Caribbean Queen, Inc. v. Gracia Fashion Corp. et al

Filing 172

ORDER DISMISSING ACTION WITH PREJUDICE by Judge John F. Walter. Plaintiff's Motion for dismissal is GRANTED, and this case is dismissed in its entirety with prejudice subject to the terms and conditions specified below. Each party shall bear its own costs and fees including attorney fees. Case Terminated. Made JS-6. (iv)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CARIBBEAN QUEEN, INC., a
California Corporation;

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vs.

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GRACIA FASHION CORP., a New
York corporation; HONG IL KIM, an
individual; BLUEFLY, INC., a Delaware
corporation; JOSEPH C. PARK; an
individual; RUELALA, INC., a
Delaware corporation,

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Defendants.

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The Court hereby orders as follows:
1. Plaintiff’s Motion for dismissal is GRANTED, and this case is dismissed

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ORDER DISMISSING ACTION
WITH PREJUDICE

Plaintiff,

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Case No.: 2:18-cv-03974-JFW-KSx

in its entirety with prejudice subject to the terms and conditions specified

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below.
2. Each party shall bear its own costs and fees including attorney fees.

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3. The dismissal does not have any res judicata effect as to the following:

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(a) Claims that Plaintiff may have against any party other than the

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defendants to this action and their customers, and all of their respective
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ORDER DISMISSING ACTION WITH PREJUDICE
3621272v.1

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past, present, and future predecessors, successors, affiliates, subsidiaries,

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agents, assigns, employees, officers, directors, shareholders, members,

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administrators, representatives, insurers, trustees, independent

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contractors, and attorneys (collectively "Released Parties"):

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(b) Claims that Plaintiff may have as to any of the Released Parties’

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misconduct unrelated to the matters included in the settlement agreement

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between Plaintiff and the Gracia's insurer, Hanover Insurance Company

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(“Settlement Agreement”), including without limitation to copyright

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infringement upon any designs including design EW3013 and design

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EWcad 4441T rap (collectively the "Designs") which occurs after March

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29, 2020;

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(c) Claims with respect to designs other than the Designs; and

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(d) Any claims related to breach of the terms, representations or

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warranties specified in the Settlement Agreement.

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4. The Court will retain jurisdiction for the sole purpose of enforcing the

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settlement until June 3, 2020. All dates in this action, including the trial

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date, are vacated.

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Dated: April 28, 2020
The Honorable John F. Walter
United Stated District Court Judge

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ORDER DISMISSING ACTION WITH PREJUDICE
3621272v.1