BMW of North America, LLC et al v. Quality Star Benzz LLC

Filing 36

ORDER Granting 35 Withdrawal of Motion re 29 Motion for Order to Show Cause. The Order to Show Cause hearing scheduled for 8/25/2015 at 9:00 a.m. in Courtroom 7D is VACATED. Signed by Chief Judge Gloria M. Navarro on 8/24/2015. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4

JOSEPHINE BINETTI McPEAK
Nevada Bar No. 7994
McDONALD CARANO WILSON LLP
2300 W. Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

5
6
7
8

JOHN G. FROEMMING (pro hac vice)
JONES DAY
51 Louisiana Avenue, NW
Washington, DC 20001
Telephone: [phone]
Facsimile: 202.626.1700
E-mail: [e-mail]

9

0-;

....:l<
....:l~

Zi;;

10

U)<'"

Attorneys/or Plaintiffs BMW o/North
America, LLC and Bayerische Motoren
WerkeAG

11

O~

....:l0~

~~~
<'"

U)~

...l~

N

•

'0

12

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

o~

~~~
t:;,

::Jo

U)::;

'"
"',

::J'"

14

Uz~
"'N
• ~g

15

0<'"
~~z
:r: O
<:r:

BMW of NORTH AMERICA, LLC and
BAYERISCHE MOTOREN WERKE AG,

16

U)o..

Zl;;

Plaintiffs,

v.

0'"

17

~~

18

O~

QUALITY STAR BENZZ LLC,

CASE NO. 2: 12-cv-00889-GMN-VCF
MOTION TO WITHDRAW PLAINTIFFS'
MOTION FOR ORDER TO SHOW CAUSE
WHY DEFENDANT SHOULD NOT BE
HELD IN CONTEMPT

AND ORDER THEREON

Defendant.
19
20

Plaintiffs BMW of North America, LLC and Bayerische Motoren Werke AG (collectively,

21

"BMW") hereby request the Court grant BMW leave to withdraw their Motion for Order to Show

22

Cause Why Defendant Should Not be Held in Contempt [ECF 29].

23

In support of BMW's Motion to Withdraw, BMW states as follows:

24

1.

On May 14, 2015, BMW filed its Motion for Order to Show Cause Why Defendant

25

Should Not Be Held In Contempt of this Court's March 29,2013 Order Granting Default Judgment

26

and a Permanent Injunction against Defendant (the "2013 Judgment and Permanent Injunction").

27

See ECF 29.

28

1

2.

Defendant failed to file any points or authorities in opposition to BMW's Motion for

2

Order to Show Cause Why Defendant Should Not be Held in Contempt from consideration by this

3

Court. See ECF 32.

4
5
6
7
8

3.

On June 5, 2015, BMW filed a Reply in Support of Motion for Order to Show Cause

Why Defendant Should Not Be Held In Contempt. See ECF 31.
4.

On August 10, 2015, the Court granted Plaintiffs' Motion for Order to Show Cause

and set a show cause hearing for August 25,2015. See ECF 32.
5.

BMW submits that Defendant has affirmed that it has permanently removed BMW's

9

Roundel logo and all colorable imitations from its signs, banners, advertisements, website, and

Z~

10

anywhere else at its business location and will cease and desist any and all other uses of BMW's

C/J <'"

~2~

11

Roundel logo and trademark uses or any other BMW marks, or colorable imitations thereof, in

<'"

12

accordance with the 2013 Judgment and Permanent Injunction.

~

....::l<

....::l~

O~

~>~

' " <'-

....IN
•

·0
0<'-

~~§
....
t:: •

13

6.

Based on Defendant's declarations, BMW requests that the Court grant BMW's

:Jo

"'S

w.

:J'"

U@~

.

~~

Q<w
~~z
:r: O
<:r:

Z~c..

OW
Q~
~~

14

Motion to Withdraw and take the August 25,2015 show cause hearing off calendar, with each side

15

to bear its own fees and any costs associated with the motion.

16

DATED this 24th day of August, 2015.

17

McDONALD CARANO WILSON LLP

BY:~~cP~~

18
19

. ettl
Peak (NV # 7994)
W.
a Avenue, Suite 1200
s Vegas, NV 89102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

20

3

21

IT IS SO ORDERED.

22

IT IS FURTHER ORDERED that the Order to
Show Cause hearing scheduled for August 25,
2015 at 9:00 a.m. in Courtroom 7D, is hereby
VACATED.

23
24

JOHN G. FROEMMING (pro hac vice)
JONES DAY
51 Louisiana Avenue, NW
Washington, DC 20001
E-mail: [e-mail]

25
26
27
28

________________________________
Gloria M. Navarro, Chief Judge
United States District Court

Attorneys/or Plaintiffs BMW a/North
America, LLC and Bayerische Motoren
WerkeAG

340778
DATED: 08/24/2015

2