gucci v. guess, 09 civ. 04373 (s.d.n.y.) (case docket, as of 6-19-12)

7/31/2019 Gucci v. Guess, 09 Civ. 04373 (S.D.N.Y.) (case docket, as of 6-19-12)

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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 alAssigned to: Judge Shira A. ScheindlinReferred to: Magistrate Judge James L. Cott

Magistrate Judge James L. Cott (Settlement)Cause: 15:1114 Trademark Infringement

Date Filed: 05/06/2009Jury Demand: NoneNature of Suit: 840 TrademarkJurisdiction: Federal Question

Plaintiff

Gucci America, Inc. represented by Louis Sherman EdererArnold & Porter, LLP399 Park Avenue

New York, NY 10022(212) 715-1000 x1102Fax: (212) 715-1399Email: [email protected] ATTORNEY

ATTORNEY TO BE NOTICED

Matthew Thomas Salzmann

Arnold & Porter, LLP399 Park AvenueNew York, NY 10022(212) 715-1000Fax: (212) 715-1399

Email: [email protected] TO BE NOTICED

V.

Defendant

Guess?, Inc. represented by Andrew Jay FrackmanO'Melveny & Myers LLP7 Times SquareNew York, NY 10036212-326-2000Fax: 212-326-2061

Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Daniel M. Petrocelli

O'Melveny & Myers, LLP(C'tyCity)1999 Avenue of the Stars7th FloorLos Angeles, CA 90067-6035


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(310) 246-6700 x6850Fax: (310) 246-6779Email: [email protected] TO BE NOTICED

David Jeffrey Marroso

O'Melveny & Myers LLP1999 Avenue of the StarsLos Angeles, CA 90067310-553-6700Fax: 310-246-6779Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

Robert Craig Welsh

O'Melveny & Myers, LLP(C'tyCity)1999 Avenue of the Stars7th Floor

Los Angeles, CA 90067-6035(310) 246-6700 x6712Fax: (310) 246-6779Email: [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 ATTORNEYATTORNEY TO BE NOTICED


(See above for address)ATTORNEY TO BE NOTICED

Robert Craig Welsh


Defendant

Marc Fisher Footwear LLC represented by Darren Wayne Saunders

Manatt, Phelps & Phillips,LLP(TimesSq)7 Times SquareNew York, NY 10036212-790-4500Fax: 212-790-4545Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Alpa V Patel

Manatt, Phelps & Phillips, LLP(NYC)7 Times Square


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New York, NY 10019(212) 790-4500Fax: (212) 790-4545Email: [email protected] TO BE NOTICED

David Jeffrey Marroso(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

Defendant

The Max Leather Group/Cipriani

Accessories, Inc.represented by John T. Williams

Hinkhouse Williams Walsh LLP180 North Stetson StreetSuite 3400

Chicago, IL 60601(312)-268-5767Fax: (312)-268-5801

Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Robert Craig Welsh

(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

Defendant

Sequel AG represented by Robert Craig Welsh(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED


(See above for address)

PRO HAC VICEATTORNEY TO BE NOTICED

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

(See above for address)LEAD ATTORNEY



(See above for address)PRO HAC VICE


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Defendant

Viva Optique, Inc. represented by Robert Craig Welsh(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



Defendant

Signal Products, Inc. represented by Robert Craig Welsh(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED



John T. Williams


Kristin Marie Darr

Steptoe & Johnson, LLP (NYC)1114 Avenue of the Americas

New York, NY 10036(212)-506-3900Fax: 212-506-3950Email: [email protected] TO BE NOTICED

Michael R. Heimbold

Steptoe & Johnson, LLP(LA)2121 Avenue of the StarsSuite 2800

Los Angeles, CA 90067(310)734-3200Fax: (310) 734-3300Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

William G. Pecau

Steptoe & Johnson, LLP (DC)

1330 Connecticut Avenue, N.W.Washington, DC 20036(202)-429-6244Fax: (202)-429-3902


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Defendant

Swank, Inc. represented by Abigail Anne RubinsteinSteptoe & Johnson, LLP (DC)1330 Connecticut Avenue, N.W.Washington, DC 20036

(202) 429-3068Fax: (202) 261-0595Email: [email protected]: 12/23/2011LEAD ATTORNEY

Paul Fields

Leason Ellis LLP

One Barker Ave., Fifth FloorWhite Plains, NY 10601914-288-0022

Fax: 914-288-0023Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

Robert Craig Welsh


Atul R. Singh

Darby & Darby, P.C.(NYC)7 World Trade Center

250 Greenwich StreetNew York, NY 10007-0042(212) 527-7700 X7735Fax: (212) 527-7701Email: [email protected]: 12/21/2011



Karin Fromson Segall

Leason Ellis LLP81 Main StreetSuite 503White Plains, NY 10601(914)-821-9072Fax: (914)-288-0023



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Interested Party

Jonathan Moss

Counter Claimant

Guess?, Inc. represented by Andrew Jay Frackman




Robert Craig Welsh


V.

Counter Defendant

Gucci America, Inc. represented by Louis Sherman Ederer(See above for address)

LEAD ATTORNEYATTORNEY TO BE NOTICED



Counter Claimant

Signal Products, Inc. represented by Robert Craig Welsh(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

Kristin Marie Darr


V.

Counter Defendant

Gucci America, Inc. represented by Louis Sherman Ederer(See above for address)LEAD ATTORNEY





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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 PPRGroup as Corporate Parent. Document filed by Gucci America, Inc.(ama)(ama). (Entered: 05/07/2009)

05/06/2009 Mailed notice to Commissioner of Patents and Trademarks to report thefiling of this action. (ama) (Entered: 05/07/2009)

05/07/2009 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney LouisSherman Ederer for noncompliance with Section (14.3) of the S.D.N.Y.Electronic Case Filing Rules & Instructions. E-MAIL the PDF forDocument 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 LouisS. Ederer dated 5/8/09 re: Counsel for Plaintiff write to request fromSection 14.3 of the Electronic Case Filing Rules & Instructions of theS.D.N.Y. Counsel respectfully requests permission to maintain the exhibits

to Gucci's complaint as a paper document, as suggested by the Clerk'sOffice. ENDORSEMENT: Plaintiff may keep all exhibits as paperdocuments 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 ofGuess?, Inc., Guess Italia S.r.l. (Frackman, Andrew) (Entered: 05/27/2009)

05/27/2009 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filedby 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 byJudge 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, NewYork, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge ShiraA. Scheindlin on 5/28/2009) (jpo) (Entered: 06/01/2009)


