World Wrestling Entertainment, Inc v. Rodriguez

Filing 46

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Vince Chhabria on 3/23/2016. (knm, COURT STAFF) (Filed on 3/23/2016)

1
2
3
4
5

Matthew G. Ball (SBN 208881)
[e-mail]
K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff WORLD WRESTLING
ENTERTAINMENT, INC.

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10
11
12

WORLD WRESTLING
ENTERTAINMENT, INC.,
Plaintiff,

13
14
15
16
17
18
19

vs.
DOMINIC ANGEL RODRIGUEZ, VU
TRUONG TRAN, BENJAMIN ADHAM
PECHETTI, IBRAHAM NIMER
SHIHEIBER, JOHN AND JANE DOES 1100, and XYZ CORPORATIONS 1-100,
Defendants.

)
) Case Number: C 15-01263-VC
)
) NOTICE OF DISMISSAL WITHOUT
) PREJUDICE; AND [PROPOSED] ORDER
)
)
)
)
)
)
)
)
)
)
)
)

20
21
22
23
24
25
26
27
28
1
NOTICE OF DISMISSAL WITHOUT PREJUDICE and [PROPOSED] ORDER - Case Number: C 15-01263-VC

1

Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiff World Wrestling

2

Entertainment, Inc. (“WWE”), by and through its undersigned attorney, hereby files this Notice

3

of Dismissal Without Prejudice and states as follows:

4

1.

WWE filed this action for trademark infringement, counterfeiting and dilution

5

under the Lanham Act, 15 U.S.C. § 1051, et seq., including the Trademark Counterfeiting Act of

6

1984, 15 U.SC. § 1116(d), and related state law claims for trademark infringement and unfair

7

competition occasioned by Defendants’ unlawful manufacture, distribution and/or sale of

8

counterfeit merchandise bearing unauthorized copies of WWE’s registered and unregistered

9

trademarks and service marks.

10

2.

Pursuant to this Court’s March 24, 2015 Temporary Restraining Order, Order for

11

Seizure of Counterfeit Marked Goods and Order to Show Cause Why A Preliminary Injunction

12

Should Not Issue (Docket Number 18) (the “TRO”), WWE filed an injunction bond with the

13

Court in the amount of US $10,000 (Docket Number 20) and enforced the TRO against

14

counterfeiters at its Wrestlemania® 31 events which occurred in the Santa Clara, California area.

15

3.

As reflected in WWE’s Verified Amended Complaint and the Supplemental

16

Declaration of Lauren Dienes-Middlen (Docket Number 22), WWE personally served

17

Defendants Dominic Rodriguez, Benjamin Pechetti, Vu Tran and Ibraham Shiheiber with

18

WWE’s original Verified Complaint. In addition, WWE mailed the Verified Amended

19

Complaint to each of the named Defendants.

20
21
22

4.

None of the named Defendants appeared at the Preliminary Injunction hearing on

April 7, 2015.
5.

On April 20, 2015, the Court granted a Preliminary Injunction and Order of

23

Seizure, enjoining, among other things, the sale of such counterfeit merchandise and authorizing

24

law enforcement officers to seize such counterfeit merchandise “on the premises or within a five-

25
26

mile radius of the venues where a WWE live event occurs during the duration of this Order.”
Docket Number 24.

27
28
2
NOTICE OF DISMISSAL WITHOUT PREJUDICE and [PROPOSED] ORDER - Case Number: C 15-01263-VC

6.

1

On June 1, 2015, Robert Kane, Esq. entered his appearance as counsel for

2

Dominic Rodriguez, Benjamin Pechetti, and Vu Tran. Docket Number 33. None of those

3

defendants served an answer or otherwise responded to the Amended Complaint.
7.

4
5

Instead, the parties engage in settlement discussions which resulted in a Court-

approved Stipulation of Dismissal without prejudice as to those defendants. Docket Number 41.
8.

6

As reflected in the approved stipulation, however, “all other claims in this lawsuit

7

that are not between WWE and DOMINIC ANGEL RODRIGUEZ, VU TRUONG TRAN, and

8

BENJAMIN ADHAM PECHETTI shall be unaffected by this stipulation and shall remain in full

9

force.” Id.
9.

10
11

Defendant Ibraham Shiheiber has not entered an appearance in this action or

responded to WWE’s Complaint.
10.

12

Since the Court issued the Preliminary Injunction and Seizure Order, WWE has

13

encountered counterfeiters at its 2015-2016 live events. However, other than the named

14

Defendants already identified to the Court, no additional Defendants have been successfully

15

served.
11.

16

Therefore, in the interest of judicial economy, WWE files this Notice of Dismissal

17

Without Prejudice to refiling and dismisses its claims set forth in the Amended Compliant

18

pursuant to Rule 41(a)(1)(A)(i). WWE also requests dismissal of the aforementioned injunction

19

Bond.

20
21
22
23

Dated: March 22, 2016

/s/ Matthew G. Ball
Matthew G. Ball
Attorney for Plaintiff WORLD WRESTLING
ENTERTAINMENT, INC.

24
25
26
27
28
3
NOTICE OF DISMISSAL WITHOUT PREJUDICE and [PROPOSED] ORDER - Case Number: C 15-01263-VC

1

6

this case is DISMISSED without prejudice. It is further ORDERED that Bond Number
106157318 filed on March 25, 2015 is hereby DISMISSED.

S

UNIT
ED

8

March 23, 2016
Dated: _________________

9

RT
U
O

7

S DISTRICT
TE
C
TA

D
RDERE

OO
IT IS S

UNITED STATES DISTRICT JUDGE

10

NO

11

RT

12

ince C
J u d ge V

ER

H

13
14

hhabr ia

R NIA

5

Without Prejudice pursuant to Rule 41(a)(1)(A)(i). Accordingly, it is hereby ORDERED that

FO

4

Plaintiff in the above styled and number cause of action has filed a Notice of Dismissal

LI

3

[PROPOSED] ORDER OF DISMISSAL

A

2

N

F
D IS T IC T O
R

C

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
NOTICE OF DISMISSAL WITHOUT PREJUDICE and [PROPOSED] ORDER - Case Number: C 15-01263-VC