Country Inns & Suites by Carlson, Inc. v. 3 AM, LLC et al

Filing 40

ORDER OF CONTEMPT. ORDERED that: 1. Defendants 3 AM, LLC, Kiran Patel, and Manjula Patel are in contempt of the Court's October 24, 2014, Order for Preliminary Injunction ("Injunction Order"); 2. Defendants shall immediately com ply with the Injunction Order, which includes, but is not limited to, permanently removing all exterior and interior signs and advertising materials bearing Plaintiff's trademarks, trade name, or related service marks and permanently removing or painting over the Country Inn & Suites lettering on the exterior of the Hotel; 3. If within seven days of the date of this Order Defendant has not complied with the Injunction Order, Plaintiff's representative, Mark Owens, Regional Vice Pres ident, Country Inns & Suites by Carlson, Americas, may enter the premises and guest lodging facility located at 8850 Hampton Mall Drive North, Capitol Heights, MD 20743 (the "Hotel") for the purpose of removing all signs and advertising ma terials bearing Plaintiff's trademarks, trade name, or related service marks and for the purpose of removing or painting over the Country Inns & Suites lettering on the exterior of the Hotel. Plaintiff's representative may only enter the pr emises of the Hotel for these purposes when accompanied by a U.S. Marshal for the District of Maryland, or the sheriff of Prince George County. Plaintiff shall use reasonable efforts to minimize any interference with the business of the Hotel while on the premises of the Hotel to perform the tasks set forth herein; 4. Defendants shall, jointly and severally, be liable for all costs and expenses incurred by Plaintiff associated with removing all signs and advertising materials from the Hotel that bear Plaintiff's trademarks, trade name, or related service marks and removing or painting over the Country Inn & Suites lettering on the exterior of the Hotel; and 5. Defendants shall, jointly and severally and commencing from the date of this Order pay Plaintiff the amount of $100.00 per day for each day that they continue to violate the Injunction Order. IT IS FURTHER ORDERED that Defendants shall file with the Court and serve on Plaintiff within fifteen (15) days from th e date of this Order a written report, under oath, setting forth in detail the manner, time, and form in which they have complied with the Injunction Order. IT IS FURTHER ORDERED that Plaintiff is entitled to its reasonable attorneys' fees, c osts, disbursements, and expenses incurred in connection with its motion and removing and/or covering all signs and materials bearing Plaintiff's trademarks from the Hotel. SO ORDERED.(Written Opinion). Signed by Chief Judge Michael J. Davis on 5/26/15. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
COUNTRY INNS & SUITES BY
CARLSON, INC., a Minnesota
corporation,

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CASE NO. 14-cv-03126 (MJD-FLN)
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)
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Plaintiff,
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ORDER FOR CONTEMPT
vs.
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3 AM, LLC, a Maryland corporation;
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KIRAN PATEL, a Virginia resident;
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and MANJULA PATEL, a Virginia
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resident,
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Defendants.
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____________________________________
THIS MATTER CAME ON BEFORE THIS COURT upon Plaintiff Country Inns
& Suites By Carlson, Inc.’s Motion for an Order to Show Cause as to why Defendants
should not be held in contempt for violating this Court’s October 24, 2014, Order for
Preliminary Injunction. Based upon the pleadings filed by Plaintiff, the arguments of
counsel, and all of the records and filings herein, it is hereby ORDERED that:
1.

Defendants 3 AM, LLC, Kiran Patel, and Manjula Patel are in contempt of

the Court’s October 24, 2014, Order for Preliminary Injunction (“Injunction Order”);
2.

Defendants shall immediately comply with the Injunction Order, which

includes, but is not limited to, permanently removing all exterior and interior signs and
advertising materials bearing Plaintiff’s trademarks, trade name, or related service marks
and permanently removing or painting over the Country Inn & Suites lettering on the
exterior of the Hotel;

3.

If within seven days of the date of this Order Defendant has not complied

with the Injunction Order, Plaintiff’s representative, Mark Owens, Regional Vice
President, Country Inns & Suites by Carlson, Americas, may enter the premises and
guest lodging facility located at 8850 Hampton Mall Drive North, Capitol Heights, MD
20743 (the “Hotel”) for the purpose of removing all signs and advertising materials
bearing Plaintiff’s trademarks, trade name, or related service marks and for the purpose of
removing or painting over the Country Inns & Suites lettering on the exterior of the Hotel.
Plaintiff’s representative may only enter the premises of the Hotel for these purposes
when accompanied by a U.S. Marshal for the District of Maryland, or the sheriff of Prince
George County. Plaintiff shall use reasonable efforts to minimize any interference with
the business of the Hotel while on the premises of the Hotel to perform the tasks set forth
herein;
4.

Defendants shall, jointly and severally, be liable for all costs and expenses

incurred by Plaintiff associated with removing all signs and advertising materials from the
Hotel that bear Plaintiff’s trademarks, trade name, or related service marks and removing
or painting over the Country Inn & Suites lettering on the exterior of the Hotel; and
5.

Defendants shall, jointly and severally – and commencing from the date of

this Order – pay Plaintiff the amount of $100.00 per day for each day that they continue
to violate the Injunction Order.
IT IS FURTHER ORDERED that Defendants shall file with the Court and serve
on Plaintiff within fifteen (15) days from the date of this Order a written report, under

oath, setting forth in detail the manner, time, and form in which they have complied with
the Injunction Order.
IT IS FURTHER ORDERED that Plaintiff is entitled to its reasonable attorneys’
fees, costs, disbursements, and expenses incurred in connection with its motion and
removing and/or covering all signs and materials bearing Plaintiff’s trademarks from the
Hotel.
SO ORDERED
Dated: May 26, 2015

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court