OS Enterprise, LLC v. Fairline Development Canada (1992) LTD et al

Filing 67

ORDER by Judge Saundra Brown Armstrong DENYING 65 MOTION FOR CERTIFICATION OF JUDGMENT. (ndr, COURT STAFF) (Filed on 8/26/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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OS ENTERPRISE, LLC, a California limited

Case No: C 11-4375 SBA

9 liability company,

Plaintiff,

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ORDER DENYING MOTION
FOR CERTIFICATION OF
JUDGMENT

vs.
Docket 65

12 FAIRLINE DEVELOPMENT CANADA

(1992) LTD., a Canada Corporation, and
13 TAWA SUPERMARKET, INC. dba 99

Ranch Market,
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Defendants.
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On September 1, 2011, Plaintiff OS Enterprise, LLC (“Plaintiff”) commenced the

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instant trademark infringement action against Defendants. On May 5, 2014, final judgment

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was entered in favor of Plaintiff and against Defendant Fairline Development Canada

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(1992) Ltd. (“Fairline”) in the amount of $1,830,228. On July 30, 2014, Plaintiff filed a

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motion for certification of judgment, seeking certification of the final judgment “in the

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manner and form . . . required under the Canada Court Order Enforcement Act.” Plaintiff

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requests the Court sign its proposed Certificate of Judgment so it can register the final

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judgment in Canada and pursue collection against Fairline in Canada. Plaintiff, however,

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offers no authority supporting its request. In this District, the Clerk of the Court may issue

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a “Clerk’s Certification of a Judgment to be Registered in Another District.” While

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Plaintiff asserts that this document is insufficient because it does not include certain

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information required under the Canada Court Order Enforcement Act,1 Plaintiff has failed

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to cite any authority demonstrating that it is entitled to the relief it requests. Accordingly,

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Plaintiff’s motion for certification of judgment is DENIED without prejudice. This Order

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terminates Docket 65.

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IT IS SO ORDERED.
8/26/2014

Dated:

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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The information that Plaintiff seeks to include in its proposed Certificate of
Judgment is available in the public docket. Thus, to the extent that the form used by this
27 Court to certify a judgment to be registered in another district is insufficient to register the
final judgment in Canada, Plaintiff can secure certified copies of the relevant documents
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