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06/05/2009 8 ORDER FOR ADMISSION PRO HAC VICE OF DANIEL M.PETROCELLI AND ROBERT C. WELSH: Daniel Petrocelli and RobertC. Welsh are hereby permitted to appear in this action pro hac vice onbehalf 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 OrderAdmitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk forupdating of Attorney Information. (tro) (Entered: 06/05/2009)

06/09/2009 9 ORDER ADJOURNING INITIAL PRETRIAL CONFERENCE: IT ISORDERED that the Initial Pretrial Conference scheduled for June 23, 2009be adjourned to July 10, 2009 at at 2:30 p.m. Counsel are advised that all ofthe other terms set forth in the Court's Initial Pretrial Conference Orderdated May 28, 2009 remain in effect. (Signed by Judge Shira A. Scheindlinon 6/9/2009) (jfe) (Entered: 06/09/2009)

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 casebe referred to the Clerk of Court for assignment to a Magistrate Judge forsettlement. Referred to Magistrate Judge Kevin Nathaniel Fox.ENDORSEMENT: September would be best. Thanks. (Signed by JudgeShira 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 bedeposed by 7/27/09. Reply by 8/10, Response 9/14. All fact depositions by12/31/09. Initial expert reports due 1/29. Rebuttal expert reports due 2/23.

Each expert's deposition will be completed by 3/19. Discovery shall becompleted 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 pursuantto Fed. R. Civ. P. 16(d) will be held on 4/6 at 4:30. Anticipated length oftrial and whether to court or jury: Eight (8) day bench trial. (Signed byJudge 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 theircounsel(s), hereby give notice that the above-captioned action isvoluntarily dismissed, without prejudice against the defendant(s) GuessItalia 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 actionon February 24, 2010, at 10:30 a.m., in courtroom 20A, 500 Pearl St., NewYork, New York. Additional relief as set forth in this Order. (Signed by

Magistrate Judge Kevin Nathaniel Fox on 7/20/09) (pl) (Entered:


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07/21/2009)

08/06/2009 16 ORDER GRANTING AMENDMENT OF GUESS?, INC'S ANSWERAND AFFIRMATIVE DEFENSES, Guess may file its First AmendedAnswer and Affirmative Defenses. (Signed by Judge Shira A. Scheindlinon 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 thefiling of plaintiff Gucci America, Inc.'s First Amended Complaint. TheFirst Amended Complaint shall be deemed fIled as of the date of entry ofthis Stipulation and Order. SO ORDERED. (Signed by Judge Shira A.Scheindlin on 8/17/2009) (tve) (Entered: 08/18/2009)

08/18/2009 19 FIRST AMENDED COMPLAINT amending 1 Complaint against MarcFisher 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)

08/28/2009 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney LouisSherman Ederer for noncompliance with Section (14.3) of the S.D.N.Y.Electronic Case Filing Rules & Instructions. E-MAIL the PDF forDocument 19 Amended Complaint, to: [email protected].(ama) (Entered: 08/28/2009)

09/02/2009 21 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from LouisS. Ederer dated 8/31/2009 re: Accordingly, we reiterate our request forleave from Section 14.3. ENDORSEMENT: Plaintiff may keep all exhibitsas paper documents because they are voluminous and need not file themelectronically. (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 CorporateParent. 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 document: 19 Amended Complaint, filed by Gucci America,Inc..(Welsh, Robert) (Entered: 09/14/2009)

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


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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. IdentifyingAmerican Biltrite Inc. as Corporate Parent. Document filed by K&MAssociates L.P..(Welsh, Robert) (Entered: 09/14/2009)

09/14/2009 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No CorporateParent. Document filed by The Max Leather Group/Cipriani Accessories,Inc..(Welsh, Robert) (Entered: 09/14/2009)

09/14/2009 29 ANSWER to Amended Complaint. Document filed by The Max LeatherGroup/Cipriani Accessories, Inc., K&M Associates L.P.. Relateddocument: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh,Robert) (Entered: 09/14/2009)

09/15/2009 30 NOTICE OF APPEARANCE by Darren Wayne Saunders on behalf ofMarc Fisher Footwear LLC (Saunders, Darren) (Entered: 09/15/2009)

09/15/2009 31 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of VivaOptique, 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 document: 19 Amended Complaint, filed by Gucci America,Inc..(Welsh, Robert) (Entered: 09/15/2009)

09/16/2009 34 NOTICE OF APPEARANCE by Abigail Anne Rubinstein on behalf ofSwank, Inc. (Rubinstein, Abigail) (Entered: 09/16/2009)

09/16/2009 35 STIPULATED ORDER EXTENDING DEFENDANT MARC FISHERFOOTWEAR LLC'S TIME TO ANSWER OR OTHERWISE RESPOND;Plaintiff and Defendant hereby stipulate that defendant Marc FisherFootwear LLC has up to 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 MaxLeather 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 FisherFootwear 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 SignalProducts, Inc. (Welsh, Robert) (Entered: 10/05/2009)


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10/05/2009 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO CorporateParent. 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, Robert) (Entered: 10/05/2009)

10/05/2009 42 NOTICE OF APPEARANCE by Darren Wayne Saunders on behalf ofMarc Fisher Footwear LLC (Saunders, Darren) (Entered: 10/05/2009)

10/06/2009 43 NOTICE OF APPEARANCE by Alpa V. Patel on behalf of Marc FisherFootwear LLC (Patel, Alpa) (Entered: 10/06/2009)

10/14/2009 44 ORDER MODIFYING THE COURT'S JULY 10, 2009 SCHEDULINGORDER: All fact depositions are to be completed by 2/26/2010. All expertdepositions are to be completed by 5/21/2010. Pretrial Order due by6/25/2010. Final Pretrial Conference set for Monday, 6/7/2010 at 04:30 PMbefore 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 befollowed that shall govern the handling of confidential material.... (Signedby 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 SequelAG (Welsh, Robert) (Entered: 10/28/2009)

10/28/2009 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. IdentifyingTimex Nederland B.V. as Corporate Parent. Document filed by SequelAG.(Welsh, Robert) (Entered: 10/28/2009)

10/28/2009 48 ANSWER to Amended Complaint. Document filed by Sequel AG. Relateddocument: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh,

Robert) (Entered: 10/28/2009)

12/08/2009 49 ORDER, that the settlement conference scheduled previously for February24, 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 byMagistrate 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 DefendantSwank, Inc.. Document filed by Swank, Inc.. (Fields, Paul) (Entered:12/29/2009)

