Entrepreneur Media Inc v. D. Nicole Enterprises LLC et al

Filing 58

ORDER TO SHOW CAUSE WHY DUSHAWN THOMAS SHOULD NOT BE FOUND IN CONTEMPT OF COURT by Judge Josephine L. Staton. Show Cause Hearing set for 5/12/2017 02:30 PM before Judge Josephine L. Staton.See Order for further information. (twdb)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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Case No: 8:13−cv−00885−JLS−JPR
ENTREPRENEUR MEDIA, INC.,
Plaintiff/Counterdefendant,
v.
D. NICOLE ENTERPRISES, LLC and
DUSHAWN THOMAS,
Defendants/Counterclaimants

Assigned to: Hon. Josephine L. Staton
ORDER TO SHOW CAUSE WHY
DUSHAWN THOMAS SHOULD
NOT BE FOUND IN CONTEMPT
OF COURT

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On February 20, 2014, this Court entered a Default Judgment and Permanent

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Injunction against D. Nicole Enterprises, LLC, and a voluntary dismissal as to

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DuShawn Thomas, its CEO. (Order, Doc. 44.) On January 30, 2017, the Ninth

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Circuit affirmed (Mem. Disp., Doc. 52), and, on February 21, 2017, the Ninth

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Circuit issued the mandate. (Mandate, Doc. 53.)

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This Court’s Permanent Injunction enjoined D. Nicole Enterprises and its

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officers from “[r]egistering, maintaining the registration of, or filing any

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application to register, any trademark or service mark containing or consisting of

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the word ENTREPRENEUR, including ENTREPRENEURESS . . . .” (Order at

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2.) D. Nicole Enterprises has a pending application to register the trademark

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ENTREPRENEURESS. (Application, Doc. 54-2.) After the Ninth Circuit issued

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the mandate, D. Nicole Enterprises purported to assign its rights to that trademark

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application to DuShawn Thomas, who confirmed on the assignment that she

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remains the CEO of D. Nicole Enterprises. (Assignment, Doc. 54-3.)

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Based on the papers submitted, EMI’s Application for an order to show

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cause why DuShawn Thomas should not be held in contempt is GRANTED as

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follows:

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1. DuShawn Thomas is ORDERED to appear at 2:30 P.M. on Friday,

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May 12, 2017 in Courtroom 10A to show cause why she should not be

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found in contempt of this Court’s February 20, 2014 Permanent

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Injunction;

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2. EMI shall serve this order upon DuShawn Thomas within three (3)
days;
3. DuShawn Thomas shall have twenty-one (21) days from the date of

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service of this Order to submit a brief not to exceed twenty-five pages

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explaining why she should not be found in contempt;

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4. EMI shall have thirty-one (31) days from the date of service of this

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Order on DuShawn Thomas to submit a reply not to exceed twenty-

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five pages.

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IT IS SO ORDERED.

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DATED: April 04, 2017

_____________________________
Hon. Josephine L. Staton
United States District Judge

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