Hyundai Motor America, Inc. et al v. Midwest Industrial Supply Company

Filing 69

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that 58 plaintiffs' motion to amend be, and the same hereby is, GRANTED. Signed by Judge James C. Mahan on 4/1/2019. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HYUNDAI MOTOR AMERICA, INC., et al.,

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Case No. 2:17-CV-3010 JCM (GWF)

Plaintiff(s),

ORDER

v.
MIDWEST INDUSTRIAL SUPPLY
COMPANY, et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is the matter of Hyundai Motor America, Inc. et al. v. Midwest
Industrial Supply Company, case number 2:17-cv-03010-JCM-GWF.
On March 13, 2019, plaintiffs filed a notice indicating that the parties settled the case
pursuant to Federal Rule of Civil Procedure 68. (ECF No. 56).

Under the terms of the

settlement-contemplated judgment on all counts in the form of a permanent injunction, damages
in the amount of $75,000.00, and cost that the parties accrued. Id.
On March 14, 2019, the court entered judgment, holding that plaintiffs recover from
defendants $75,000.00 inclusive of all costs and attorney’s fees. (ECF No. 57). On March 15,
2019, plaintiffs filed a motion to amend the judgment, arguing that the judgment is not consistent
with the terms of the settlement. (ECF No. 58). Plaintiffs specifically assert that the judgment
contains three mistakes: (1) it incorrectly states that the judgment is inclusive of costs; (2) it
incorrectly states that the judgment is inclusive of attorney’s fees; and (3) it incorrectly omits a
permanent injunction. Id.
Good cause appearing, the court will grant plaintiffs’ motion and amend the judgment
pursuant to Federal Rule of Civil Procedure 60(a). The court will enter an amended judgment

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holding (1) judgment in the amount of $75,000.00; (2) costs plaintiffs accrued through February

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27, 2019, (3) attorney’s fees, if the court allows any upon filing of a proper motion, and (4) entry

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of a permanent injunction with the terms set forth in paragraphs 1(a), 1(b), 2, 3, and 5, of the

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prayer for relief in the first amended complaint. Plaintiffs shall file their motion for attorney’s

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fees and allowable costs within fourteen days of the entry of the amended judgment.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiffs’ motion to

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amend (ECF No. 58) be, and the same hereby is, GRANTED, consistent with the foregoing.
Plaintiffs Hyundai Motor America, Inc. and Hyundai Motor Company shall file an
appropriate amended judgment within ten (10) days from the date of this order awarding:

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Judgment in the amount of $75,000.

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Entry of a permanent injunction in accordance with the following:
o Midwest Industrial Supply Company (“Midwest”) shall not (1)

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misrepresent in any way the source of origin or the nature or quality of

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Midwest’s non-genuine Hyundai parts; and (2) make, manufacture,

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import, use, distribute, ship, license, sell, develop, display, deliver,

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advertise and/or otherwise market or dispose of Midwest’s non-genuine

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Hyundai parts.
o Midwest or any of its agents or affiliates shall recall any and all products

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and materials bearing, copying, reproducing, counterfeiting, or simulating

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the Hyundai marks or a colorable imitation thereof.
o Midwest shall file with this court and serve upon plaintiffs within thirty

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(30) days of being served with this injunction a written affidavit signed by

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Midwest under oath, setting forth in detail the manner in which Midwest

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complied with the injunction.
o Midwest shall not engage in further conduct which infringes the Hyundai

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marks.

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James C. Mahan
U.S. District Judge

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Costs plaintiffs accrued through February 27, 2019.

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Any attorney’s fees that that the court allows upon filing of a proper motion.

IT IS FURTHER ORDERED that plaintiffs shall file their motion for attorney’s fees and
allowable costs within fourteen (14) days of the entry of the amended judgment.
DATED April 1, 2019.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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