Smog 'N Go LLC, a Utah limited liability company v. Smog 'N Go, LLC, a Nevada limited liability company et al

Filing 14

ORDER DISMISSING CASE with prejudice. Signed by Judge Howard D. McKibben on 10/16/14. (Copies have been distributed pursuant to the NEF - JC)

Case 3:14-cv-00387-HDM-VPC Document 13 Filed 10/15/14 Page 1 of 3

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Stree t, Suite 510
Reno, Nevada 89501
775-785-5440

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RICHARD C. GORDON
State Bar No. 009036
NATHAN G. KANUTE
State Bar No. 023944
SNELL & WILMER L.L.P.
50 W. Liberty Street, Suite 510
Reno, Nevada 89501-1961
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
STEPHEN J. BYERS
Admitted Pro Hac Vice
KNOX, LEMMON & ANAPOLSKY, LLP
300 Capitol Mall, Suite 1125
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff SMOG ‘N GO, LLC, a Utah
limited liability company.

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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SMOG ‘N GO, LLC, a Utah limited
liability company,

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Plaintiff,

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CASE NO. 3:14-cv-00387
[PROPOSED] ORDER DISMISSING
ENTIRE ACTION WITH PREJUDICE

v.
SMOG ‘N GO, LLC, a Nevada limited
liability company; CHARLES J. TIDD, an
individual; PATRICK D. STOCKSTILL;
an individual; and DOES 1 through 50,
inclusive,
Defendants.

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20140575

Complaint Filed:
Trial Date:

July 23, 2014
None Set

Case 3:14-cv-00387-HDM-VPC Document 13 Filed 10/15/14 Page 2 of 3

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WHEREAS, on July 23, 2014, Plaintiff SMOG ‘N GO, LLC, a Utah limited liability

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company (“Plaintiff”), filed a complaint alleging that Defendants SMOG ‘N GO, LLC, a Nevada

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limited liability company, CHARLES J. TIDD, an individual, and PATRICK D. STOCKSTILL,

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an individual (collectively, “Defendants”), infringed Plaintiff’s “Smog ‘N Go” service mark

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registered with the United States Patent and Trademark Office. (Dkt. No. 1)

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WHEREAS, on August 21 and 25, 2014, Defendants waived service of the summons and
complaint. (Dkt. Nos. 8-10.)

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WHEREAS, Defendants have not appeared in the instant lawsuit.

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WHEREAS, during the pendency of the lawsuit, Defendant SMOG ‘N GO, LLC, a

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Nevada limited liability company, changed its name to SmogCheckNV and Renewal, LLC, a

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Nevada limited liability company;

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Stree t, Suite 510
Reno, Nevada 89501
775-785-5440

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WHEREAS, Plaintiff and Defendants have now agreed to settle the case pursuant to a
written Settlement Agreement;

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WHEREAS, pursuant to the Settlement Agreement, Plaintiff has agreed to dismiss its
claims in this action against Defendants with prejudice;

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WHEREAS, pursuant to the Settlement Agreement, Plaintiff and Defendants agree that

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they each will bear their own costs and attorneys’ fees incurred during and in connection with this

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action;

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THEREFORE, Plaintiff, by and through its undersigned counsel of record, hereby
requests that the Court order that:

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1.

Plaintiff’s claims in this action against Defendants be dismissed with prejudice.

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2.

Plaintiff and Defendants each bear their own attorneys’ fees and costs in

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connection with this action.

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3.

This Court retain jurisdiction, pursuant to Kokkonen v. Guardian Life Insurance

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Company of America, 511 U.S. 375 (1994), over the Settlement Agreement entered into by

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Plaintiff and Defendants. The parties may petition the court to re-open the case for the limited

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purpose of enforcing the Settlement Agreement.

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-220140575

Case 3:14-cv-00387-HDM-VPC Document 13 Filed 10/15/14 Page 3 of 3

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ORDER

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GOOD CAUSE APPEARING THEREFORE, the court hereby ORDERS as follows:

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1.

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prejudice.

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2.

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Plaintiff’s claims in this action against Defendants are hereby dismissed with

Plaintiff and Defendants each shall bear their own attorneys’ fees and costs in

connection with this action.

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3.

Pursuant to Kokkonen v. Guardian Life Insurance Company of America, 511 U.S.

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375 (1994), this court will retain jurisdiction over the Settlement Agreement entered into by

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Plaintiff and Defendants. The parties may petition the court to re-open the case for the limited

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purpose of enforcing the Settlement Agreement.

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Stree t, Suite 510
Reno, Nevada 89501
775-785-5440

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IT IS SO ORDERED.

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DATED: October15, 2014
October 16, 2014

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_________________________________________
HON. HOWARD D. MCKIBBEN
United States District Court

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