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`UNITED STATES DISTRICT COURT
`CENTRIAL DISTRICT OF CALIFORNIA
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` Case No.: 8:20-cv-01344-MCS-DFMx
`Assigned to the Hon. Mark C. Scarsi,
`Courtroom 7C
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`[PROPOSED] ORDER GRANTING
`THE HALICKI PARTIES’ MOTION
`TO CERTIFY ORDER FOR
`INTERLOCUTORY APPEAL AND
`STAY OF PROCEEDINGS
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`Defendants.
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`CARROLL SHELBY LICENSING,
`INC., a California Corporation, and the
`CARROLL HALL SHELBY TRUST,
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`Plaintiffs,
`vs.
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`DENICE SHAKARIAN HALICKI, an
`individual, ELEANOR LICENSING,
`LLC, a Delaware limited liability
`company, GONE IN 60 SECONDS
`MOTORSPORTS, LLC, a Delaware
`limited liability company, and DOES 1 –
`10,
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`DENICE SHAKARIAN HALICKI, an
`individual, ELEANOR LICENSING,
`LLC, a Delaware limited liability
`company, GONE IN 60 SECONDS
`MOTORSPORTS, LLC, a Delaware
`limited liability company
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`Counter-claimants,
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`vs.
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`CARROLL SHELBY LICENSING,
`INC., a California Corporation, and the
`CARROLL HALL SHELBY TRUST, a
`trust organized under Texas law,
`CLASSIC RECREATIONS, LLC, an
`Oklahoma limited liability company,
`JASON ENGEL, an individual, TONY
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`Case 8:20-cv-01344-MCS-DFM Document 357-1 Filed 01/13/23 Page 2 of 3 Page ID
`#:19398
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`ENGEL, an individual, SPEEDKORE
`PERFORMANCE GROUP, LLC, a
`Wisconsin limited liability company, and
`Roes 1 to 10,
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`Counter-defendants.
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`Pursuant to 28 U.S.C. § 1292(b), the Court GRANTS defendants and
`counterclaimants Denice Shakarian Halicki, Eleanor Licensing, LLC, and Gone in 60
`Seconds Motorsports, LLC’s (collectively “the Halicki Parties”) motion for certification
`interlocutory appeal and stay of proceedings pending appeal.
`The Halicki Parties have demonstrated that there are compelling reasons certify
`the Court’s November 29, 2022 Order (ECF No. 350) for interlocutory appeal on three
`issues:
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`(1) Whether the District Court correctly interpreted the Halicki Films, DC
`Comics, and Daniels test regarding copyrightability of a character by
`requiring under prong 2 of that test an analysis of the character “whenever
`it appears” and a comparison for consistency based on every instance a
`character appears in media.
`(2) Whether the District Court correctly interpreted the Halicki Films, DC
`Comics, and Daniels test regarding copyrightability of a character by
`denying copyrightability to a character based on its repeated appearance in
`one work, regardless of how sufficiently delineated the character appears
`in that work.
`(3) Whether the District Court correctly interpreted the Halicki Films, DC
`Comics, and Daniels test regarding copyrightability of a character by
`determining that an otherwise copyrightable character becomes
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`Case 8:20-cv-01344-MCS-DFM Document 357-1 Filed 01/13/23 Page 3 of 3 Page ID
`#:19399
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`uncopyrightable if a new iteration of the same character has traits and
`attributes varied with prior iterations.
`The Court hereby modifies its November 29, 2022 Order to certify all three of
`these issues for interlocutory appeal as each is a (1) controlling question of law; (2) for
`which there are substantial grounds for difference of opinion; and (3) where an
`immediate appeal may materially advance the ultimate termination of the litigation.
`The Court further hereby vacates the trial set for March 21-21, 2023 and stays all
`further proceedings pending the resolution of the Halicki Parties’ interlocutory appeal.
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`IT IS SO ORDERED.
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`Dated: ___________________
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`__________________________
`The Honorable Mark C. Scarsi
`U.S. District Court Judge
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