12/31/2009 51 ORDER ADJOURNING JANUARY 7, 2010 PRE-MOTIONCONFERENCE: NOW, THEREFORE, IT IS HEREBY ORDERED, thatthe pre-motion conference set for January 7, 2010 at 2:30 p.m., isadjourned to January 11, 2010 at 2:30, in Courtroom 15C, 500 Pearl Street,New York, New York. (Signed by Judge Shira A. Scheindlin on12/31/2009) (jfe) (Entered: 12/31/2009)

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


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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. beforeJudge 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 2/9/10conference. ENDORSEMENT: Plaintiff's request to adjourn the 2/9/10conference is hereby granted. The conference has been rescheduled for2/24/10 at 4:30 pm. ( Conference reset for 2/24/2010 at 04:30 PM beforeJudge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on2/3/10) (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)

03/10/2010 57 TRANSCRIPT of proceedings held on 5/2/10 before Judge Shira A.Scheindlin. (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 notsettle. 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)

03/25/2010 59 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that casebe referred to the Clerk of Court for assignment to a Magistrate Judge forSpecific Non-Dispositive Motion/Dispute: Discovery dispute Re: March 17

Guess letter. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signedby 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 ANOTHERMAGISTRATE JUDGE. The referral in the above entitled action has beenreassigned to Magistrate Judge James L. Cott, for Specific Non-Dispositive

Motion/Dispute: Discovery dispute Re: March 17 Guess letter. MagistrateJudge 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 PrivilegedCommunications of Plaintiff's In-House Legal Counsel Jonathan Moss.Document filed by Gucci America, Inc..(Ederer, Louis) (Entered:04/02/2010)


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04/02/2010 63 DECLARATION of Louis S. Ederer in Support re: 62 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

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

Protective OrderAgainst the Disclosure of the Privileged Communicationsof Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 65 DECLARATION of Timothy A. Chorba in Support re: 62 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 66 DECLARATION of Arthur Leshin in Support re: 62 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by

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

04/02/2010 67 DECLARATION of Christy Leleck in Support re: 62 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 68 DECLARATION of Karen Lombardo in Support re: 62 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 69 DECLARATION of Daniella Vitale in Support re: 62 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communications

of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 70 MEMORANDUM OF LAW in Support re: 62 MOTION for ProtectiveOrderAgainst the Disclosure of the Privileged Communications ofPlaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 71 MOTION for Protective OrderAgainst the Disclosure of the PrivilegedCommunications 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 72 DECLARATION of Louis S. Ederer in Support re: 71 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof 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 ExhibitD)(Ederer, Louis) (Entered: 04/02/2010)

04/02/2010 73 DECLARATION of Vanni Volpi in Support re: 71 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property


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Counsel Vanni Volpi.. 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 forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property


04/02/2010 75 DECLARATION of Cheryl Solomon in Support re: 71 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property


04/02/2010 76 DECLARATION of Fausto Pocar in Support re: 71 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof 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 77 MEMORANDUM OF LAW in Support re: 71 MOTION for ProtectiveOrderAgainst 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 OrderAgainst 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 motionpapers that relate to Moss, and in particular, the circumstances giving rise

to his termination, is denied. (Signed by Magistrate Judge James L. Cott on4/8/10) (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 ProtectiveOrderAgainst the Disclosure of the Privileged Communications of

Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGuess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010)

04/16/2010 81 DECLARATION of Robert C. Welsh in Opposition re: 62 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGuess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010)

04/16/2010 82 MEMORANDUM OF LAW in Opposition re: 71 MOTION for ProtectiveOrderAgainst 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 Guess?, Inc.. (Welsh, Robert) (Entered:

04/16/2010)


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04/16/2010 83 DECLARATION of Robert C. Welsh in Opposition re: 71 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property

Counsel Vanni Volpi.. Document filed by Guess?, Inc.. (Attachments: # 1

Exhibit A to R. Welsh Declaration, # 2 Exhibit B-G to R. WelshDeclaration)(Welsh, Robert) (Entered: 04/16/2010)

04/16/2010 84 DECLARATION of Silvia Giudici in Opposition re: 71 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property

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

04/16/2010 85 DECLARATION of Franco Ferrari in Opposition re: 71 MOTION forProtective OrderAgainst the Disclosure of the Privileged Communicationsof Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property

Counsel Vanni 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 ofthe Privileged Communications of Plaintiff's In-House Legal Counsel

Jonathan Moss. Objections to Evidence Offered In Support of Plaintiff'sMotion For Protective Order re: Jonathan Moss. Document filed byGuess?, 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 tofile 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 byMagistrate 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 considerMoss' affidavit and grant Guess' request,Gucci, in turn, requests that theCourt: (i) grant Gucci three (3) additional pages in reply (bringing the totalpage limit on Gucci's reply on this motion and Gucci's motion with respectto 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 onTuesday, April 27, 2010 as Gucci will not be in a position to determinehow to allocate its pages on reply until it receives Guess' supplementalsubmission on April 20. ENDORSEMENT: This request is granted. SoOrdered. (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 ProtectiveOrderAgainst the Disclosure of the Privileged Communications ofPlaintiff's In-House Legal Counsel Jonathan Moss. Supplemental

Memorandum in Opposition to Gucci's Motion re: Jonathan Moss.Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/20/2010)

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

House Legal Counsel Jonathan Moss. Supplemental Declaration of Robert


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of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 04/27/2010)

04/28/2010 98 ORDER GRANTING MARC FISHER LLC LEAVE TO AMEND MARCFISHER LLC'S ANSWER TO THE FIRST AMENDED COMPLAINT: Itis hereby ordered that Marc Fisher LLC is granted leave to amend its

Answer to the First Amended Complaint to interpose a counterclaim forcancellation of U.S. Trademark Registration No. 1,483,526; and it isfurther ordered that Gucci America, Inc. shall have 21 days from the dateof service of Marc Fisher LLC 's amended pleading to serve and file itsreply. (Signed by Judge Shira A. Scheindlin on 4/28/2010) (jpo) (Entered:04/28/2010)

04/30/2010 99 STIPULATION AND ORDER: It is hereby stipulated and agreed by andbetween the parties that Plaintiff Gucci America, Inc. be permitted to fileits Second Amended Complaint. (Signed by Judge Shira A. Scheindlin on4/30/2010) (jpo) (Entered: 04/30/2010)

05/05/2010 100 TRANSCRIPT of proceedings held on 4/26/10 before Judge Shira A.

