Central Garden & Pet Company et al v. Leetronics Corporation et al

Filing 22

Order Adopting Report and Recommendation, granting Motion for Default Judgment, and Issuing Permanent Injunction. Signed by Judge Araceli Martinez-Olguin on 6/3/2024. (ads, COURT STAFF) (Filed on 6/3/2024)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CENTRAL GARDEN & PET COMPANY, et al., 7 8 Plaintiffs, 9 v. 10 LEETRONICS CORPORATION, et al., United States District Court Northern District of California 11 Defendants. Case No. 23-cv-03157-AMO ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING MOTION FOR DEFAULT JUDGMENT, & ISSUING PERMANENT INJUNCTION Re: Dkt. Nos. 12, 20 12 13 The Court has reviewed Magistrate Judge Sallie Kim’s Report and Recommendation Re: 14 15 Plaintiffs’ Motion for Default Judgment. ECF 20. Plaintiffs served Defendants with a copy of the 16 Report and Recommendation on April 22, 2024, and again on April 29, 2024.1 ECF 21. 17 Defendants did not file objections to the Report and Recommendation, and the time for doing so 18 has passed. See Fed. R. Civ. P. 72(b)(2) (“Within 14 days after being served with a copy of the 19 recommended disposition, a party may serve and file specific written objections to the proposed 20 findings and recommendations.”). 21 /// 22 /// 23 /// 24 /// 25 26 27 28 1 On April 22, 2024, Plaintiffs sent a copy of the Report and Recommendation to Defendants via regular mail and FedEx overnight delivery at the address where Defendants were originally personally served in this action. ECF 21 ¶ 3 & Ex. A. In an abundance of caution, on April 29, 2024, Plaintiffs again served Defendants after discovering another address linked to them. Id. ¶¶ 5-6 & Ex. B. The Court finds the Report and Recommendation correct, well-reasoned, and thorough, 1 2 and ADOPTS it in every respect. Accordingly, Plaintiffs’ Motion for Default Judgment, ECF 12, 3 is GRANTED, and their request for injunctive relief is GRANTED as follows: 4 Defendants, their officers, agents, employees and all persons acting or claiming to act on their behalf, are permanently enjoined from advertising, selling, distributing, manufacturing, or displaying any of Plaintiffs’ products or from advertising, selling, distributing, manufacturing, or displaying any products which bear Plaintiffs’ trademarks. 5 6 7 The Clerk is directed to enter judgment consistent with this order and close the file in this 8 9 10 United States District Court Northern District of California 11 12 13 matter. IT IS SO ORDERED. Dated: June 3, 2024 ______________________________________ ARACELI MARTÍNEZ-OLGUÍN United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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