Urban Textile, Inc. v Rue 21 Inc. et al

Filing 164

JUDGMENT by Judge Otis D. Wright, II: JUDGMENT is entered in favor of Mark-Edwards Apparel Inc., and against Urban Textile, Inc. 2. Mark-Edwards Apparel Inc. shall file any motion for attorneys fees and costs pursuant to 17 U.S.C. 505 within twenty-one days from the entry of this Order. (MD JS-6, Case Terminated). (lc)

1

JS-6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10
11

URBAN TEXTILE, INC., a California
corporation,

12
13
14
15
16

Plaintiff,

Case No. 2:14-CV-08285-ODW(FFMx)

JUDGMENT

v.
MARK EDWARDS APPAREL INC.,
a Canadian Corporation; DOES 3 100,
Defendants.

17
18
19
20
21

On March 31, 2017, the Court granted defendants’ Mark-Edwards Apparel

22

Inc. and rue21, Inc. (collectively, “Defendants”) Motion for Partial Summary

23

Judgment on plaintiff Urban Textile, Inc.’s (“Urban”) copyright infringement

24

claims based upon Urban design numbers UB-4701, UB-4690, UB-4694, UB-4276,

25

UB-4345, UB-4492, UB-4530, UB-4638, UB-4609, UB-4670, and UB-4672. (ECF

26

No. 139.)

27
28
D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
LOS ANGELES

On November 2, 2017, Urban requested that the Court dismiss rue21, Inc.
from the case due to rue21, Inc.’s bankruptcy. (ECF 154.) The Court granted
[PROPOSED] JUDGMENT

-1-

CASE NO.: 2:14-CV-08285-ODW-FFM

1

Urban’s request, and dismissed rue21, Inc. from this action on November 14, 2017.

2

(ECF 157.)

3

Also on November 14, 2017, pursuant to the parties’ stipulation, the Court

4

dismissed Urban’s claims based upon the lone remaining design at issue in the case,

5

UB-4564. (ECF 157.)

6
7
8
9
10

In light of the foregoing, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED THAT:
1.

JUDGMENT is entered in favor of Mark-Edwards Apparel Inc., and

against Urban Textile, Inc.
2.

Mark-Edwards Apparel Inc. shall file any motion for attorneys’ fees

11

and costs pursuant to 17 U.S.C. § 505 within twenty-one days from the entry of this

12

Order.

13
14

IT IS SO ORDERED.

15
16

Dated: _November 27, 2017

Otis D. Wright II
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
LOS ANGELES

[PROPOSED] JUDGMENT

2

CASE NO. 2:14-CV-08285 ODW (FFMX)