purchased through the






an official transcript of a Conference proceeding held on 6/6/2011 has been filed by

the court reporter/transcriber in the above-captioned matter. The parties have seven(7) calendar days to file with the court a Notice of Intent to Request Redaction of




07/22/2011 155 TRANSCRIPT of Proceedings re: Conference held on 6/6/2011 before Judge Shira

A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300.














Conference held on 8/4/2011. (ft) (Entered: 08/16/2011)

08/09/2011 ***DELETED DOCUMENT. Deleted document number157 Transcript. The

document was incorrectly filed in this case. (tro) (Entered: 08/09/2011)

08/15/2011 157 TRANSCRIPT of Proceedings re: Argument held on 8/4/2011 before Judge Shira

A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300.




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08/15/2011 158 TRANSCRIPT of Proceedings re: Argument held on 8/4/2011 before Judge Shira

A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300.







an official transcript of a Argument proceeding held on 8/4/11 has been filed by the

court reporter/transcriber in the above-captioned matter. The parties have seven (7)

calendar days to file with the court a Notice of Intent to Request Redaction of this

transcript. If no such Notice is filed, the transcript may be made remotely



08/16/2011 160 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis E.

Ederer dated 8/9/11 re: On behalf of our client, plaintiff Gucci America, Inc.

("Gucci"), we write in follow-up to the conference held before Your Honor on

August 4, 2011, and to respectfully request that the Court reconsider certain

determinations made at the conference with respect to the exclusion of Gucci's (and

Guess's) survey expert reports, without having reviewed the reports and without a

full motion record. ENDORSEMENT: Request granted in part. The Court will

reconsider its determinations as to exclusion of the expert surveys. The parties are

ordered to brief all Daubert challenges in one 25-page motion with one 25-page

opposition and one 10-page reply. The only exhibits permitted are the expertreports and the depositions of the experts. The parties' motions are due 8/29/11;

oppositions due 9/12/11; replies due 9/22/11. If the parties conclude that their

briefing of the summary judgment motion depends on the Courts ruling on the

Daubert motions, then the summary judgment briefing schedule is suspended sine

die. Otherwise, the summary judgment briefing schedule remains the same. So

ordered. (Motions due by 8/29/2011. Responses due by 9/12/2011. Replies due by

9/22/2011.) (Signed by Judge Shira A. Scheindlin on 8/15/11) (rjm) (Entered:

08/16/2011)

08/18/2011 161 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert C.Welsh dated 8/17/11 re: Counsel requests that the Court amend the existing

summary judgment schedule such that Guess has two weeks following the Court's

ruling on the parties' Daubert motions. ENDORSEMENT: Request granted. The

summary judgment motion shall be done within two (2) weeks after the Court rules

on the parties' Daubert motions. (Signed by Judge Shira A. Scheindlin on

8/17/2011) (mro) (Entered: 08/18/2011)

08/29/2011 162 SEALED DOCUMENT placed in vault.(mps) (Entered: 08/29/2011)


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08/29/2011 163 MOTION in Limine. Document filed by Guess, Inc., K&M Associates L.P., Sequel

AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani

Accessories, Inc., Viva Optique, Inc..(Welsh, Robert) (Entered: 08/29/2011)

08/29/2011 164 MOTION in Limine To Exclude Defendant Guess?, Inc.'s Proposed Expert

Opinions, Testimony and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.

Document filed by Gucci America, Inc..(Ederer, Louis) (Entered: 08/29/2011)

08/29/2011 165 DECLARATION of Louis S. Ederer in Support re: 164 MOTION in Limine ToExclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and

Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Gucci

America, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B, # 4

Exhibit C)(Ederer, Louis) (Entered: 08/29/2011)

08/29/2011 166 MEMORANDUM OF LAW in Support re: 164 MOTION in Limine To Exclude

Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and Surveys of Dr.

Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Gucci America, Inc..


