Conair Corporation et al v. Taizhou Jinba Health Technology Co., LTD.

Filing 15

ORDER. IT IS HEREBY ORDERED that the damages hearing is reset for 2/6/2016 12:00 PM in LV Courtroom 6A before Judge James C. Mahan. IT IS FURTHER ORDERED that 14 Motion to Vacate Order or in the Alternative to Strike Paragraphs P and Q be, and the same hereby is, STRIKEN from the record. Signed by Judge James C. Mahan on 1/15/16. (Copies have been distributed pursuant to the NEF - TR) .

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CONAIR CORPORATION and BABYLISS
FACO SPRL,

ORDER
Plaintiff(s),

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Case No. 2:15-CV-1328 JCM (CWH)

v.
TAIZHOU JINBA HEALTH
TECHNOLOGY CO., LTD.,

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Defendant(s).

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Presently before the court is Conair Corp et al v. Taizhou Jinba Health, case number 2:15cv-1328-JCM-CWH.

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On December 17, 2015, this court granted default judgment for plaintiffs Conair

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Corporation and Babyliss Faco SPRL and ordered a permanent injunction against defendant

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Taizhou Jinba Health. (Doc. #13). The court also set a hearing for January 20, 2016, to determine

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the amount of damages, if any, to award to plaintiffs.

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On January 13, 2016, the United States, who is not a party to this action, filed a motion to

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vacate the order or, in the alternative, strike paragraphs P and Q from the injunction. (Doc. #14).

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However, in accordance with Federal Rule of Civil Procedure 24, the government must first file a

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“timely motion” to intervene upon which the court must rule before the court can address the

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intervening party’s substantive claim. Therefore, the court strikes the government’s motion to

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vacate or strike. They government may refile after any motion to intervene is resolved.

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The court wishes to give plaintiffs the opportunity to respond to the motions the

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government may file before determining the appropriate damages. Accordingly, the court will

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James C. Mahan
U.S. District Judge

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continue the damages hearing until February 17, 2016. Furthermore, the parties shall file

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supplemental briefing to support the argument they intend to present at the damages hearing.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the damages hearing

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currently set for January 20, 2016, at 11:00 am be, and the same hereby is, CONTINUED to

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February 17, 2016, at 10:00 am in courtroom 6A. Each party shall have up to February 6, 2016

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at 12:00 pm to file a memorandum and any supporting documentation on the issue of damages.

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IT IS FURTHER ORDERED that the government’s motion to vacate order or in the
alternative to strike paragraphs P and Q be, and the same hereby is, STRIKEN from the record.
DATED January 15, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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