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

05/06/2010 101 SECOND AMENDED COMPLAINT amending 19 Amended Complaint,against Guess?, Inc., Marc Fisher Footwear LLC, The Max LeatherGroup/Cipriani Accessories, Inc., Sequel AG, K&M Associates L.P., VivaOptique, Inc., Signal Products, Inc., Swank, Inc.Document filed by GucciAmerica, Inc. Related document: 19 Amended Complaint, filed by GucciAmerica, Inc. (mro) (Entered: 05/07/2010)

05/10/2010 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney LouisSherman Ederer for noncompliance with Section (14.3) of the S.D.N.Y.

Electronic Case Filing Rules & Instructions. E-MAIL the PDF forDocument 101 Amended Complaint, to:

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

05/11/2010 102 MODIFIED SCHEDULING ORDER: All fact discovery is to becompleted by Friday, August 6, 2010; the parties are to serve all initialexpert reports, if any, by Friday, September 24, 2010; the parties are toserve all rebuttal expert reports, if any, by Friday, October 15, 2010; allexpert depositions, if any, are to be completed by Friday, November 12,2010; Plaintiff will supply its pre-trial order matters to defendants byFriday, December 3, 2010; the parties will submit a pre-trial order in aform 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) willbe 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)

05/14/2010 103 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from LouisS. Ederer dated 5/13/2010 re: Counsel for Plaintiff write to request leaveand 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 SecondAmended Complaint as paper documents only. ENDORSEMENT:Plaintiff's request for leave from section 14.3 of the Electronic Case Filing


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Rules & Instructions of the SDNY to file exhibits to Gucci's secondamended complaint as paper documents only is hereby granted. (Signed byJudge 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 byGucci America, Inc..(Saunders, Darren) (Entered: 06/03/2010)

06/03/2010 105 ANSWER to Amended Complaint., COUNTERCLAIM against GucciAmerica, Inc.. Document filed by Guess?, Inc.. Related document: 101Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert)(Entered: 06/03/2010)

06/03/2010 106 ANSWER to Amended Complaint., COUNTERCLAIM against GucciAmerica, 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 LeatherGroup/Cipriani Accessories, Inc., Sequel AG, K&M Associates L.P., VivaOptique, Inc., Swank, Inc.. Related document: 101 Amended Complaint,filed by Gucci America, Inc..(Welsh, Robert) (Entered: 06/03/2010)

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

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

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 fromRobert 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 notintend to assert the advice of counsel defense in the above-referencedlitigation. ENDORSEMENT: The Clerk is directed to docket this letter. Soordered. (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 reviseits amended privilege log as follows: (i) indentify with specificity which ofthe Volpi communications relate to the instant litigation and whichcommunications relate to the Italian litigation so that the Court can

determine whether the attorney client privilege applies; and (ii)provide adetailed description, beyond the subject matter of the document, sufficientto indicate Gucci's basis for designating each of the communicationsinvolving both Volpi and moss- as protected from disclosure pursuant tothe work product doctrine. Gucci is further directed to submit the revisedamended privilege log to the Court in 12-point font, with a copy servedupon all counsel of record, by July 6, 2010. So Ordered (Signed byMagistrate Judge James L. Cott on 7/29/2010) (js) Modified on 6/29/2010(js). Copies by ECF (Entered: 06/29/2010)


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06/29/2010 112 MEMORANDUM AND ORDER: For these reasons, Gucci's applicationfor a protective order against the disclosure of the privilegedcommunications of Jonathan Moss on attorney-client privilege grounds isdenied. 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. Seee.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 notapplicable to public relations firm, but work-product doctrine protectedcommunications sent to consultant by counsel). The party invoking thework-product doctrine "must show that the documents were preparedprincipally 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 theissue of whether the work-product doctrine applies here, the Court iswithout sufficient information regarding the nature of the documents toascertain whether the privilege applies. In a related Memorandum andOrder 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 doctrine will be considered following theamendments to the privilege log. So Ordered (Signed by Magistrate JudgeJames L. Cott on 6/29/2010) Copies of this Order are being sent byECF.(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 Courtin 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 andconferred. The parties shall submit additional memoranda of law regardingthe 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 withrespect to the June 29, 2010 Memorandum and Order until its motion withrespect to Mr. Moss is fully decided is granted. (Signed by MagistrateJudge 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 LouisEderer dated 7/13/10 re: Joint request for an additional 3 days to submit afinal report to 7/16/10 and that the briefing of the remaining work productissues be adjourned to 7/23/10. ENDORSEMENT: The requests are

GRANTED. ( Status Report due by 7/16/2010.) (Signed by MagistrateJudge James L. Cott on 7/13/10) (cd) (Entered: 07/14/2010)

07/23/2010 117 MEMORANDUM OF LAWRe: Discoverability of Documents in GucciAmerica, 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)


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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.'sMotions 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 ofLaw. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A,# 2 Exhibit B, # 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 documentslisted in the Revised Privilege Log to the Chambers of the undersigned by5 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 on7/28/2010) Copies of this order are being Sent By ECF Chambers. (js)(Entered: 07/28/2010)

07/29/2010 123 NOTICE OF APPEARANCE by John T. Williams on behalf of SignalProducts, 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 initialexpert reports, if any by Monday, 11/22/10; The parties are to serve allrebuttal 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 byJudge 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 Courthas 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 isGRANTED IN PART AND DENIED IN PART, and its application for anorder protecting the Moss communications in Docket No. 62 is GRANTEDIN PART AND DENIED IN PART. Gucci is directed to produce thedocuments identified in the attached Schedule "A" in accordance with theinstructions therein by no later than the expiration of the 14-day periodunder Rule 72(a), if no objections are filed. If either side files objections,any requests for further relief, including any stay applications, should bemade 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. Ihereby close the above Order of Reference for magistrate judge statistical


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purposes. This case remains open. Reason: On 9/23/2010, I issued aMemorandum and Order resolving the matter before me. (ae) (Entered:09/28/2010)

10/07/2010 127 Objection re: 112 Order,,,,,, To the June 29, 2010 Memorandum and Orderof Magistrate Judge James L. Cott. Document filed by Gucci America,

Inc.. (Ederer, Louis) (Entered: 10/07/2010)

10/15/2010 128 OPPOSITION BRIEF re: 127 Objection (non-motion)/Memorandum ofLaw 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), 128Opposition 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 America, Inc.. (Ederer, Louis) (Entered:

