bebe stores, inc. et al v. forever 21 Inc et al

bebe alleges that forever 21 sold garments bearing designs that were identical or virtually identical to bebe's copyrighted designs.
Plaintiffs:Bebe Stores, Inc. and bebe studio, inc
Defendants:forever 21 Inc, forever 21 Retail Inc, forever 21 Logistics LLC and forever XXI Inc
 
Case Number:3:2007cv00035
Filed:January 4, 2007
 
Court:California Northern District Court
Office:San Francisco Office [ Court Info ]
County:San Francisco
Presiding Judge:Hon. Martin J. Jenkins
 
Nature of Suit:Intellectual Property - Copyrights
Cause:17:101 Copyright Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff

Date Filed

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Docket Text

January 4, 2007 1 COMPLAINT (no process) against forever 21 Inc, forever 21 Retail Inc, forever 21 Logistics LLC, forever XXI Inc ( Filing fee $ 350, receipt number 3461100123.). Filed by bebe stores, inc., bebe studio, inc. (slh, COURT STAFF) (Filed on 1/4/2007) (Entered: January 5, 2007)
January 4, 2007 2 ADR SCHEDULING ORDER: Case Management Statement due by 4/3/2007. Case Management Conference set for 4/10/2007 02:00 PM. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 1/4/2007) (Entered: January 5, 2007)
January 4, 2007   CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 1/4/2007) (Entered: January 5, 2007)
January 12, 2007 3 REPORT on the filing or determination of an action regarding copyright infringement (cc: form mailed to register). (slh, COURT STAFF) (Filed on 1/12/2007) (Entered: January 12, 2007)
January 18, 2007 4 MOTION of George C. Chen for leave to appear in Pro Hac Vice (fee paid; receipt no. 34611001900) filed by Bebe Stores, Inc., bebe studio, inc. (slh, COURT STAFF) (Filed on 1/18/2007) (Entered: January 22, 2007)
January 23, 2007 5 ORDER by Judge Martin J. Jenkins GRANTING [4] Motion for Pro Hac Vice admission of attorney George C. Chen. (slh, COURT STAFF) (Filed on 1/23/2007) (Entered: January 25, 2007)
February 2, 2007   Summons Issued as to forever 21 Inc. (slh, COURT STAFF) (Filed on 2/2/2007) (Entered: February 5, 2007)
February 2, 2007   Summons Issued as to forever 21 Retail Inc. (slh, COURT STAFF) (Filed on 2/2/2007) (Entered: February 5, 2007)
February 2, 2007   Summons Issued as to forever XXI Inc. (slh, COURT STAFF) (Filed on 2/2/2007) (Entered: February 5, 2007)
February 2, 2007   Summons Issued as to forever 21 Logistics LLC. (slh, COURT STAFF) (Filed on 2/2/2007) (Entered: February 5, 2007)
February 22, 2007 6 ANSWER to Complaint byforever 21 Inc, forever 21 Retail Inc, forever 21 Logistics LLC, forever XXI Inc. (Attachments: # 1 Proof of Service)(Warner, Paul) (Filed on 2/22/2007) (Entered: February 22, 2007)
March 21, 2007 7 Certificate of Interested Entities by Defendants (Blaxter, J.T.) (Filed on 3/21/2007) (Entered: March 21, 2007)
March 21, 2007 8 ADR Certification (ADR L.R. 3-5b) of discussion of ADR options Submitted by Defendants (Blaxter, J.T.) (Filed on 3/21/2007) (Entered: March 21, 2007)
April 2, 2007 9 MOTION to Appear by Telephone at Case Management Conference filed by Bebe Stores, Inc., bebe studio, inc. Motion Hearing set for 4/10/2007 02:00 PM in Courtroom 11, 19th Floor, San Francisco. (McElenney, Sean) (Filed on 4/2/2007) (Entered: April 2, 2007)
