Luxottica Group S.p.A. v. Tran

Filing 22

ORDER Granting 21 Stipulation of Dismissal with prejudice. Signed by Judge James C. Mahan on 10/20/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-02584-JCM-PAL Document 21 Filed 10/19/17 Page 1 of 4

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Marc J. Randazza, NV Bar No. 12265
Ronald D. Green, NV Bar No. 7360
RANDAZZA LEGAL GROUP, PLLC
4035 S. El Capitan Way
Las Vegas, NV 89147
Telephone: [phone]
Facsimile: 305-437-7662
[e-mail]
Darin M. Klemchuk, Pro Hac Vice
[e-mail]
Mandi Phillips, Pro Hac Vice
[e-mail]
KLEMCHUK LLP
8150 N Central Expressway, 10th Floor
Dallas, Texas 75206
Telephone: [phone]
Facsimile: 214-367-6001
Attorneys for Plaintiff,
Luxottica Group S.p.A.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LUXOTTICA GROUP S.p.A.,
an Italian corporation,

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STIPULATION OF DISMISSAL OF
ACTION WITH PREJUDICE

Plaintiff,

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Case No. 2:16-cv-02584-JCM-PAL

vs.
MINH D. TRAN, an individual,
Defendant.

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-1Stipulation of Dismissal of Action with Prejudice
Case No. 2:16-cv-02584-JCM-PAL

Case 2:16-cv-02584-JCM-PAL Document 21 Filed 10/19/17 Page 2 of 4

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Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), as a result of this action by virtue of a

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confidential settlement agreement between Plaintiff Luxottica Group S.p.A. and Defendant

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Minh D. Tran (“Agreement”), and as a result of the parties’ agreement regarding the terms of

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this stipulation of dismissal, it is hereby ORDERED, ADJUDGED, and DECREED that:

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(1)

Plaintiff Luxottica Group S.p.A. filed this lawsuit against Defendant Minh D.

Tran in November 2016.

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(2)

This Court has jurisdiction over the parties to this action and over the subject

matter of this dispute.
(3)

The Parties have agreed to resolve this dispute through a confidential settlement

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agreement, entered into by both Parties on advice of counsel of their choice, have consented to

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this Stipulation of Dismissal with Prejudice, and hereby stipulate as follows:

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a. Defendant and his agents, servants, successors and assigns shall not:
i. Commit any acts which falsely represent or which has the effect of
falsely representing that the goods and services of Defendants are

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licensed by, authorized by, offered by, produced by, sponsored by, or

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in any other way associated with Plaintiff.

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ii. Knowingly assist, aid or attempt to assist or aid any other person or

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entity in performing any of the prohibited activities referred to above.

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iii. Knowingly affect any transactions, assignments or transfers, or
forming new entities or associations to circumvent the prohibitions
referred to above.

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b. Defendant shall be responsible for payment of any attorneys’ fees and

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expenses incurred by Luxottica in connection with collecting money owed

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-2Stipulation of Dismissal of Action with Prejudice
Case No. 2:16-cv-02584-JCM-PAL

Case 2:16-cv-02584-JCM-PAL Document 21 Filed 10/19/17 Page 3 of 4

under the settlement agreement or for any default.

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(4)

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DISMISSED WITH PREJUDICE.

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Accordingly, Plaintiff’s claims against Defendant Tran shall be, and hereby are,

(5)

This Court shall retain jurisdiction over this case for purposes of enforcing this

Stipulation of Dismissal with Prejudice and the confidential settlement agreement between the
parties.

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(6)

Each party shall bear its own costs, expenses, and attorneys’ fees.

Dated: October 19, 2017

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Respectfully submitted,

Respectfully submitted,

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/s/ Darin M. Klemchuk
Darin M. Klemchuk, Admitted Pro Hac Vice
Mandi Phillips, Admitted Pro Hac Vice
KLEMCHUK LLP
8150 N Central Expressway, 10th Floor
Dallas, Texas 75206

/s/ Joseph Y. Hong
Joseph Y. Hong, NV Bar No. 5995
HONG & HONG
10781 W. Twain Ave.
Las Vegas, NV 89135

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Marc J. Randazza, NV Bar No. 12265
Ronald D. Green, NV Bar No. 7360
RANDAZZA LEGAL GROUP, PLLC
4035 S. El Capitan Way
Las Vegas, NV 89147

Attorney for Defendant
Minh D. Tran

Attorneys for Plaintiff
Luxottica Group S.p.A.
IT IS SO ORDERED:

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________________________________
UNITED STATES DISTRICT JUDGE
October 20, 2017
DATED: ________________________

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-3Stipulation of Dismissal of Action with Prejudice
Case No. 2:16-cv-02584-JCM-PAL

Case 2:16-cv-02584-JCM-PAL Document 21 Filed 10/19/17 Page 4 of 4

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Case No. 2:16-cv-02584-JCM-PAL

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on October 19, 2017, I electronically filed the foregoing

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document with the Clerk of the Court using CM/ECF. I further certify that a true and correct

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copy of the foregoing document being served via transmission of Notices of Electronic Filing

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generated by CM/ECF.

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Respectfully Submitted,

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Employee,
Randazza Legal Group, PLLC

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-4Stipulation of Dismissal of Action with Prejudice
Case No. 2:16-cv-02584-JCM-PAL