American Automobile Association, Inc. v. HCM Brothers, Inc. et al

Filing 38

BENCH WARRANT signed by Judge Garland E. Burrell, Jr on 4/22/2010 ORDERING that Since Defendants remain in violation of the permanent injunction filed on October 29, 2009, and failed to comply with the April 6, 2010 order, to effectuate compliance w ith the Court's orders, a civil seizure warrant shall issue for Defendant Fu Shen Hsiao,requiring that he be immediately seized and incarcerated until the contempt is purged. Following the seizure of Defendant Fu Shen Hsiao, the undersigned jud ge shall be notified so that a hearing may be scheduled to determine whether Defendant Fu Shen Hsiao is willing and able to comply with the October 29, 2009 order, a copy of which is attached as Exhibit B. Defendant Fu Shen Hsiao is further advised that if he wishes to purge himself before the hearing, he shall remove Plaintiffs trademarks from the three webpages listed above and attached as Exhibit A, and from any other place they are displayed. Since Defendants have repeatedly refused to acce pt documents sent from Plaintiff's counsel, the Clerk of the Court shall serve by express mail a copy of this order on Defendant Fu Shen Hsiao at Cedar Inn & Suites, 890 Stateline Avenue, South Lake Tahoe, CA 96150.(Duong, D) ( cc: Fu Shen Hsiao through express mail #EJ019433555US) . Modified on 4/22/2010 (Duong, D).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants were held in contempt of court in an order issued on April 6, 2010 for their continued violation of the permanent injunction issued by the Court on October 29, 2009, which enjoined Defendants from using any of Plaintiff's trademarks without authorization. The April 6 order instructed Defendants that if they did not cease all remaining unauthorized use of Plaintiff's trademarks by April 19, 2010, a bench warrant could issue for the immediate arrest of Defendant Fu Shen Hsiao. A hearing was held on April 19, 2010, at which Defendants did not appear. Defendants have refused to acknowledge or otherwise participate in this litigation. THE AMERICAN AUTOMOBILE ASSOCIATION, INC., Plaintiff, v. HCM BROTHERS, INC. d/b/a CEDAR INN & SUITES, and FU SHEN HSIAO, Defendants. Civil Case No.: 08-cv-02878-GEB-GGH BENCH WARRANT COMMANDING SEIZURE OF DEFENDANT FU SHEN HSIAO RE CIVIL CONTEMPT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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On April 20, 2010, Plaintiff filed a proposed order providing for the issuance of a bench warrant and the immediate arrest of Defendant Fu Shen Hsiao. Plaintiff attached to its proposed order evidence that Defendant Fu Shen Hsiao is the registrant for the domain name CEDARINNTAHOE.COM, which hosts the infringing webpages. At that time, Plaintiff did not attach evidence showing that after April 19, 2010, Defendants continued to violate the permanent injunction. However, on April 21, 2010, Plaintiff submitted evidence, which is attached to this order as Exhibit A, demonstrating that Defendants continue to violate the permanent injunction filed on October 29, 2009. Specifically, Plaintiff has provided printouts of webpages located at: · · · http://www.cedarinntahoe.com/room_rate.htm, http://www.cedarinntahoe.com/season_package.htm, and http://www.cedarinntahoe.com/ski%20package.htm

See Exhibit A. These printouts are dated April 21, 2010 and show that Defendants continue to use Plaintiff's trademarks without authorization after the April 19, 2010 deadline set by the Court. Based on the foregoing, IT IS HEREBY ORDERED AS FOLLOWS: 1. Since Defendants remain in violation of the permanent injunction filed on

October 29, 2009, and failed to comply with the April 6, 2010 order, to effectuate compliance with the Court's orders, a civil seizure warrant shall issue for Defendant Fu Shen Hsiao, requiring that he be immediately seized and incarcerated until the contempt is purged. 2. Following the seizure of Defendant Fu Shen Hsiao, the undersigned judge

shall be notified so that a hearing may be scheduled to determine whether Defendant Fu Shen Hsiao is willing and able to comply with the October 29, 2009 order, a copy of which is attached as Exhibit B. 3. Defendant Fu Shen Hsiao is further advised that if he wishes to purge

himself before the hearing, he shall remove Plaintiff's trademarks from the three webpages listed above and attached as Exhibit A, and from any other place they are displayed.

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Since Defendants have repeatedly refused to accept documents sent from Plaintiff's counsel, the Clerk of the Court shall serve by express mail a copy of this order on Defendant Fu Shen Hsiao at Cedar Inn & Suites, 890 Stateline Avenue, South Lake Tahoe, California, 96150. April 22, 2010 GARLAND E. BURRELL, JR. United States District Judge

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EXHIBIT B

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 vs. 14 15 16 17 18 19 20 21 22 23 24 25 26 HCM BROTHERS, INC. D/b/a/ CEDAR INN & SUITES, and FU SHEN HSIAO, Defendants. __________________________________/ On September 3, 2009, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full. 1 ORDER 2:08-cv-2878-GEB-GGH THE AMERICAN AUTOMOBILE ASSOCIATION, INC., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accordingly, IT IS ORDERED that: 1. The Findings and Recommendations filed September 3, 2009, are ADOPTED; 2. Plaintiffs' motion for entry of default judgment is GRANTED in the amount of $11,782.85; and 3. Defendants are permanently enjoined from using without authorization any of AAA's trademarks; and, within five days of the date on which this Order is served shall destroy any such infringing term, logo, and symbol. Dated: October 28, 2009

GARLAND E. BURRELL, JR. United States District Judge

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