April 3, 2007 10 STIPULATION and Proposed Order selecting Early Neutral Evaluation by forever 21 Inc (Blaxter, J.T.) (Filed on 4/3/2007) (Entered: April 3, 2007)
April 3, 2007 11 JOINT CASE MANAGEMENT STATEMENT filed by forever 21 Inc. (Blaxter, J.T.) (Filed on 4/3/2007) (Entered: April 3, 2007)
April 4, 2007 12 AMENDED ORDER by Judge Martin J. Jenkins granting 9 Motion to Appear by Telephone. (rbe, COURT STAFF) (Filed on 4/4/2007) Additional attachment(s) added on 4/5/2007 (rbe, COURT STAFF). Modified on 4/5/2007 (rbe, COURT STAFF). (Entered: April 4, 2007)
April 4, 2007 13 STIPULATION AND ORDER selecting ADR process. Case referred to early neutral evaluation. Signed by Judge Martin J. Jenkins on 04/04/07. (rbe, COURT STAFF) (Filed on 4/4/2007) (Entered: 04/04/2007)
April 11, 2007 14 Minute Entry: Telephonic Initial Case Management Conference held on 4/10/2007 before Judge Martin J. Jenkins. The parties are directed to meet and confer by 5/4/07 re: the preemption issue and file indication of agreement or motion by close of business that date. Further Status Conference set for 12/11/2007 02:00 PM. Discovery due by 3/28/2008. Motion Hearing set for 6/3/2008 09:30 AM. Pretrial Conference set for 8/26/2008 03:30 PM. 10 day Jury Trial set for 9/8/2008 08:30 AM in Courtroom 11, 19th Floor, San Francisco. before Hon. Martin J. Jenkins. CASE REFERRED to Magistrate Judge Joseph C. Spero for Settlement Conference by July 2008.(Court Reporter : Not Reported.) (epb, COURT STAFF) (Date Filed: 4/11/2007) (Entered: April 11, 2007)
April 12, 2007 15 PRETRIAL ORDER. Signed by Judge Martin J. Jenkins on 04/12/07. (rbe, COURT STAFF) (Filed on 4/12/2007) (Entered: April 12, 2007)
April 18, 2007 16 ADR Clerk's Notice Appointing Andrew P. Bridges as ENE Evaluator dated 4/18/2007. (af, COURT STAFF) (Filed on 4/18/2007) (Entered: April 18, 2007)
April 20, 2007 17 NOTICE AND ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE for 4/23/2007, at 1:30 p.m. Chambers staff will initiate the teleconference. Signed by Magistrate Judge Joseph C. Spero on 4/20/2007. (jcssec, COURT STAFF) (Filed on 4/20/2007) (Entered: April 20, 2007)
April 24, 2007   Pre ENE phone conference scheduled on May 10, 2007 at 10:00 a.m. (af, COURT STAFF) (Filed on 4/24/2007) (Entered: April 24, 2007)
April 24, 2007 18 Minute Entry: A Telephonic Scheduling Conference was held on 4/23/2007. A Further Telephonic Scheduling Conference will be held on 8/10/2007, at 1:30 p.m. (jcssec, COURT STAFF) (Date Filed: 4/24/2007) (Entered: April 24, 2007)
April 25, 2007   *** DUPLICATE ENTRY. PLEASE IGNORE. *** Pre ENE phone conference scheduled on Thursday, May 10, 2007 at 10:00 a.m. (af, COURT STAFF) (Filed on 4/25/2007) Modified on 4/25/2007 (af, COURT STAFF). (Entered: April 25, 2007)
April 25, 2007 19 NOTICE AND ORDER SETTING FURTHER TELEPHONIC SCHEDULING CONFERENCE (with counsel only) for 8/10/2007, at 1:30 p.m. Chambers staff will initiate the teleconference. Signed by Magistrate Judge Joseph C. Spero on 4/25/2007. (jcssec, COURT STAFF) (Filed on 4/25/2007) (Entered: April 25, 2007)
May 3, 2007 20 NOTICE by Bebe Stores, Inc. of service of plaintiffs' first request for admissions (McElenney, Sean) (Filed on 5/3/2007) (Entered: May 3, 2007)