09/02/2011 167 ORDER: The Clerk of the Court is directed to unseal certain documents previouslyfiled under seal in the above-captioned case. Specifically, the Clerk is directed to

unseal all but one of the documents submitted by Guess? Inc. in conjunction with

its Motion to Exclude the Surveys of Dr. Michael Rappeport, George Mantis, and

Dr. Michael B. Mazis [Docket Nos. 162 & 163]. The only document that should

remain under seal is Exhibit C to Dr. Shari Seidman Diamond's 6/24/11 Rebuttal

Report. (Signed by Judge Shira A. Scheindlin on 9/2/2011) (lmb) (Entered:

09/02/2011)

09/02/2011 Transmission to Sealed Records Clerk. Transmitted re: 167 Order to the Sealed

Records Clerk for the sealing or unsealing of document or case. (lmb) (Entered:

09/02/2011)

09/02/2011 168 DECLARATION of Robert C. Welsh in Support of Guess, Inc.'s Motion to

Exclude the Surveys of Dr. Michael Rappeport, George Mantis, and Dr. Michael B.

Mazis. Document filed by Guess, Inc. (This document was previously filed under

seal in envelope #162 and unsealed on 9/2/11.) (mro) (Entered: 09/08/2011)

09/02/2011 169 MEMORANDUM OF LAW in Support of Guess, Inc.'s Motion to Exclude the

Surveys of Dr. Michael Rappeport, George Mantis, and Dr. Michael B. Mazis.

Document filed by Guess, Inc. (This document was previously filed under seal in

envelope #162 and unsealed on 9/2/11.)(mro) (Entered: 09/08/2011)

09/12/2011 170 MEMORANDUM OF LAW in Opposition re: 164 MOTION in Limine To Exclude


Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Guess, Inc., K&M

Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather

Group/Cipriani Accessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered:

09/12/2011)

09/12/2011 171 DECLARATION of Louis S. Ederer in Opposition re: 163 MOTION in Limine..

Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit


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A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7,

# 8 Exhibit A8, # 9 Exhibit B)(Ederer, Louis) (Entered: 09/12/2011)


Ederer dated 9/12/2011 re: request that its Memorandum of Law be filed under

seal, or that Gucci be granted permission to file a redacted memorandum of law

that excludes all material so designated. ENDORSEMENT: Request Granted in

Part. Gucci may file a redacted Memorandum of Law that excludes material

designated "Confidential" or "Highly Confidential-Attorneys Eyes Only". SO

ORDERED. (Signed by Judge Shira A. Scheindlin on 9/14/2011) (ama) (Entered:

09/14/2011)

09/15/2011 173 MEMORANDUM OF LAW in Opposition re: 163 MOTION in Limine..


09/22/2011 174 REPLY MEMORANDUM OF LAW in Support re: 163 MOTION in Limine..

Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products,

Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva

Optique, Inc.. (Welsh, Robert) (Entered: 09/22/2011)

09/22/2011 175 REPLY MEMORANDUM OF LAW in Support re: 164 MOTION in Limine To

Exclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and

Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Gucci


11/16/2011 176 OPINION AND ORDER re:#101038 164 MOTION in Limine To Exclude


Myron J. Helfgott and Dr. Carol A. Scottfiled by Gucci America, Inc., 163

MOTION in Limine filed by Signal Products, Inc., Guess?, Inc., The Max Leather

Group/Cipriani Accessories, Inc., Swank, Inc., K&M Associates L.P., Sequel AG,

Viva Optique, Inc. For the reasons given above, Gucci's motion is granted in part

and denied in part as follows: the Helfgott Surveys are excluded on all of the issues

for which Guess offers them. The Scott Survey is admissible on the issue of laches,

but, like the Helfgott Surveys, excluded on the remainder of the issues for which

Guess offers it. For the reasons given above, Guess's motion is granted in part and

denied in part as follows: the Mantis Survey is inadmissible on the issue of postsale

confusion. The Mazis Survey is admissible on the issue of association as itrelates

to dilution. The Clerk of the Court is directed to close these motions (Docket Nos.

162 and 163). A hearing is scheduled for December 2, 2011 at 4:30p.m. (Signed by

Judge Shira A. Scheindlin on 11/16/2011) (cd) Modified on 11/21/2011 (jab).

(Entered: 11/17/2011)

11/16/2011 Set/Reset Hearings: Hearing set for 12/2/2011 at 04:30 PM before Judge Shira A.