11/08/2010)

11/17/2010 131 TRANSCRIPT of proceedings held on 11/9/2010 @ 4:40 pm before JudgeShira A. Scheindlin. (eef) (Entered: 11/18/2010)

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 at10:00 AM before Judge Shira A. Scheindlin. Pretrial Order due by7/15/2011. (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, theGeneral Counsel of GA's affiliate, Guccio Gucci S.p.A. of Italy to and fromoutside counsel. Having reviewed each document and its attachment(s), thefollowing constitutes the rulings of the Court. 1. Tab 1: 2/20/05 Privileged.The only amendment is to the privilege log which should have describedthe document as "Instructions from General Counsel to outside legaltrademark counsel regarding possible legal action against Guess." 2. Tab 2:2/28/05 Privileged. 3. Tab 3: 3/8/05 Privileged. 4. Tab 4: 9/212/06Privileged. The only oversight was that the unredacted version of Exhibit 2was only submitted to this Court in French, rather than in an English

translation. If such a translation exists it should be submitted to the Courtforthwith although it appears that the attachment is privileged. At theCourt's request Defendant Guess?, Inc. submitted its revised 30(b)(6)notice to GA; its deposition notice to Cheryl Solomon; and its EighthRequest for Production to GA. Each request has been reviewed and thefollowing constitutes the Court's rulings: (1) 30(b)(6) notice: All permittedexcept #15. I note that this is not a document request and that the witnessneed 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 permittedbut only to the extent of producing non-privileged and relevant documents.(3) Eighth Request for Production to GA: To the extent this request seeksdocuments from Guccio Gucci or Gucci Group, the request is stricken. As


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amended a response is required to requests 117-122. Request #123 islimited to Communications regarding Guess? and to non-privileged andrelevant material. Request #124 is permitted. Request #125 is limited tocommunications 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. Thedocument 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 SignalProducts, Inc. (Darr, Kristin) (Entered: 12/30/2010)

01/03/2011 136 OPINION AND ORDER: #99806 For the reasons set forth above, theOrder 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 toprotection pursuant to the attorney-client privilege. (Signed by Judge ShiraA. Scheindlin on 1/3/2011) (jpo) Modified on 1/5/2011 (ajc). (Entered:01/03/2011)

01/03/2011 137 MOTION for Michael R. Heimbold to Appear Pro Hac Vice. Documentfiled 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 GucciAmerica's application to quash the Solomon Notice, including the

document requests annexed thereto, and further, to the extent the December27, 2010 Order may appear to be Inconsistent with the Court's November

9, 2010 Order, that the November 9, 2010 Order shall prevail with respectto 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 toAppear Pro Hac Vice. ENDORSEMENT: Motion granted. The Clerk of

the Court is directed to close to close this motion (Doc. # 137). (Signed byJudge Shira A. Scheindlin on 1/7/2011) (jpo) (Entered: 01/07/2011)

01/11/2011 CASHIERS OFFICE REMARK on 137 Motion to Appear Pro Hac Vice inthe 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 casebe referred to the Clerk of Court for assignment to a Magistrate Judge for


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Settlement. Referred to Magistrate Judge James L. Cott. (Signed by JudgeShira A. Scheindlin on 2/25/2011) (lnl) Modified on 3/8/2011 (lnl).(Entered: 02/28/2011)

03/10/2011 142 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from LouisS. 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 enclosedproposed 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 theScheduling Order in view of ongoing settlement discussions. However, noparty may request any further extension of the Schedule for any reasonswhatsoever. (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 PearlStreet, New York, NY 10007 before Magistrate Judge James L. Cott, as setforth in this Order. (Signed by Magistrate Judge James L. Cott on3/30/2011) Copies Mailed By Chambers. (jpo) Modified on 4/4/2011 (jpo).(Entered: 03/30/2011)

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 anynon-privileged poritons that should be disclosed by plaintiff GucciAmerica: As I advised the parties at a conference yesterday, as toDocument Nos. 35,37, and 38, my rulings remain the same. As toDocument Nos. 1,5, and 34, in light of Judge Scheindlin's ruling...areprivileged and need not be disclosed. (Signed by Magistrate Judge JamesL. Cott on 4/28/11) Copies Sent by ECF to all Counsel(cd) (Entered:04/28/2011)

05/02/2011 148 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case

be referred to the Clerk of Court for assignment to a Magistrate Judge forSpecific Non-Dispositive Motion/Dispute:* Discovery dispute regardingproduction of foreign sales information. Referred to Magistrate JudgeJames 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 ofFiling of Official Transcript. The document was incorrectly filed in thiscase. (tro) (Entered: 05/13/2011)


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05/20/2011 149 TRANSCRIPT of Proceedings re: argument held on 4/22/2011 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin,(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline for

Release of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 6/13/2011. Redacted Transcript

Deadline set for 6/23/2011. Release of Transcript Restriction set for8/22/2011.(McGuirk, Kelly) (Entered: 05/20/2011)

05/20/2011 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is herebygiven that an official transcript of a Argument proceeding held on 4/22/11has been filed by the court reporter/transcriber in the above-captionedmatter. The parties have seven (7) calendar days to file with the court aNotice of Intent to Request Redaction of this transcript. If no such Notice is

filed, the transcript may be made remotely electronically available to thepublic 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 anorder compelling Defendants to produce foreign sales and cost informationrelating to the allegedly infringing products is denied. (Signed byMagistrate Judge James L. Cott on 5/25/11) Copies Sent By Chambers viaECF. (rjm) (Entered: 05/25/2011)

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 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker,(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 7/18/2011. Redacted TranscriptDeadline set for 7/28/2011. Release of Transcript Restriction set for9/26/2011.(McGuirk, Kelly) (Entered: 06/23/2011)

06/23/2011 154 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is herebygiven that an official transcript of a Conference proceeding held on6/6/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with thecourt a Notice of Intent to Request Redaction of this transcript. If no suchNotice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(McGuirk,Kelly) (Entered: 06/23/2011)

07/22/2011 155 TRANSCRIPT of Proceedings re: Conference held on 6/6/2011 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker,(212) 805-0300. Transcript may be viewed at the court public terminal or


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purchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 8/15/2011. Redacted TranscriptDeadline set for 8/25/2011. Release of Transcript Restriction set for

10/24/2011.(McGuirk, Kelly) (Entered: 07/22/2011)

