Xtreme Diesel Performance, LLC v. Xtreme Diesel Performance, LLC

Filing 27

ORDER adopting 25 Report and Recommendations to the extent stated in this Order; granting in part and denying in part 20 Plaintiff Xtreme Diesel Performance, LLC's Motion to Enforce Judgment and For Amended Findings and Judgment. See Order for details. Signed by Judge Timothy J. Corrigan on 8/1/2017. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
XTREME DIESEL
PERFORMANCE, LLC,
Plaintiff,
v.

Case No. 5:16-cv-633-Oc-32PRL

XTREME DIESEL
PERFORMANCE, LLC,
Defendant.

ORDER
This case is before the Court on the Plaintiff Xtreme Diesel Performance,
LLC's Motion to Enforce Judgment and For Amended Findings and Judgment
(Doc. 20). On June 20, 2017, the assigned United States Magistrate Judge
issued a Report and Recommendation (Doc. 25) recommending that the motion
be granted in part and denied in part as follows: Defendant Xtreme Diesel
Performance, LLC should be held in contempt of Court for its failure to comply
with the Court’s March 2, 2017 Final Judgment and Permanent Injunction;
Plaintiff should be directed to serve a copy of the Order on Defendant and
promptly file proof of service; Defendant should be given 20 days from the date
of service of the Order to transfer and assign to Plaintiff the domain name

“xdpllc.com,” and file the necessary documents with the Florida Division of
Corporations so that it is no longer registered as Xtreme Diesel Performance,
LLC (or any entity with Plaintiff’s trademarks in its name), and cease and
desist from using Plaintiff’s federally registered trademarks; if Defendant has
not complied within 20 days of service of the Order, the Court should impose a
daily monetary fine until Defendant complies with the Court’s March 2, 2017
Final Judgment and Permanent Injunction and the Court’s Order finding
Defendant in contempt, and appoint a third party to file the necessary
documents to transfer and assign the domain name “xdpllc.com” to Plaintiff, at
the expense of Defendant; and Plaintiff’s request to alter or amend findings or
judgment should be denied.
No party has filed an objection to the Report and Recommendation, and
the time in which to do so has passed. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
72(b); M.D. Fla. R. 6.02(a).
Upon de novo review and for the reasons stated in the Report and
Recommendation (Doc. 25), it is hereby
ORDERED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 25)

is ADOPTED to the extent stated in this Order.

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2.

Plaintiff Xtreme Diesel Performance, LLC's Motion to Enforce

Judgment and For Amended Findings and Judgment (Doc. 20) is GRANTED
IN PART DENIED IN PART.
3.

Defendant Xtreme Diesel Performance, LLC is in contempt of Court

for its failure to comply with the Court’s March 2, 2017 Final Judgment and
Permanent Injunction.
4.

Plaintiff shall forthwith serve a copy of the Order on Defendant and

promptly file proof of service.
5.

No later than September 12, 2017, Defendant shall:
a. transfer

and

assign

to

Plaintiff

the

domain

name

“xdpllc.com;” and
b. file the necessary documents with the Florida Division of
Corporations so that it is no longer registered as Xtreme
Diesel Performance, LLC (or any entity with Plaintiff’s
trademarks in its name); and
c. cease and desist from using Plaintiff’s federally registered
trademarks.
6.

If Defendant has not complied by September 12, 2017, the Court

shall:
a. Conduct such further proceedings as are necessary to achieve
compliance, including monetary fines and compelling the
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officers of Defendant to appear in Court to explain
themselves; and
b. Appoint a third party to file the necessary documents to
transfer and assign the domain name and “xdpllc.com” to
Plaintiff at the expense of Defendant. Plaintiff must propose
the identity of the third party.
7.

Plaintiff’s request to alter or amend findings or judgment is

DENIED.
DONE AND ORDERED in Jacksonville, Florida the 1st day of August,
2017.

sj
Copies to:
Honorable Philip R. Lammens
United States Magistrate Judge
Counsel of record
Xtreme Diesel Performance, LLC
3621 NE 36th Ave.
Ocala, FL 34479

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