Eko Brands v. Adrian Rivera Maynez Enterprises Inc et al

Filing 350

AMENDED STIPULATED MOTION AND ORDER TO DISBURSE FUNDS by Hon. Michelle L. Peterson, re 349 Stipulation. (TF) cc: Financial

Case 2:15-cv-00522-MLP Document 350 Filed 04/23/20 Page 1 of 3
Honorable Michelle L. Peterson

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
EKO BRANDS, LLC,

Civil Action No. 15-cv-522MLP
Plaintiff,

AMENDED STIPULATED MOTION AND
ORDER TO DISBURSE FUNDS

v.
ADRIAN RIVERA MAYNEZ
ENTERPRISES, INC.; and ADRIAN
RIVERA,
Defendants.

NOTE ON MOTION CALENDAR:
April 23, 2020

STIPLULATION
The Court issued judgment in this case on July 13, 2018, which included a monetary award
and post-judgment interest. (Dkt. 273) The parties stipulated to a deposit into the Court’s registry
pending appeal (Dkt. 305), and Defendants deposited into the Court’s registry $440,000 on
August 23, 2018 (see Receipts re 305 Order) pursuant to the parties’ stipulation and the Court’s
order setting the deposit amount (Dkt. 303).
The Federal Circuit Court of Appeals affirmed the final judgment in this case in Eko
Brands, LLC v. Adrian Rivera Maynez Enters., 2020 U.S. App. LEXIS 962 (Fed. Cir. Jan. 13,
2020). The parties have agreed not to seek rehearing or further appeal the Federal Circuit decision
and wish to expeditiously conclude this matter, disburse the award and accrued interest to Plaintiff
in the principal amount of $347,487.13 plus all accrued interest through April 4, 2020, and refund
AMENDED STIPULATED MOTION AND ORDER
ORDER TO DISBURSE FUNDS - 1
Civil Action No. 15-cv-522MLP
ESUP-6-0005P56 StipDisbursement03.docx

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Case 2:15-cv-00522-MLP Document 350 Filed 04/23/20 Page 2 of 3

the balance to Defendants. W9s for the parties’ respective firms shall be provided via email to
[e-mail].
The parties agree that such disbursement will constitute full and final satisfaction of the
monetary judgment in this case. The parties disagree regarding the extent to which (if at all) the
present judgment amounts to an election of remedies or otherwise operates to create a double
recovery in a separate action for trademark infringement with respect to overlapping goods in Eko
Brands, LLC v. Adrian Rivera Maynez Enters., WAWD Case No. 17-cv-894TSZ (the “Trademark
Matter”), as well as whether the entry of this stipulation or Eko’s acceptance of the distribution
bars recovery in the Trademark Matter. With respect to such arguments, each of the parties reserves
their respective rights.

s/David A. Lowe, WSBA No. 24,453
[e-mail]
LOWE GRAHAM JONESPLLC
701 Fifth Avenue, Suite 4800
Seattle, WA 98104
T: 206.381.3300
F: 206.381.3301

s/William A. Delgado, Pro Hac Vice
[e-mail]
DTO LAW
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017
T: 213.335.6999
F: 203.335.7802

Attorneys for Plaintiff

Attorneys for Defendants

AMENDED STIPULATED MOTION AND ORDER
TO DISBURSE FUNDS - 2
Civil Action No. 15-cv-522MLP
ESUP-6-0005P56 StipDisbursement03.docx

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Case 2:15-cv-00522-MLP Document 350 Filed 04/23/20 Page 3 of 3

ORDER DISBURSING REGISTRY FUNDS
The Courts GRANTS the parties’ stipulation. The clerk is authorized and directed to draw
checks on the funds deposited in the registry of this court from the principal amount of
$440,000.00. Disbursement of $347,487.13 plus all accrued interest through April 4, 2020, minus
any statutory users fees, payable to LOWE GRAHAM JONESPLLC, and mail or deliver the check as
follows:
LOWE GRAHAM JONESPLLC
701 Fifth Avenue, Suite 4800
Seattle, WA 98104
With the balance of $92,512.87, plus remainder of interest to be disbursed to Defendants, payable
to DTO Law, to be mailed or delivered as follows:
DTO LAW
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017

IT IS SO ORDERED
DATED this 23rd day of April, 2020.

A
MICHELLE L. PETERSON
United States Magistrate Judge

AMENDED STIPULATED MOTION AND ORDER
TO DISBURSE FUNDS - 3
Civil Action No. 15-cv-522MLP
ESUP-6-0005P56 StipDisbursement03.docx

172464.1