American Automobile Association, Inc., The v. Advance Quotes LLC et al

Filing 44

ORDER ADOPTING 40 REPORT AND RECOMMENDATIONS in its entirety and the court finds Jeff McClendon in contempt for failing to obey the orders of the court and plaintiff is entitled as set forth. Signed by Honorable Robert T. Dawson on November 10, 2011. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
AMERICAN AUTOMOBILE ASSOCIATION, INC.
v.

PLAINTIFF

Case No. 10-6020

ADVANCE QUOTES, LLC;
and JEFF MCCLENDON

DEFENDANTS
ORDER

Now on this 10th day of November 2011, there comes on for
consideration the report and recommendation filed on June 8, 2011
(doc.

40)

by

Magistrate

the

Judge

Honorable

for

the

Barry

Western

A.

Bryant,

District

of

United

States

Arkansas.

objections were filed to the report and recommendation.

No

Further,

on September 16, 2011, the Court issued an order directing Jeff
McClendon to appear at a hearing on November 2, 2011, to show cause
for his failure to comply with the default judgment in this matter.
(Doc. 42).

Defendants failed to appear at the hearing.

Plaintiff

appeared through its counsel, Mr. Chris McNulty.
The

court

sufficiently

has

reviewed

advised,

finds

this
as

case

and,

follows:

being
The

well

and

report

and

recommendation is proper and should be and hereby is adopted in its
entirety.

Accordingly, the Court finds Jeff McClendon in contempt

for failing to obey the orders of this Court.
The Court finds Plaintiff is entitled to (1) immediate payment
of the entire amount granted in the Default Judgment (doc. 29); (2)
immediate payment of Plaintiff’s costs and attorneys’ fees incurred
in attempting to enforce the Default Judgment in the amount of

AO72A
(Rev. 8/82)

16,487.19; (3) immediate cessation of any use of Plaintiff’s AAA
Marks on any of Defendants’ websites; (4) an injunction prohibiting
use of any additional aliases (including but not limited to Web
Inc.) to continue Defendants’ violations of the Default Judgment;
(5) payment to AAA of a fine of $1,000 each day if any of these
conditions are not satisfied within 30 days of entry of this Order;
(6) an injunction requiring Network Solutions LLC, the Registrar of
the domain names associated with Defendants’ websites (or the
current Registrar), to deactivate all websites associated with
domain names controlled by Defendants if Plaintiff discovers any
infringing use of the AAA Marks on any website associated with
Defendants; and (7) an injunction requiring Verisign, the registry,
to change the current Registrar to MarkMonitor, Inc., and upon
transfer, deactivate all websites associated with domain names
controlled by Defendants should Network Solutions LLC fail to
deactivate all websites associated with domain names controlled by
Defendants.
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)