07/22/2011 156 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is herebygiven that an official transcript of a Conference proceeding held on 6/6/11has been filed by the court reporter/transcriber in the above-captionedmatter. The parties have seven (7) calendar days to file with the court aNotice of Intent to Request Redaction of this transcript. If no such Notice isfiled, the transcript may be made remotely electronically available to thepublic without redaction after 90 calendar days...(McGuirk, Kelly)(Entered: 07/22/2011)

08/04/2011 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 8/4/2011. (ft) (Entered: 08/16/2011)

08/09/2011 ***DELETED DOCUMENT. Deleted document number 157 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 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel,(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 9/8/2011. Redacted TranscriptDeadline set for 9/19/2011. Release of Transcript Restriction set for


08/15/2011 158 TRANSCRIPT of Proceedings re: Argument held on 8/4/2011 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel,

(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 9/8/2011. Redacted TranscriptDeadline set for 9/19/2011. Release of Transcript Restriction set for11/17/2011.(McGuirk, Kelly) (Entered: 08/15/2011)

08/15/2011 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is herebygiven that an official transcript of a Argument proceeding held on 8/4/11has been filed by the court reporter/transcriber in the above-captionedmatter. The parties have seven (7) calendar days to file with the court aNotice of Intent to Request Redaction of this transcript. If no such Notice isfiled, the transcript may be made remotely electronically available to thepublic without redaction after 90 calendar days...(McGuirk, Kelly)(Entered: 08/15/2011)

08/16/2011 160 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from LouisE. 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 Courtreconsider certain determinations made at the conference with respect tothe exclusion of Gucci's (and Guess's) survey expert reports, withouthaving reviewed the reports and without a full motion record.


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ENDORSEMENT: Request granted in part. The Court will reconsider itsdeterminations as to exclusion of the expert surveys. The parties areordered 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

expert reports and the depositions of the experts. The parties' motions aredue 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 onthe Courts ruling on the Daubert motions, then the summary judgmentbriefing schedule is suspended sine die. Otherwise, the summary judgmentbriefing schedule remains the same. So ordered. (Motions due by8/29/2011. 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 fromRobert C. Welsh dated 8/17/11 re: Counsel requests that the Court amendthe existing summary judgment schedule such that Guess has two weeksfollowing 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' Daubertmotions. (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)

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 LeatherGroup/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 ExpertOpinions, 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 inLimine 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.. (Attachments: # 1 Exhibit A1, # 2Exhibit 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 ToExclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony

and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Documentfiled by Gucci America, Inc.. (Ederer, Louis) (Entered: 08/29/2011)

09/02/2011 167 ORDER: The Clerk of the Court is directed to unseal certain documentspreviously filed under seal in the above-captioned case. Specifically, theClerk is directed to unseal all but one of the documents submitted byGuess? Inc. in conjunction with its Motion to Exclude the Surveys of Dr.

Michael Rappeport, George Mantis, and Dr. Michael B. Mazis [DocketNos. 162 & 163]. The only document that should remain under seal isExhibit C to Dr. Shari Seidman Diamond's 6/24/11 Rebuttal Report.(Signed by Judge Shira A. Scheindlin on 9/2/2011) (lmb) (Entered:


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09/02/2011)

09/02/2011 Transmission to Sealed Records Clerk. Transmitted re: 167 Order to theSealed 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 toExclude the Surveys of Dr. Michael Rappeport, George Mantis, and Dr.Michael B. Mazis. Document filed by Guess, Inc. (This document waspreviously 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 Excludethe Surveys of Dr. Michael Rappeport, George Mantis, and Dr. Michael B.Mazis. Document filed by Guess, Inc. (This document was previously filedunder 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 Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimonyand Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Documentfiled by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products,Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., VivaOptique, Inc.. (Welsh, Robert) (Entered: 09/12/2011)

09/12/2011 171 DECLARATION of Louis S. Ederer in Opposition re: 163 MOTION inLimine.. Document filed by Gucci America, Inc.. (Attachments: # 1Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 ExhibitA5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit A8, # 9 Exhibit B)(Ederer,Louis) (Entered: 09/12/2011)

09/14/2011 172 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis

S. Ederer dated 9/12/2011 re: request that its Memorandum of Law be filedunder seal, or that Gucci be granted permission to file a redactedmemorandum of law that excludes all material so designated.ENDORSEMENT: Request Granted in Part. Gucci may file a redactedMemorandum of Law that excludes material designated "Confidential" or"Highly Confidential-Attorneys Eyes Only". SO ORDERED. (Signed byJudge 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..Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered:

09/15/2011)

09/22/2011 174 REPLY MEMORANDUM OF LAW in Support re: 163 MOTION inLimine.. Document filed by Guess, Inc., K&M Associates L.P., SequelAG, Signal Products, Inc., Swank, Inc., The Max Leather Group/CiprianiAccessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered:09/22/2011)

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

09/22/2011)


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11/16/2011 176 OPINION AND ORDER re:#101038 164 MOTION in Limine To ExcludeDefendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and

Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scottfiled by GucciAmerica, 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 asfollows: the Helfgott Surveys are excluded on all of the issues for whichGuess offers them. The Scott Survey is admissible on the issue of laches,but, like the Helfgott Surveys, excluded on the remainder of the issues forwhich Guess offers it. For the reasons given above, Guess's motion isgranted in part and denied in part as follows: the Mantis Survey isinadmissible on the issue of postsale confusion. The Mazis Survey is

admissible on the issue of association as itrelates to dilution. The Clerk ofthe Court is directed to close these motions (Docket Nos. 162 and 163). Ahearing is scheduled for December 2, 2011 at 4:30p.m. (Signed by JudgeShira 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 JudgeShira A. Scheindlin. (cd) (Entered: 11/17/2011)

11/18/2011 177 ORDER: The conference currently scheduled for December 2, 2011 at 4:30p.m. shall serve as a summary judgment pre-motion conference. Thebriefing schedule will be set at that conference (Signed by Judge Shira A.

