International Automotive Oversight Bureau v. American Global Standards, Inc. et al

Filing 47

ORDER APPROVING STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTIONON CONSENT 45 by Judge Fernando L. Aenlle-Rocha: Defendants Defendants American Global Standards, Inc. and Stephen Keneally, are hereby PERMANENTLY ENJOINED AND RESTRAINED (SEE DOCU MENT RE SPECIFICS RE COMPLIANCE REQUIREMENTS AND DEADLINES AS ENUMERATED HEREIN). All deadlines governing this action are VACATED The court DISMISSES the action without prejudice. The court retainsjurisdiction to vacate this Order and to reopen the action within sixty (60) days from the date of this Order. This Order does not preclude the filing of a stipulation of dismissal with prejudice pursuant to Fed. R. Civ. P. 41, which does not require approval of the court. ( MD JS-6. Case Terminated ) (lc)

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 INTERNATIONAL AUTOMOTIVE
OVERSIGHT BUREAU,
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Plaintiff,
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v.
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AMERICAN GLOBAL STANDARDS,
15 INC., et al.,

Case No. 2:22-cv-08385-FLA-SSCx
ORDER APPROVING
STIPULATED FINAL JUDGMENT
AND PERMANENT INJUNCTION
ON CONSENT [DKT. 45]

Defendant.

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On March 15, 2024, Plaintiff International Automotive Oversight Bureau

19 (“Plaintiff”) and Defendants American Global Standards, Inc. and Stephen Keneally
20 (“Defendants”) filed a Final Judgment and Stipulated Permanent Injunction on
21 Consent (the “Stipulated Final Judgment”). Dkt. 45.
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The court, having reviewed the Stipulated Final Judgment, and finding good

23 cause therefor, hereby ORDERS:
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1.

Defendants, including their predecessors, successors, subsidiaries,

25 owners, parents, partners, joint ventures, affiliates, directors, stockholders, members,
26 managers, officers, agents, servants, employees, attorneys, consultants, insurers,
27 insureds, sureties, and all persons and entities acting in concert with or that are in
28 privity with Defendants, are hereby permanently enjoined and restrained from
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1 (a) using the IATF 16949 certification mark on compliance certificates and/or in
2 connection with Defendants’ certification services; (b) from committing any acts of
3 deceptive or unlawful trade practices calculated to cause members of the trade or
4 purchasing public to believe that Defendants’ certification services are approved by
5 Plaintiff, or sponsored by or associated with, or related to, or connected with, or in
6 some way endorsed or promoted by Plaintiff under the supervision or control of
7 Plaintiff; and (c) assisting, aiding, or abetting any other person or business entity in
8 engaging in or performing any of the activities referred to in subparagraphs (a) and
9 (b) above.
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2.

No later than ten (10) days from the date of this Order, Defendants

11 shall remove and/or disable any and all references to IATF, IATF 16949 from their
12 website located at http://www.americanglobal.org and any affiliated websites.
13 Further, Defendants shall remove any and all reference to those companies that
14 Defendant American Global Standards, Inc. previously certified as complying with
15 the IATF 16949 standard, including but not limited to those that currently appear at:
16 https://www.americanglobal.org/certified-company-operations/certified17 international-companies-by-ags/.
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3.

If one or both Defendants materially violate any of the terms of this

19 Stipulated Final Judgment, there will be a rebuttable presumption that such violation,
20 and any infringement associated with it, has been, and continues to be, willful. Also,
21 it will be presumed that any such violation causes irreparable harm.
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4.

Violations of this permanent injunction shall initially be referred to

23 JAMS, for alternative dispute resolution. In the event of a violation of this permanent
24 injunction, the United States District Court for the Central District of California shall
25 have exclusive jurisdiction to enforce and adjudicate contempt of this permanent
26 injunction.
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5.

All deadlines governing this action are VACATED.

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The court DISMISSES the action without prejudice. The court retains

2 jurisdiction to vacate this Order and to reopen the action within sixty (60) days from
3 the date of this Order, provided any request by a party to do so shall make a showing
4 of good cause as to why the settlement has not been completed within the 60-day
5 period, what further settlement processes are necessary, and when the party making
6 such a request reasonably expects the process to be concluded.
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7.

This Order does not preclude the filing of a stipulation of dismissal with

8 prejudice pursuant to Fed. R. Civ. P. 41, which does not require approval of the court.
9 Such stipulation shall be filed within the aforementioned 60-day period, or by such
10 later date ordered by the court pursuant to a stipulation by the parties that conforms
11 to the requirements of a showing of good cause stated above.
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IT IS SO ORDERED.
Dated: March 26, 2024

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FERNANDO L. AENLLE-ROCHA
United States District Judge

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