Luxottica Group S.P.A. v. Jim Kounnas Optometrists & Opticians Inc.

Filing 26

REPORT AND RECOMMENDATIONS re 14 Motion for Default Judgment as to Jim Kounnas Optometrists & Opticians Inc. filed by Luxottica Group S.P.A. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefin g consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. (*Objections to R&R due by 1/16/2020). Signed by Judge Jennifer L. Hall on 1/2/2020. (ceg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LUXOTTICA GROUP S.P.A.,

)
)
Plaintiff,
)
)
v.
)
)
JIM KOUNNAS OPTOMETRISTS &
)
OPTICIANS INC.,
)
)
Defendant.
)
______________________________________ )

C.A. No. 18-852-MN

REPORT AND RECOMMENDATION
For the reasons announced at the hearing on December 18, 2019, I recommend
GRANTING Plaintiff’s Motion for Default Judgment (D.I. 14). During the hearing, I issued an
oral report and recommendation that I hereby incorporate by reference. At the conclusion of the
hearing, I ordered Plaintiff to file a revised version of its proposed Default Judgment and Order
for Permanent Injunction, incorporating certain changes that I requested at the hearing. On
December 23, 2019, Plaintiff filed a revised proposed Default Judgment and Order for Permanent
Injunction (D.I. 25). The revised filing satisfactorily incorporates my requested revisions.
Accordingly, I recommend that the Court GRANT Plaintiff’s Motion for Default Judgment
(D.I. 14) and sign Plaintiff’s proposed Default Judgment and Order for Permanent Injunction (D.I.
25). As stated during the hearing, I recommend that the Court fill in the blanks on pages 2 and 15
with the weekly average one-year constant maturity treasury yield, as published by the Board of
Governors of the Federal Reserve System, for the calendar week preceding the date on which the
Court signs the Judgment.
This Report and Recommendation is filed pursuant to 28 U.S.C. § 636(b)(1)(B),(C),
Federal Rule of Civil Procedure 72(b)(1), and District of Delaware Local Rule 72.1. Any

objections to the Report and Recommendation shall be filed within fourteen days and limited to
ten pages. Any response shall be filed within fourteen days thereafter and limited to ten pages.
The failure of a party to object to legal conclusions may result in the loss of the right to de novo
review in the district court.
The parties are directed to the Court’s “Standing Order for Objections Filed Under Fed. R.
Civ. P. 72,” dated October 9, 2013, a copy of which can be found on the Court’s website.

Dated:

January 2, 2020

___________________________________
Jennifer L. Hall
UNITED STATES MAGISTRATE JUDGE

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