Wordlogic Corporation v. Glaser et al

Filing 24

DEFAULT JUDGMENT in favor of Wordlogic Corporation and against Advidia, Inc., Aphenos Capital, Inc., and Douglas A. Glaser. Signed by Chief Judge Roger L. Hunt on 12/14/10. (Copies have been distributed pursuant to the NEF - ASB)

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Wordlogic Corporation v. Glaser et al Doc. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mark L. Maniscalco, Esq. (Pro Hac Vice; California Bar # 243124) LAW OFFICES OF MARK L. MANISCALCO 1230 Columbia St., Suite 850 San Diego, CA 92101 Tel: (888) 842-3735 Fax: (619) 923-0077 Samuel A. Sue, Esq. (Nevada Bar # 8901) LAW OFFICES OF SAMUEL A. SUE 5150 Spring Mountain Road, Suite 12 Las Vegas, NV 89146 Tel: (702) 871-6464 Attorneys for: WORDLOGIC CORPORATION UNITED STATES DISTRICT COURT DISTRICT OF NEVADA WORDLOGIC CORPORATION, a Nevada corporation Plaintiff, v. DOUGLAS A. GLASER, as an individual; APHENOS CAPITAL, INC. a Florida corporation; and ADVIDEA, INC. a Florida corporation Defendants. CASE NO. 2:10-cv-01408-RLH-PAL [PROPOSED] JUDGMENT FINAL JUDGMENT AS TO DEFENDANTS DOUGLAS A. GLASER, APHENOS CAPITAL, INC, and ADVIDEA, INC. Pursuant Federal Rules of Civil Procedure 55, this court hereby grants the motion for default judgment brought by plaintiff, WORDLOGIC CORPORATION ("WORDLOGIC"), against defendants DOUGLAS A. GLASER ("GLASER"); APHENOS CAPITAL, INC.; and ADVIDEA, INC. (collectively referred to as "Defendants") based on their failure to "plead or otherwise defend" and enters the following judgment: -1- JUDGMENT Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff, WORDLOGIC CORPORATION is the prevailing party to this lawsuit. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants their employees, agents, and persons acting with them or on their behalf shall be subject to the following: a. Defendants and their employees, agents, and persons acting with them or on their behalf, are hereby restrained and enjoined from selling, transferring or encumbering WORDLOGIC stock issued to Defendants pursuant to certificate numbers 4005, 4006, 4008, 4009, and 4010. b. Defendants and their employees, agents, and persons acting with them or on their behalf are hereby ordered to return to WORDLOGIC all WORDLOGIC stock issued to Defendants pursuant to certificate numbers 4005, 4006, 4008, 4009, and 4010. c. Defendants and their employees, agents, and persons acting with them or on their behalf are hereby ordered to turn over any proprietary information including usernames and passwords necessary to control WORDLOGIC's website (wordlogicurl.com) and "800 number" (1-888-742-5054) associated with the website. d. Defendants and their employees, agents, and persons acting with them or on their behalf are hereby ordered to stop removing proceeds earned from the sale of WORDLOGIC products on the website and "800 number" associated with the website. -2- JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. Defendants and their employees, agents, and persons acting with them or on their behalf are hereby ordered to return any proceeds from the website and "800 number" associated with the website. f. Defendants and their employees, agents, and persons acting with them or on their behalf are hereby ordered to relinquish to WORDLOGIC all analog or digital footage resulting from the filming of the infomercial. IT IS SO ORDERED, ADJUDGED, AND DECREED Dated: December 14, 2010 _________________________________ UNITED STATES DISTRICT JUDGE -3- JUDGMENT

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