Zeltiq Aesthetics, Inc. v. POBRA Enterprises, LLC et al

Filing 72

ORDER re 71 Stipulation filed by Zeltiq Aesthetics, Inc. The Stipulated Entry of Permanent Injunction 71 is GRANTED. This case is dismissed with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate any pending motions, and close the file. The Court will enter the permanent injunction under separate cover. The Clerk is directed to terminate John Doe Corporations, John Doe Entities, and John Does 1-50 as party-Defendants. Signed by Judge Sheri Polster Chappell on 7/21/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ZELTIQ AESTHETICS, INC.,
Plaintiff/Counter-Defendant,
v.

Case No: 2:16-cv-792-FtM-38MRM

POBRA ENTERPRISES, LLC,
NAPLES POBRA LLC, JOHN
BRANNELLY, MICHAEL A. POKA,
ANDREA BASILE,
Defendants, CounterPlaintiffs,
JOHN DOE CORPORATIONS,
JOHN DOE ENTITIES and JOHN
DOES 1-50,
Defendants.
/
ORDER1
This matter comes before the Court on the Stipulated Entry of Permanent
Injunction (Doc. 71) filed on July 19, 2017. This is a trademark infringement case wherein
the parties successfully mediated all claims and counterclaims, leading to an agreed upon
permanent injunction, the terms of which are outlined in Doc. 71. Federal Rule of Civil

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Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule
reads in pertinent part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable
federal statute, the plaintiff may dismiss an action without a
court order by filing:
A notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
A stipulation of dismissal signed by all parties who have
appeared.
Fed. R. Civ. P. 41(a)(1)(A).
In this instance, the Parties inform the Court that the case has been settled and
that they agree to a permanent injunction. As such, the Court construes the stipulation
signed by all parties as one for dismissal and entry of judgment and a permanent
injunction.2 The Court will enter the permanent injunction under separate cover. Although
the parties request the Court to maintain jurisdiction over the matter, the Court elects not
to do so. Although Plaintiff does not address whether it will continue to pursue claims
against Defendants John Doe Corporations, John Doe Entities, and John Does 1-50, the
Court will dismiss these Defendants and direct the Clerk to terminate them from this
matter as the John Doe Defendants have not been served with process, nor identified,
and the time for service has expired.
Accordingly, it is now
ORDERED:
(1) The Stipulated Entry of Permanent Injunction (Doc. 71) is GRANTED. This
case is dismissed with prejudice. The Clerk of the Court is directed to enter judgment

Indeed, the last paragraph of the stipulation states that it is a “Stipulated Final Judgment and
Permanent Injunction.”
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accordingly, terminate any pending motions, and close the file. The Court will enter the
permanent injunction under separate cover.
(2) The Clerk is directed to terminate John Doe Corporations, John Doe Entities,
and John Does 1-50 as party-Defendants.
DONE and ORDERED in Fort Myers, Florida this 21st day of July, 2017.

Copies: All Parties of Record

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