Scheindlin on 11/18/2011) (cd) (Entered: 11/21/2011)

12/02/2011 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion 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 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray,

(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 1/3/2012. Redacted TranscriptDeadline set for 1/12/2012. Release of Transcript Restriction set for


12/07/2011 179 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is herebygiven that an official transcript of a Conference proceeding held on 12/2/11has been filed by the court reporter/transcriber in the above-captionedmatter. The parties have seven (7) calendar days to file with the court aNotice of Intent to Request Redaction of this transcript. If no such Notice isfiled, the transcript may be made remotely electronically available to thepublic without redaction after 90 calendar days...(McGuirk, Kelly)(Entered: 12/07/2011)

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)



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12/15/2011 182 MOTION for Summary Judgment. Document filed by Guess, Inc., K&MAssociates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The MaxLeather 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., SequelAG, Signal Products, Inc., Swank, Inc., The Max Leather Group/CiprianiAccessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered:12/15/2011)

12/15/2011 184 DECLARATION of Robert C. Welsh in Support re: 182 MOTION forSummary Judgment.. Document filed by Guess, Inc., K&M AssociatesL.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max LeatherGroup/Cipriani Accessories, Inc., Viva Optique, Inc.. (Attachments: # 1Exhibit 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, # 6Exhibit E - Part 4 of 6, # 7 Exhibit E - Part 5 of 6, # 8 Exhibit E - Part 6 of6, # 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, # 14Exhibit G - Part 3 of 3, # 15 Exhibit H, # 16 Exhibit I - Part 1 of 11, # 17Exhibit I - Part 2 of 11, # 18 Exhibit I - Part 3 of 11, # 19 Exhibit I - Part 4of 11, # 20 Exhibit I - Part 5 of 11, # 21 Exhibit I - Part 6 of 11, # 22Exhibit I - Part 7 of 11, # 23 Exhibit I - Part 8 of 11, # 24 Exhibit I - Part 9of 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 of3, # 30 Exhibit K thru M, # 31 Exhibit N, # 32 Exhibit O)(Welsh, Robert)(Entered: 12/15/2011)

12/15/2011 185 RULE 56.1 STATEMENT. Document filed by Guess, Inc., K&MAssociates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The MaxLeather 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 forreconsideration is granted. The Mantis Survey is relevant and thereforeadmissible -on two narrow issues. First, it is relevant to the issue of post-

sale consumer confusion allegedly caused by Guess Quattro G bags inthose post-sale situations where the casual observer will not see permanentGuess-identifying ornamentation. Second, it its relevant to the issue ofwhether the test bag itself infringes Gucci's trademark and trade dressrights. Guess shall be entitled to five additional pages in its summaryjudgment 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 ascounsel for defendant, Swank, Inc. ("Swank"), in the above action. I am nolonger representing Swank in the above action, which continues to berepresented by Mr. Paul Fields of Leason Ellis LLP and Mr. Robert Welshof O'Melveny & Myers LLP. As such, I respectfully request that the Clerkof Court remove my name and e-mail address from the ECF notificationslist and/or any other service lists. (Signed by Judge Shira A. Scheindlin on12/21/2011) (lmb) (Entered: 12/21/2011)


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12/21/2011 188 MOTION for Summary Judgment. Document filed by Marc FisherFootwear LLC.(Saunders, Darren) (Entered: 12/21/2011)

12/21/2011 189 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 188MOTION for Summary Judgment., 182 MOTION for SummaryJudgment.. 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 forSummary Judgment., 182 MOTION for Summary Judgment.. Documentfiled by Marc Fisher Footwear LLC. (Attachments: # 1 Exhibit A, # 2Exhibit B)(Saunders, Darren) (Entered: 12/21/2011)

12/21/2011 191 RULE 56.1 STATEMENT. Document filed by Marc Fisher FootwearLLC. (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. SO ORDERED. 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 ofSignal Products, Inc.. New Address: Steptoe & Johnson, LLP, 1114Avenue of the Americas, New York, New York, United States of America10036, 212-506-3900. (Darr, Kristin) (Entered: 01/11/2012)

01/27/2012 195 ORDER: In a letter dated January 20, 2012, Defendants requestedpermission to file a reply to Plaintiffs's statement of additional materialfacts as to which it contends there is a genuine issue to be tried, filedpursuant to Local Rule 56.1 (b). Defendants also requested a short

extension of the summary judgment briefing schedule in order to preparesuch a reply. In a letter dated the same day, Plaintiff stated that it did notoppose either request. While Plaintiff's fifty page Rule 56.1 statementflagrantly 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 pendingmotions. Accordingly, Defendants' requests are denied. (Signed by JudgeShira A. Scheindlin on 1/26/2012) (lmb) (Entered: 01/27/2012)

02/03/2012 Minute Entry for proceedings held before Judge Shira A. Scheindlin: StatusConference held on 2/3/2012. (js) (Entered: 03/07/2012)

02/14/2012 196 OPINION AND ORDER #101560 re: 188 MOTION for Summary

Judgment filed by Marc Fisher Footwear LLC, 182 MOTION for SummaryJudgment filed by Signal Products, Inc., Guess?, Inc., The Max LeatherGroup/Cipriani Accessories, Inc., Swank, Inc., K&M Associates L.P.,Sequel AG, Viva Optique, Inc. For the reasons discussed, Guess is entitledto summary judgment on Gucci's dilution claims relating to the Square Gand Quattro G designs. With respect to all other claims, the motions aredenied. The Clerk of the Court is directed to close these motions (DocketNos. 182 and 188). A final pre-trial conference is scheduled for March13,2012 at 5:30 p.m. (Signed by Judge Shira A. Scheindlin on 2/14/2012)

(mro) Modified on 2/14/2012 (mro). Modified on 3/16/2012 (eef).


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(Entered: 02/14/2012)

02/14/2012 Set/Reset Hearings: Final Pretrial Conference set for 3/13/2012 at 05:30PM 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 Summary Judgment.. Document filed byGucci America, Inc.. (Ederer, Louis) (Entered: 02/15/2012)

02/15/2012 198 COUNTER STATEMENT TO 191 Rule 56.1 Statement, 185 Rule 56.1Statement. Document filed by Gucci America, Inc.. (Attachments: # 1 Part2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6)(Ederer, Louis) (Entered:02/15/2012)

02/15/2012 199 DECLARATION of Louis S. Ederer in Opposition re: 188 MOTION forSummary Judgment., 182 MOTION for Summary Judgment.. Documentfiled by Gucci America, Inc.. (Ederer, Louis) (Entered: 02/15/2012)

02/15/2012 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status

Conference held on 2/15/2012. (js) (Entered: 03/08/2012)



02/21/2012 200 TRANSCRIPT of Proceedings re: Conference held on 2/3/2012 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Griffing,(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtained

through PACER. Redaction Request due 3/16/2012. Redacted TranscriptDeadline set for 3/26/2012. Release of Transcript Restriction set for5/24/2012.(McGuirk, Kelly) (Entered: 02/21/2012)