Scheindlin. (cd) (Entered: 11/17/2011)

11/18/2011 177 ORDER: The conference currently scheduled for December 2, 2011 at 4:30 p.m.

shall serve as a summary judgment pre-motion conference. The briefing schedule

will be set at that conference (Signed by Judge Shira A. Scheindlin on 11/18/2011)

(cd) (Entered: 11/21/2011)


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Conference held on 12/2/2011. (lmb) (Entered: 01/09/2012)

12/07/2011 178 TRANSCRIPT of Proceedings re: Conference held on 12/2/2011 before Judge

Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300.













12/09/2011 180 MEMORANDUM OF LAW in Opposition to Gucci America, Inc's Motion for

Reargument and/or Reconsideration of the Court's November 16, 2011 Opinion

and Order. Document filed by Guess, Inc.. (Welsh, Robert) (Entered: 12/09/2011)


12/15/2011 182 MOTION for Summary Judgment. Document filed by Guess, Inc., K&M

Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather

Group/Cipriani Accessories, Inc., Viva Optique, Inc..(Welsh, Robert) (Entered:

12/15/2011)

12/15/2011 183 MEMORANDUM OF LAW in Support re: 182 MOTION for Summary Judgment..Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products,

Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva

Optique, Inc.. (Welsh, Robert) (Entered: 12/15/2011)

12/15/2011 184 DECLARATION of Robert C. Welsh in Support re: 182 MOTION for Summary

Judgment.. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG,

Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories,

Inc., Viva Optique, Inc.. (Attachments: # 1 Exhibit A to R. Welsh Declaration, # 2

Exhibit B thru D, # 3 Exhibit E - Part 1 of 6, # 4 Exhibit E - Part 2 of 6, # 5 Exhibit

E - Part 3 of 6, # 6 Exhibit E - Part 4 of 6, # 7 Exhibit E - Part 5 of 6, # 8 Exhibit E

- Part 6 of 6, # 9 Exhibit F - Part 1 of 3, # 10 Exhibit F - Part 2 of 3, # 11 Exhibit F

- Part 3 of 3, # 12 Exhibit G - Part 1 of 3, # 13 Exhibit G - Part 2 of 3, # 14 Exhibit

G - Part 3 of 3, # 15 Exhibit H, # 16 Exhibit I - Part 1 of 11, # 17 Exhibit I - Part 2

of 11, # 18 Exhibit I - Part 3 of 11, # 19 Exhibit I - Part 4 of 11, # 20 Exhibit I -

Part 5 of 11, # 21 Exhibit I - Part 6 of 11, # 22 Exhibit I - Part 7 of 11, # 23 Exhibit

I - Part 8 of 11, # 24 Exhibit I - Part 9 of 11, # 25 Exhibit I - Part 10 of 11, # 26

Exhibit I - Part 11 of 11, # 27 Exhibit J - Part 1 of 3, # 28 Exhibit J - Part 2 of 3, #

29 Exhibit J - Part 3 of 3, # 30 Exhibit K thru M, # 31 Exhibit N, # 32 Exhibit

O)(Welsh, Robert) (Entered: 12/15/2011)


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12/15/2011 185 RULE 56.1 STATEMENT. Document filed by Guess, Inc., K&M Associates L.P.,

Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani

Accessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered: 12/15/2011)

12/16/2011 186 MEMORANDUM OPINION AND ORDER:#101159 Gucci's motion for

reconsideration is granted. The Mantis Survey is relevant and therefore admissible

-on two narrow issues. First, it is relevant to the issue of post-sale consumer

confusion allegedly caused by Guess Quattro G bags in those post-sale situations

where the casual observer will not see permanent Guess-identifying ornamentation.

Second, it its relevant to the issue of whether the test bag itself infringes Gucci's

trademark and trade dress rights. Guess shall be entitled to five additional pages in

its summary judgment papers to address these issues. (Signed by Judge Shira A.

Scheindlin on 12/15/2011) (ft) Modified on 12/21/2011 (jab). (Entered:

12/16/2011)

12/21/2011 187 NOTICE OF WITHDRAWAL OF APPEARANCE AS COUNSEL: I, Atul R.

