Bally Gaming, Inc. v. Jay Simon et al

Filing 17

JUDGMENT by Judge Margaret M. Morrow. Defendants hereby consent to the jurisdiction of this Court for the purpose of allowing entry of judgment to be taken against them pursuant to Rule 68 of the Federal Rules of Civil Procedure. (MD JS-6, Case Terminated). (ah)

JS-6
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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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BALLY GAMING, INC. a Nevada
corporation d/b/a Bally Technologies,

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Plaintiff,

CASE NO.:
2:15-CV-03202-MMM(GJSx)
[PROPOSED] JUDGMENT

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v.

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JAY SIMON, an individual; JEFF
SIMON, an individual; and CASINO
SUPPLY COMPANY; and DOES 1-10,

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Defendants.

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[PROPOSED] JUDGMENT
1035169

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Having considered the Complaint on file in this Action, Defendants Jay Simon,

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Jeff Simon, and Casino Supply Company’s (“Defendants”) Offer of Judgment, and

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Plaintiff Bally Gaming, Inc. d/b/a Bally Technologies’ (“Plaintiff”) Acceptance of the

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Offer of Judgment, it is hereby ORDERED, ADJUDGED AND DECREED that:

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1.

Defendants hereby consent to the jurisdiction of this Court for the

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purpose of allowing entry of judgment to be taken against them pursuant to Rule 68

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of the Federal Rules of Civil Procedure.

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2.

This Court shall take judgment in favor of Plaintiff Bally Gaming, Inc.

(“Plaintiff”) and against Defendants, jointly and severally, in the sum of $7,574

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(seven thousand five hundred seventy-four dollars) less the amount of costs accrued

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in favor of the Plaintiff, with the result that the total judgment amount, including

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recoverable costs, which Defendants shall be obligated to pay shall be $7,574. This

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shall be the total amount to be paid by Defendants on account of any liability claimed

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in this action, including all costs of suit, interest, and/or attorneys’ fees otherwise

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recoverable in this action by Plaintiff.

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3.

Defendants shall be enjoined from using, manufacturing, selling, offering

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for sale, displaying, advertising, promoting, registering, transferring, assigning any

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trademark, logo, design, or source designation of any kind on or in connection with

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Defendants’ goods, products, services, promotional items, domain names, or websites

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that uses the term “Blackjack Switch” as set forth in federal trademark registration,

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Reg. No. 2,687,935 issued by the USPTO on February 18, 2003.

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[PROPOSED] JUDGMENT
1035169

4.

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This Judgment shall not be construed as an admission of liability by the

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Defendants but rather is made solely for the purpose of compromising a disputed

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claim.

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IT IS SO ORDERED, ADJUDGED AND DECREED.

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DATED: May 29, 2015

By:
Hon. Margaret M. Morrow
United States District Court Judge

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[PROPOSED] JUDGMENT
1035169