02/21/2012 201 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby

given that an official transcript of a Conference proceeding held on2/3/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with thecourt a Notice of Intent to Request Redaction of this transcript. If no suchNotice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(McGuirk,Kelly) (Entered: 02/21/2012)

02/21/2012 202 MEMORANDUM OPINION AND ORDER: #101469 The Summary

Judgment Opinion is clarified in the following respects: 1) Guess'ssummary judgment motion as to Gucci's claims for injunctive reliefstemming from Guess's allegedly diluting use of the Square Gand QuattroG designs is denied; 2) Gucci was issued trademark registrations for theStylized G on March 11, 1997, March 23, 1999, and January 3, 2006; and3) Guess cannot be charged with constructive knowledge of the Stylized Gdesign based on Gucci's registrations thereof to the extent that Guess usedthe Square G design before such registrations issued. The SummaryJudgment Opinion remains in effect in all other respects. The final pre-trial


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conference remains scheduled for March 13, 2012 at 5:30 p.m. (Signed byJudge Shira A. Scheindlin on 2/21/2012) (ft) Modified on 2/24/2012 (jab).(Entered: 02/21/2012)

02/27/2012 203 NOTICE OF APPEARANCE by William G. Pecau on behalf of SignalProducts, Inc. (Pecau, William) (Entered: 02/27/2012)

02/27/2012 204 MOTION in Limine To Preclude Evidence Regarding Third-Party Ceaseand Desist Letters and Foreign Trademark Disputes. Document filed byMarc Fisher Footwear LLC.(Saunders, Darren) (Entered: 02/27/2012)

02/27/2012 205 MEMORANDUM OF LAW in Support re: 204 MOTION in Limine ToPreclude Evidence Regarding Third-Party Cease and Desist Letters and

Foreign Trademark Disputes.. Document filed by Marc Fisher FootwearLLC. (Saunders, Darren) (Entered: 02/27/2012)

02/27/2012 206 MOTION in Limine to Exclude Evidence concerning Hypothetical LostRoyalties . Document filed by Guess, Inc., K&M Associates L.P., SequelAG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani

Accessories, Inc., Viva Optique, Inc..(Welsh, Robert) (Entered:02/27/2012)

02/27/2012 207 MEMORANDUM OF LAW in Support re: 206 MOTION in Limine toExclude Evidence concerning Hypothetical Lost Royalties.. Document filedby Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc.,Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., VivaOptique, Inc.. (Welsh, Robert) (Entered: 02/27/2012)

02/28/2012 208 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from LouisS. Ederer dated 2/28/12 re: Counsel for the plaintiffs writes on behalf of theparties to seek clarification that the parties' Joint Pretrial Order may befiled on 3/12/12 rather than 3/5/12. ENDORSEMENT: All portions of the

Joint Pretrial Order may be filed in a single consolidated document due onMarch 12, 2012. So ordered. ( Pretrial Order due by 3/12/2012.) (Signed byJudge Shira A. Scheindlin on 2/28/2012) (mro) (Entered: 02/28/2012)

03/05/2012 209 TRANSCRIPT of Proceedings re: Conference held on 2/3/2012 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Griffing,(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 3/29/2012. Redacted Transcript

Deadline set for 4/9/2012. Release of Transcript Restriction set for6/7/2012.(McGuirk, Kelly) (Entered: 03/05/2012)

03/05/2012 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is herebygiven that an official transcript of a Conference proceeding held on 2/3/12has been filed by the court reporter/transcriber in the above-captionedmatter. The parties have seven (7) calendar days to file with the court aNotice of Intent to Request Redaction of this transcript. If no such Notice isfiled, the transcript may be made remotely electronically available to thepublic without redaction after 90 calendar days...(McGuirk, Kelly)

(Entered: 03/05/2012)

03/05/2012 211 ORDER: The subpoena is quashed, and Springut shall not be required to


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submit to a deposition. Springut shall produce the documents Guessrequests. In advance of that production, Springut and Guess shall agree ona protocol to search and redact the records as needed. Guess shall bear allcosts associated with this production, including those related to attorney

review for privilege. (Signed by Judge Shira A. Scheindlin on 3/5/2012)(ab) (Entered: 03/05/2012)

03/05/2012 212 MEMORANDUM OF LAW in Opposition re: 206 MOTION in Limine toExclude Evidence concerning Hypothetical Lost Royalties.. Document filedby Gucci America, Inc.. (Ederer, Louis) (Entered: 03/05/2012)

03/05/2012 213 ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE: It is herebyOrdered that David Marroso is admitted to practice Pro Hac Vice ascounsel for the defendants (as per Chambers). (Signed by Judge Shira A.Scheindlin on 3/3/2012) (mro) (Entered: 03/06/2012)

03/08/2012 CASHIERS OFFICE REMARK on 213 Order Admitting Attorney ProHac Vice in the amount of $200.00, paid on 03/05/2012, Receipt Number

1031465. (jd) (Entered: 03/08/2012)

03/13/2012 214 OPINION AND ORDER #101559: MFFs motion to preclude testimonyregarding the American Disputes is denied. MFFs motion to precludeevidence related to the European Disputes is granted pursuant to Rule 403.Guesss motion to exclude his report and any other evidence regarding"reasonable royalty" damages is denied. (Signed by Judge Shira A.Scheindlin on 3/13/2012) (ft) Modified on 3/16/2012 (eef). (Entered:03/13/2012)

03/13/2012 Minute Entry for proceedings held before Judge Shira A. Scheindlin: StatusConference held on 3/13/2012. (pl) (Entered: 04/10/2012)

03/19/2012 Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status

Conference held on 3/19/2012. (jfe) (Entered: 04/10/2012)

03/21/2012 Minute Entry for proceedings held before Judge Shira A. Scheindlin: FinalPretrial Conference held on 3/21/2012. (jfe) (Entered: 04/10/2012)

03/22/2012 215 TRANSCRIPT of Proceedings re: Conference held on 3/13/2012 beforeJudge Shira A. Scheindlin. Court Reporter/Transcriber: Rebecca Forman,(212) 805-0300. Transcript may be viewed at the court public terminal orpurchased through the Court Reporter/Transcriber before the deadline forRelease of Transcript Restriction. After that date it may be obtainedthrough PACER. Redaction Request due 4/16/2012. Redacted TranscriptDeadline set for 4/26/2012. Release of Transcript Restriction set for


03/22/2012 216 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is herebygiven that an official transcript of a Conference proceeding held on3/13/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with thecourt a Notice of Intent to Request Redaction of this transcript. If no suchNotice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(McGuirk,