Singh, respectfully request the withdrawal of my appearance as counsel for

defendant, Swank, Inc. ("Swank"), in the above action. I am no longer representing

Swank in the above action, which continues to be represented by Mr. Paul Fields ofLeason Ellis LLP and Mr. Robert Welsh of O'Melveny & Myers LLP. As such, I

respectfully request that the Clerk of Court remove my name and e-mail address

from the ECF notifications list and/or any other service lists. (Signed by Judge

Shira A. Scheindlin on 12/21/2011) (lmb) (Entered: 12/21/2011)

12/21/2011 188 MOTION for Summary Judgment. Document filed by Marc Fisher Footwear

LLC.(Saunders, Darren) (Entered: 12/21/2011)

12/21/2011 189 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 188 MOTION for

Summary Judgment., 182 MOTION for Summary Judgment.. Document filed by

Marc Fisher Footwear LLC. (Saunders, Darren) (Entered: 12/21/2011)

12/21/2011 190 DECLARATION of Darren W. Saunders in Support re: 188 MOTION for

Summary Judgment., 182 MOTION for Summary Judgment.. Document filed by

Marc Fisher Footwear LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Saunders,

Darren) (Entered: 12/21/2011)

12/21/2011 191 RULE 56.1 STATEMENT. Document filed by Marc Fisher Footwear LLC.

(Saunders, Darren) (Entered: 12/21/2011)

12/21/2011 192 SEALED DOCUMENT placed in vault.(mps) (Entered: 12/22/2011)

12/23/2011 193 MEMO ENDORSEMENT on Notice of Withdrawal of Appearance as Counsel. SOORDERED. Attorney Abigail Anne Rubinstein terminated. (Signed by Judge Shira

A. Scheindlin on 12/23/2011) (ft) (Entered: 12/23/2011)

01/11/2012 194 NOTICE OF CHANGE OF ADDRESS by Kristin Marie Darr on behalf of Signal

Products, Inc.. New Address: Steptoe & Johnson, LLP, 1114 Avenue of the

Americas, New York, New York, United States of America 10036, 212-506-3900.

(Darr, Kristin) (Entered: 01/11/2012)


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01/27/2012 195 ORDER: In a letter dated January 20, 2012, Defendants requested permission to

file a reply to Plaintiffs's statement of additional material facts as to which it

contends there is a genuine issue to be tried, filed pursuant to Local Rule 56.1 (b).

Defendants also requested a short extension of the summary judgment briefing

schedule in order to prepare such a reply. In a letter dated the same day, Plaintiff

stated that it did not oppose either request. While Plaintiff's fifty page Rule 56.1

statement flagrantly violates my individual rules limiting such statements to

twenty-five pages unless prior approval is granted, further submissions from theDefendants will be neither necessary nor helpful in deciding the pending motions.

Accordingly, Defendants' requests are denied. (Signed by Judge Shira A.

Scheindlin on 1/26/2012) (lmb) (Entered: 01/27/2012)

02/14/2012 196 OPINION AND ORDER re: 188 MOTION for Summary Judgment filed by Marc

Fisher Footwear LLC, 182 MOTION for Summary Judgment filed by Signal

Products, Inc., Guess?, Inc., The Max Leather Group/Cipriani Accessories, Inc.,

Swank, Inc., K&M Associates L.P., Sequel AG, Viva Optique, Inc. For the reasons

discussed, Guess is entitled to summary judgment on Gucci's dilution claims

relating to the Square G and Quattro G designs. With respect to all other claims, the

motions are denied. The Clerk of the Court is directed to close these motions

(Docket Nos. 182 and 188). A final pre-trial conference is scheduled for March

13,2012 at 5:30 p.m. (Signed by Judge Shira A. Scheindlin on 2/14/2012) (mro)

Modified on 2/14/2012 (mro). (Entered: 02/14/2012)

02/14/2012 Set/Reset Hearings: Final Pretrial Conference set for 3/13/2012 at 05:30 PM before

Judge Shira A. Scheindlin. (mro) (Entered: 02/14/2012)

02/15/2012 197 MEMORANDUM OF LAW in Opposition re: 188 MOTION for Summary

Judgment., 182 MOTION for S