Metro PCS v. A2Z Connection, LLC et al

Filing 193

ORDER denying 166 Motion to Dismiss; ORDER granting 190 Stipulation; JUDGMENT in favor of MetroPCS against the Qureshi Defendants. Signed by Judge Jennifer A. Dorsey on 2/4/2020. (Copies have been distributed pursuant to the NEF - JM) Modified text on 2/5/2020 (JM).

Case 2:15-cv-01412-JAD-DJA Document 190-1 Filed 01/23/20 Page 2 of 6

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James B. Baldinger (Admitted Pro Hac Vice)
Amanda R. Jesteadt (Admitted Pro Hac Vice)
Stacey K. Sutton (Admitted Pro Hac Vice)
CARLTON FIELDS, P.A.
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, Florida 33401
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff MetroPCS

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Snell & Wilmer

Richard C. Gordon
Nevada Bar No. 9036
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone [phone]
Facsimile [phone]
Email: [e-mail]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
METROPCS, a brand of T-MOBILE USA,
INC., a Delaware Corporation,
Plaintiff,
vs.
A2Z CONNECTION, LLC, a Nevada
limited liability corporation; A2Z LLC, a
Nevada limited liability corporation; AMIR
QURESHI a/k/a AMIER QURESHI, a/k/a
AMIER I. QURESHI, a/k/a AMIER F.
QURESHI, SR.; ASIM QURESHI a/k/a
ALEX QURESHI, a/k/a AZIM QURESHI
a/k/a AZIM DeDREAM, and SEHER
QURESHI,
Defendants.

CASE NO. 2:15-cv-01412-JAD-DJA
FINAL JUDGMENT OF PERMANENT
Order and Final Judgment of Permanent
INJUNCTION AGAINST DEFENDANTS
Injunction Against Defendants Amir Qureshi
AMIR QURESHI a/k/a AMIER QURESHI,
aka Amier Qureshi, Amier I. Qureshi, and
a/k/a AMIER I. QURESHI, a/k/a AMIER F.
Amier F. Qureshi Sr.; Asim Qureshi aka Alex
QURESHI, SR., ASIM and Azim a/k/a
Qureshi, Azim Qureshi,QURESHI DeDream;
ALEX QURESHI,
and Seher Qureshi a/k/a AZIM QURESHI
a/k/a AZIM DeDREAM, and SEHER
QURESHI
ECF Nos. 166, 190

Case 2:15-cv-01412-JAD-DJA Document 190-1 Filed 01/23/20 Page 3 of 6

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Plaintiff T-Mobile USA, Inc., for itself and its MetroPCS brand (“Metro” or “Plaintiff”)

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brought the above-captioned lawsuit against, inter alia, Defendants AMIR QURESHI a/k/a

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AMIER QURESHI, a/k/a AMIER I. QURESHI, a/k/a AMIER F. QURESHI, SR., ASIM

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QURESHI a/k/a ALEX QURESHI, a/k/a AZIM QURESHI a/k/a AZIM DeDREAM, and SEHER

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QURESHI (“Defendants”).

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Based on the stipulation of the parties,[ECF having reviewed the Complaint and file and
and No. 190], and additional information

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provided at the 2/4/2020 hearing, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that
being otherwise duly and fully advised in the premises, it is hereby:

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ORDERED, ADJUDGED and DECREED that:

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1.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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This Court has jurisdiction over all the parties and all of the claims set forth in

Metro’s Complaint.
2.

Metro has the right to use and enforce rights in the standard character and stylized

MetroPCS® mark (collectively, the “Metro Marks”), as depicted below:

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Metro uses the Metro Marks on and in connection with its telecommunications products and
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services. The Metro Marks are valid, distinctive, protectable, famous, have acquired secondary
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meaning, and are associated exclusively with Metro.
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3.

Final judgment in the form of a permanent injunction is hereby entered against

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Defendants as follows.
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4.

For all T-Mobile brands now and in the future, Defendants and all of their agents,

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officers, directors, successors, assigns, parents, subsidiaries, affiliates, related companies,
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companies, agents, employees, heirs, personal representatives, beneficiaries, relatives, and all other
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persons or entities acting for them or on their behalf, including, but not limited to, any corporation,
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partnership, proprietorship or entity of any type associated with Defendants and any and all persons
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and entities in active concert and participation with Defendants who receive notice of this Order,
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shall be and hereby are PERMANENTLY ENJOINED from:
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a.

acquiring or purchasing illegally, selling, unlocking, reflashing, altering,

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advertising, soliciting and/or shipping, or facilitating or knowingly assisting
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Case 2:15-cv-01412-JAD-DJA Document 190-1 Filed 01/23/20 Page 4 of 6

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other persons or entities in the foregoing, with respect to any new specially-

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manufactured handsets designed exclusively for use on T-Mobile’s wireless

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service offered under any T-Mobile brands, including Metro (“Handsets”);

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b.

