Humberto Carrillo et al v. Marco Antonio Flores-Sanchez et al

Filing 42

STIPULATED JUDGMENT AND PERMANENT INJUNCTION 40 by Judge George H. Wu. Plaintiffs and counter-defendants HUMBERTO CARRILLO, SERGIO CARRILLO, and JAVIER CARRILLO, defendant VICTOR ALVAREZ and defendant and counter-complainant MARCO ANTONIO FLORES- SANCHEZ have stipulated to settlement of this action without adjudication of any issue of fact or law. herein. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the subject matter of this action and the parties here to. 2. Judgment is hereby entered in favor of plaintiffs against defendants and each of them as set forth below; all remaining claims against defendants are dismissed pursuant to the separate Dismissal filed by all parties to this action. 3. Judgm ent is hereby entered in favor of counter-complainant against counter-defendants and each of them as set forth below; all remaining claims against counter-defendants are dismissed pursuant to the separate Dismissal filed by all parties to this action. (MD JS-6. Case Terminated) (lom)

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JS-6

STEVEN J. EYRE, CB# 119714
3550 WILSHIRE BOULEVARD, SUITE 1440
LOS ANGELES, CALIFORNIA 90010
[phone]
Fax [phone]
[e-mail]

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Attorney for defendants and for counterclaimant
Marco Antonio Flores-Sanchez

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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HUMBERTO CARRILLO, SERGIO
CARRILLO, and JAVIER CARRILLO,

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Plaintiffs,

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No. CV 13-05118 GW(AGRx)
STIPULATED JUDGMENT AND
PERMANENT INJUNCTION

-vs.MARCO ANTONIO FLORESSANCHEZ, JOSE LUIS
MAGALLANES doing business as JLM
ENTERTAINMENT, VICTOR
ALVAREZ, and DOES 1 to 5,
Defendants.

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MARCO ANTONIO FLORESSANCHEZ

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Counterclaimant,
-vs.HUMBERTO CARRILLO, SERGIO
CARRILLO, and JAVIER CARRILLO
Counter-defendants.

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STIPULATED JUDGMENT AND PERMANENT INJUNCTION

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Plaintiffs and counter-defendants HUMBERTO CARRILLO, SERGIO

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CARRILLO, and JAVIER CARRILLO, defendant VICTOR ALVAREZ and

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defendant and counter-complainant MARCO ANTONIO FLORES-SANCHEZ

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have stipulated to settlement of this action without adjudication of any issue of fact

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or law. The parties have filed a separate stipulation of dismissal herein.

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THEREFORE, based upon the stipulation of the parties, it is hereby
ORDERED, ADJUDGED AND DECREED as follows:

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FINDINGS

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1.

This Court has jurisdiction over the claims brought by plaintiffs under

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28 U.S.C. §§ 1331 and 1138(a), and under 15 U.S.C. § 1125(a)(1)(A), 15 U.S.C. §

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1125(a)(1)(B) and 15 U.S.C. § 1125(c), as well as supplemental state law claims

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brought under 28 U.S.C. § 1367. This Court has jurisdiction over the claims of

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counter-complainant brought under the same federal and state law statutes and

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common law. This Court has jurisdiction over the parties.

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2.

Venue in the Central District of California, United States District Court

(“this federal district”), is proper as to the parties.
3.

The complaint and counterclaim state claims under applicable law for

which relief may be granted.
4.

The parties have entered into a Stipulation for Entry of a Stipulated

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Judgment and Permanent Injunction (hereafter “Stipulation”) freely and without

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coercion.

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5.

The parties, and each of them, have acknowledged that they have read

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the provisions of the Stipulation as well as this Stipulated Judgment and Permanent

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Injunction (hereafter “Judgment”) and will abide by them.

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6.

The parties to the Stipulation have waived all rights to appeal or

otherwise challenge or contest the validity of this Judgment.

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STIPULATED JUDGMENT AND PERMANENT INJUNCTION

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7.

The parties to the Stipulation have waived costs and attorney’s fees

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related to this entire action, including without limitation the Stipulation, Dismissal

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and Stipulated Judgment and Permanent Injunction.

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ORDER

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

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1.

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parties hereto.

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2.

This Court has jurisdiction over the subject matter of this action and the
Judgment is hereby entered in favor of plaintiffs against defendants and

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each of them as set forth below; all remaining claims against defendants are

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dismissed pursuant to the separate Dismissal filed by all parties to this action.

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3.

Judgment is hereby entered in favor of counter-complainant against

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counter-defendants and each of them as set forth below; all remaining claims

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against counter-defendants are dismissed pursuant to the separate Dismissal filed

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by all parties to this action.

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4.

Defendants Marco Antonio Flores-Sanchez, Jose Luis Magallanes doing

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business as JLM Entertainment and Victor Alvarez, and each of them, along with

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defendants’ respective officers, agents, servants and employees, and those persons

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in active concert or participation with them who receive actual notice of this Order

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by personal service or otherwise, are hereby PERMANENTLY ENJOINED AND

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RESTRAINED using the mark AUTENTICA, or any colorable imitation or

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derivative form of the mark, in connection with advertising or promoting of

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musical services or products within the territory of the United States.

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5.

Counter-defendants Humberto Carrillo, Sergio Carrillo, And Javier

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Carrillo, and each of them, along with counter-defendants’ respective officers,

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agents, servants and employees, and those persons in active concert or participation

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with them who receive actual notice of this Order by personal service or otherwise,

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are hereby PERMANENTLY ENJOINED AND RESTRAINED using the mark
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STIPULATED JUDGMENT AND PERMANENT INJUNCTION

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JEREZ, or any colorable imitation or derivative form of the mark, in connection

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with advertising or promoting of musical services or products within the territory

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of the United States.

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6. This Court shall have continuing jurisdiction over the Stipulation and the

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Judgment of Permanent Injunction and over the parties to enforce the terms of the

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same and to hear motions and applications for contempt or any other related

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matter.

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7. The parties shall be entitled to conduct post-judgment discovery for the

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purpose of determining compliance and enforcing the terms of this Judgment and

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Permanent Injunction.
8.

The parties waive costs and attorney’s related to this action.

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IT IS SO ORDERED.

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Dated: May 14, 2014

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HON. GEORGE H. WU
United States District Judge

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STIPULATED JUDGMENT AND PERMANENT INJUNCTION