Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:01-cv-02142-WIG

Document 43

Filed 02/10/2004

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT __________________________________________ : : Plaintiff, : v. : : FRANCO APPAREL GROUP, : Defendant. : __________________________________________: DAVID A. BECKERMAN, DOCKET NO. 3:01 CV 2142 (CFD)

February 9, 2004

JOINT MOTION FOR ADJOURNMENT OF THE TRIAL MEMORANDUM ORDER Pursuant to Local Rule 7(b), plaintiff, David A. Beckerman, hereby moves for adjournment of the Trial Management Order. In support of plaintiff's motion, counsel represents as follows: 1. The plaintiff received a trial management order requiring the parties to file

a Trial Memoranda on or before February 23, 2004. 2. 3. This matter has previously been mediated by Judge Garfinkel. There is a companion case titled Beckerman v. Hidary, et al, 3:01CV2143

(SRU) involving the same legal issues. That action has been referred to Judge Garfinkel in Bridgeport for mediation and determination of a motion for summary judgment. 4. This is a case arising under a licensing agreement between Franco and

Starter that granted Franco the right to use certain Trademarks of Starter in connection with its sale and distribution of apparel. Franco was required to make royalty payments on such sales to Starter. Following Starter's bankruptcy and sale of its trademarks to Official Starter, the right to collect royalties due on the licensing agreement with Franco was transferred to David Beckerman in settlement of his claims against the bankruptcy

Case 3:01-cv-02142-WIG

Document 43

Filed 02/10/2004

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estate. Plaintiff contends that Franco failed to make all royalty payments due under the license agreement. Further, Plaintiff is seeking to collect certain promotional fees that Franco allegedly owed to Starter at the time of the bankruptcy. 5. In the Hidary matter, there is a pending motion for summary judgment

before Judge Garfinkel concerning who is entitled to the royalties and promotional fees under the License Agreement between the parties as a result of the sale of Starter's trademarks and Bankruptcy Orders issued in the Starter bankruptcy. The summary judgment issues will be fully briefed during the month of February and a decision is anticipated shortly thereafter. The present case involves a similar license agreement and the parties are making the same claims. The parties are in agreement that the legal issues concerning the License Agreement with Hidary are essentially the same as the legal issues in the Beckerman v. Franco case. Therefore, it is very likely, once the court has decided the summary judgment issue in the Hidary matter, the parties will be in a position to settle this case. Judge Garfinkel has agreed to reconvene the mediation. 6. Counsel for plaintiff, Brian C. Fournier, has communicated with counsel

for defendant, Evan Weintraub, who consents to this motion. Attorney Weintraub is also counsel for the third party defendant, Official Starter, in the Hidary matter. Official Starter was the entity that purchased the Starter Trademarks in the Starter bankruptcy. 7. This is the first request for an adjournment of the trial memorandum order.

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Case 3:01-cv-02142-WIG

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WHEREFORE, plaintiff respectfully requests an adjournment of the trial management order and that this case be stayed until a decision is rendered on the summary judgment issues in the Beckerman v. Hidary matter.

THE PLAINTIFF

By:

______________________________ David A. Slossberg, CT13116 Brian C. Fournier, CT16272 Hurwitz & Sagarin, LLC 147 N. Broad Street Milford, CT 06460 Telephone: 203-877-8000

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Case 3:01-cv-02142-WIG

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Filed 02/10/2004

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CERTIFICATE OF SERVICE This is to certify that on February 9, 2004, a true and correct copy of the foregoing was mailed, first class mail, postage prepaid, to: Evan S. Weintraub, Esq. Wachtel & Masyr, LLP 110 East 59th Street New York, NY 10022

_____________________________________ Brian C. Fournier

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