May 3, 2007 21 NOTICE by Bebe Stores, Inc. of service of first set of non-uniform interrogatories (McElenney, Sean) (Filed on 5/3/2007) (Entered: May 3, 2007)
May 3, 2007 22 NOTICE by Bebe Stores, Inc. of service of first request for production of documents and tangible things (McElenney, Sean) (Filed on 5/3/2007) (Entered: May 3, 2007)
May 4, 2007 23 STIPULATION by Bebe Stores, Inc.. (McElenney, Sean) (Filed on 5/4/2007) (Entered: May 4, 2007)
May 7, 2007 24 STIPULATION AND ORDER re 23 Stipulation. Plaintiff shall file 1st Amended Complaint by 5/18/07. Parties to meet and confer re: unfair competition preemption issue. Defendant shall file motion re: unfair competition by 6/8/07. Signed by Judge Martin J. Jenkins on 5/7/07. (epb, COURT STAFF) (Filed on 5/7/2007) (Entered: May 7, 2007)
May 18, 2007 25 AMENDED COMPLAINT against all defendants. Filed byBebe Stores, Inc.. (McElenney, Sean) (Filed on 5/18/2007) (Entered: May 18, 2007)
June 7, 2007 26 AMENDED COMPLAINT against all defendants. Filed byBebe Stores, Inc.. (Attachments: # 1 Part 1 of complaint# 2 Part 2 of complaint# 3 Part 3 of complaint# 4 Part 4 of complaint# 5 Part 5 of complaint# 6 Part 6 of complaint# 7 Part 7 of complaint# 8 Part 8 of complaint# 9 Part 9 of complaint# 10 Part 10 of complaint# 11 Part 11 of complaint# 12 Part 12 of complaint# 13 Part 13 of complaint# 14 Part 14 of complaint)(McElenney, Sean) (Filed on 6/7/2007) (Entered: 06/07/2007)
June 8, 2007 27 ANSWER to Amended Complaint byforever 21 Inc, forever 21 Retail Inc, forever 21 Logistics LLC, forever XXI Inc. (Attachments: # 1 Proof of Service)(Warner, Paul) (Filed on 6/8/2007) (Entered: June 8, 2007)
June 27, 2007   Set/Reset Hearings: ENE Hearing set for 6/27/2007 09:30 AM. (af, COURT STAFF) (Filed on 6/27/2007) (Entered: June 27, 2007)
July 3, 2007 28 CERTIFICATION OF ENE Session on 6/27/2007, case not settled, no follow up contemplated, ENE complete. Signed by Evaluator, Andrew P. Bridges, dated 7/3/2007. (af, COURT STAFF) (Filed on 7/3/2007) (Entered: July 3, 2007)
August 13, 2007 29 NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER. A Settlement Conference has been set for 11/29/2007, at 9:30 a.m., in Courtroom A. Settlement Conference Statements shall be LODGED with Chambers (NOT electronically filed) no later than 11/15/2007. Signed by Magistrate Judge Joseph C. Spero on 8/13/2007. (jcssec, COURT STAFF) (Filed on 8/13/2007) (Entered: 08/13/2007)
Docket Report Last Checked: November 29, 2007 15:21:35 PST
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Plaintiff: Bebe Stores, Inc.
Represented By: Sean Keenan McElenney, George Chun Chen
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Plaintiff: bebe studio, inc
Represented By: Sean Keenan McElenney, George Chun Chen
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Defendant: forever 21 Inc
Represented By: Paul Lewis Warner, J.T. Wells Blaxter
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Defendant: forever 21 Retail Inc
Represented By: Paul Lewis Warner
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Defendant: forever 21 Logistics LLC
Represented By: Paul Lewis Warner
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Defendant: forever XXI Inc
Represented By: Paul Lewis Warner
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