supplying new Handsets to or facilitating or knowingly assisting other persons

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or entities in the illegal purchase or sale of new Handsets or hacking, altering,
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erasing, tampering with, deleting or otherwise disabling the software installed
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in the new Handsets;
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c.

advertising or reselling, or facilitating or knowingly assisting other persons or

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entities in the foregoing, with respect to new Metro or T-Mobile products or
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services, whether or not identified as such;
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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

d.

engaging in, directing, or requesting any unlawful access of Plaintiff’s

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protected computer systems and wireless network, protected and confidential
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computer passwords, or the willful infringement of Plaintiff’s trademarks;
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e.

communicating with employees or representatives of T-Mobile or Metro, or

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facilitating or knowingly assisting other persons or entities in the foregoing,
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for the purpose of obtaining cell phones or service in violation of the terms of
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the stipulation;
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f.

entering or being on the premises of any Metro or T-Mobile corporate or dealer

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store, or soliciting, directing or requesting a third party enter a Metro or T20
Mobile corporate or dealer store for the purpose of violating the terms of the
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stipulation;
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g.

accessing any Metro or T-Mobile website or soliciting, directing, or requesting

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a third party to access any Metro or T-Mobile website for the purpose of
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violating the terms of the stipulation;
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h.

knowingly using the Metro Marks or any other trademark, service mark, trade

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name and/or trade dress owned or used by Plaintiff now or in the future, or that
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is likely to cause confusion with Plaintiff’s Marks, without Plaintiff’s prior
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Case 2:15-cv-01412-JAD-DJA Document 190-1 Filed 01/23/20 Page 5 of 6

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written authorization or facilitating or knowingly assisting other persons or

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entities in the foregoing; and

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i.

holding themselves out as being associated with, employed by or on behalf of,

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or acting as an agent, representative or authorized partner of Plaintiff, or

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facilitating or knowingly assisting other persons or entities in the foregoing.

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5.

The unlocking, advertisement, sale or shipment of any new Handsets within and/or

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outside of the continental United States without Plaintiff’s prior written consent is and shall be

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deemed a presumptive violation of this permanent injunction.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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6.

The address of Defendant Amir Qureshi a/k/a Amier Qureshi a/k/a Amier I. Qureshi

a/k/a Amier F. Qureshi, Sr. is 2236 Kemble Avenue, North Chicago, Illinois 60064.
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The address of Defendant Asim Qureshi a/k/a Alex Qureshi a/k/a Azim Qureshi

a/k/a Azim DeDream is 169 Honors Course Drive, Las Vegas, Nevada 89148.
8.

The address of Defendant Seher Qureshi is 169 Honors Course Drive, Las Vegas,

Nevada 89148.
9.

Defendants waive any and all rights to challenge the validity of this Final Judgment

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in this Court or in any other court, and specifically waive their right of appeal from the entry of this

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Final Judgment.

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10.

The Court retains jurisdiction over this matter and the parties to this action to enter

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an award of damages against the individual Defendants and to enforce any violation of the terms

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of this Permanent Injunction by a finding of contempt and an order for payment of compensatory

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damages to Plaintiff by the violating Defendant or Defendants, in an amount of $1,500 for each

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Handset that Defendant or Defendants are found to have acquired, purchased, sold and/or unlocked

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in violation of this Injunction in addition to any other damages and equitable relief to which Plaintiff

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is entitled under the circumstances. The Court finds that these amounts will serve to compensate

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Plaintiff for its losses in the event a Defendant or Defendants violate the terms of this Order. The

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violating Defendants shall be liable for the award of compensatory damages jointly and severally,

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unless it is overtly apparent on the face of documents evidencing the transaction(s) that the

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prohibited acts with respect to all phones at issue are only attributable to one defaulting Defendant,
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Case 2:15-cv-01412-JAD-DJA Document 190-1 Filed 01/23/20 Page 6 of 6

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in which case only the responsible violating Defendant shall be liable for the award of

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compensatory damages.

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This order resolves all claims against Defendants Amir Qureshi aka Amier
The Court hereby finds, pursuant to Fed. R. Civ. P. 54(b), that there is no just reason

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Qureshi, and orders that Judgment shall Qureshi Sr.; Asim Qureshi aka Alex Qureshi, Azim
for delay Amier I. Qureshi, and Amier F.be entered against Defendants as set forth herein.

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Qureshi, and Azim DeDream; and Seher Qureshi (“the Qureshi Defendants”). It leaves only

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claims remaining against defaulted defendants A2Z Connection, LLC and A2Z LLC. For that

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reason, and with good cause appearing and no just reason to delay, the court finds it proper to

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direct that this FINAL JUDGMENT BE ENTERED against the Qureshi Defendants under

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FRCP 54(b).

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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IT IS SO ORDERED:
IT IS FURTHER ORDERED that the Qureshi Defendants' Motion to Dismiss

[ECF No. 166] is DENIED as moot.
UNITED STATES DISTRICT JUDGE

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_________________________________
DATED: ________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: February 4, 2020

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4817-9338-8210.3

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