BackJoy Orthotics, LLC v. Forvic International Inc. et al

Filing 98

ORDER granting in part and denying in part 96 Motion for Default Judgment; The motion is granted as to Counts One, Two, Three, Four, and Seven and DENIED as to Counts Five, Six, Eight, and Nine. Adopting Report and Recommendations - re 97 Report and Recommendations. The Clerk shall enter judgment for Plaintiff and against Defendants as to Counts One, Two, Three, Four, and Seven. Thereafter, the Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 2/28/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

BACKJOY ORTHOTICS, LLC,
Plaintiff,
v.

Case No: 6:14-cv-249-Orl-41TBS

FORVIC INTERNATIONAL INC.,
WOOK YOON, JOHN DOES, JANE
DOES and ABC CORPORATIONS,
Defendants.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Motion for Entry of Default Judgment
(Doc. 96). United States Magistrate Judge Thomas B. Smith submitted a Report and
Recommendation (Doc. 97), recommending that Plaintiff’s motion be granted in part and denied
in part.
After a de novo review of the record in this matter, and noting that no objections were
timely filed, the Court agrees with the analysis set forth in the Report and Recommendation.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 97) is ADOPTED and CONFIRMED and
made a part of this Order.
2. Plaintiff’s Motion for Entry of Default Judgment (Doc. 96) is GRANTED as to
Counts One, Two, Three, Four, and Seven and DENIED as to Counts Five, Six,
Eight, and Nine.

Page 1 of 2

3. The Clerk shall enter judgment for Plaintiff and against Defendants as to Counts
One, Two, Three, Four, and Seven. Thereafter, the Clerk is directed to close this
case.
4. Defendants are permanently enjoined from manufacturing, marketing, distributing,
shipping, offering for sale, or selling any products developed through the use of
Plaintiff’s trade secrets, including the “S-Back” product; disclosing Plaintiff’s
proprietary or trade secret information to others, including but not limited to
Defendants’ manufacturers; and using in connection with the sale of any goods any
artwork that incorporates protectable elements of Plaintiff’s copyrighted material.
5. Plaintiff may file a motion for fees and costs on or before March 14, 2017.
DONE and ORDERED in Orlando, Florida on February 28, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Party

Page 2 of 2