Maret v. Pro Circuit Products, Inc. et al

Filing 106

ORDER - The claims and counter-claims of Kevin Maret and Pro Circuit Products, Inc. are hereby dismissed with prejudice with each party to bear its own costs with Kevin Maret expressly reserving all rights against all other defendants, including Works Connection Inc. Ordered by Judge Richard G. Kopf. (AOA)

Exhibit P-4

201 J APR 25 prI 2= 29

OFF

l;r I

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

KEVIN MARET
Plaintiff

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VERSUS
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WORKS CONNECTION, INC., *
PRO CIRCUIT PRODUCTS INC. *
TUF RACING PRODUCTS INC. *
D/B/A AIKIA UFO PLAST,
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DEVOL ENGINEERING, INC. *
AND OUTLAW RACING
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PRODUCTS, INC. D/B/A AIKIA *
PIT-POSSE MOTORSPORTS
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Defendants

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CIVIL ACTION NO. 4:09-CV-3238
SECTION: RGK-JUDGE RICHARD G. KOPF

MAGISTRATE: RGK
COMPLAINT FOR PATENT
INFRINGEMENT, UNJUST
ENRICHMENT AND CONVERSION

JURY TRIAL DEMANDED

JOINT MOTION TO DISMISS AND CONSENT JUDGMENT BETWEEEN KEVIN
MARET AND PRO CIRCIDT PRODUCTS INC.
NOW INTO COURT, through undersigned counsel comes, Plaintiff, Kevin Maret,
appearing herein through undersigned counsel and Defendant Pro Circuit Products, Inc •.
appearing herein through undersigned counsel, the parties have signed a setttiement agreement
and therefore they jointly move that this consent judgment and motion to dismiss be issued, and
that:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, and as per agreement of the
Parties that Defendant, Pro Circuit Products, Inc. is immediately ordered to cease and desist all

manufacturing and production of its Pro Circuit Products, Inc. "Launch Control" holeshot
devices by itself or its agents immediately as of March 6, 2011.
IT IS FURTHER HEREBY ORDERED, ADJUDED AND DECREED, and Pro Circuit
Products, Inc. is ordered by October 31, 2011, to cease and desist of all manufacturing,
production, sales, promotion and giveaways to any motorcross race teams and customers in the
U.S.A. of any of its Pro Circuit Launch Control" pin-style holeshot devices but Pro Circuit
Products, Inc. may sell existing inventory thru its store, motorcycle dealers, thru its own website
only of its existing inventory of 2,284 "Launch Control" holeshot devices until October 31,
2011, in order to liquidate Pro Circuit Products, Inc.' s existing inventory as per the settlement
agreement between the parties filed under seal herein at Exhibit marked "CONFIDENTIAL
SETTLEMENT AGREEMENT".
IT IS FURTHER HEREBY ORDERED, ADJUDGED AND DECREED, that Defendant,
Pro Circuit Products, Inc .. after October 31, 2011 is enjoined and a permanent injuction is hereby
issued without bond, prohibiting Pro Circuit Products, Inc. from selling, advertising,
manufacturing, promoting, giving away or distributing Pro Circuit Products, Inc. "Launch
Control" pin-style holeshot devices now or in the future in the U.S.A. Notwithstanding these
provisions and pursuant to the "CONFIDENTIAL SETTLEMENT AGREEMENT", Pro Circuit,
Inc. is permitted to keep a supply of parts for its "Lauch Control" pin-style holeshot devices for
warrenty and repair, until October 31, 2012.
IT IS FlTRTHER HEREBY ORDERED, ADJUDGED AND DECREED, that this Court
shall retain jurisdiction over the enforcement of this Consent Judgment, and the parties'

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confidential settlement agreement; and
IT IS FURTHER AGREED by the parties have executed a joint release and settlement
agreement marked as "CONFIDENTIAL SETTLEMENT AGREEMENT' which is filed under
seal with the court and is confidential and therefore;
IT IS ORDERED that the claims and counter-claims of Kevin Maret and Pro Circuit
Products, Inc. are hereby dismissed with prejudice with each party to bear its own costs with
Kevin Maret expressly reserving all rights against all other defendants, including Works
Connection Inc.
Lincoln, Nebraska, this

2 S day of

1tr, ,I

AGREED TO:
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2Z:::..-----

z:

Glenn C. McGovern (La. Bar #9321)
Mailing Address:
P.O. Box 516
Metairie, Louisiana 70004-0516
Physical Address:
2637 Edenborn Avenue, Suite 101
Metairie, Louisiana 70002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

ATTORNEY FOR PlAINTIFF,
KEVIN MARET
And

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Jay~ybl (C~' )
Koppel Patrick Heybt & Dawson
2815 Townsgate Road, suite 215
Westlake Vmage, CA 91360..5827
Telephone: [phone]
Facsimile: 805-373-0051
Email:
ATTORNEYFORDEFENDAN~

Pro Circllit Products, Inc.

CERTIFICATE OF SERVICE
I hereby certify that I have filed the above Consent Judgment electronically with the Clerk
of Court by suing CMlECF System, and a copy bas been forwarded to a1~s via U.S. First

Class mail, postage prepaid and properly addressed on this ~ day 0

).

2010.

Glenn C. McGovern, Attorney for Kevin Maret

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