H-D USA LLC v. Mayo
Filing
46
ORDER signed by Judge J P Stadtmueller granting 45 Motion for Consideration for Entry of Order Regarding May 22, 2015 Hearing. IT IS HEREBY ORDERED that The Default Judgment rendered by the Court on October 16, 2014 (the Default Judgment Order) is hereby vacated with prejudice, except for the conversion of the permanent injunction contained in the Default Judgment Order into a stipulated permanent injunction. IT IS FURTHER ORDERED that Defendant's 23 Motion to Set Aside the Default Judgment under Fed. R. Civ. P. 60(b)(4) and Fed. R. Civ. P. 60(b)(1) is withdrawn with prejudice (May 22, 2015 Hrg Tr. 5:2223). See Order. (cc: all counsel) (asc)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
H‐D USA LLC,
Plaintiff,
v.
JULIE MAYO,
a/k/a Shelly LaRocca,
d/b/a West Coast Charms,
d/b/a 5th Avenue Pets,
d/b/a Charms From the Heart,
Case No. 14‐CV‐654‐JPS
ORDER
Defendant.
Pursuant to the resolution of certain issues read into the record at the
May 22, 2015, hearing before this Court, Plaintiff H‐D U.S.A., LLC (“H‐D”)
and Defendant Julie Mayo a/k/a Shelly LaRocca d/b/a West Coast Charms,
d/b/a 5th Avenue Pets d/b/a Charms from the Heart (collectively,
“Defendant”) have stipulated and agreed, through their respective counsel,
as follows, and IT IS HEREBY ORDERED that:
1.
The Default Judgment rendered by the Court on October 16, 2014 (the
“Default Judgment Order”) is hereby vacated with prejudice, except for the
conversion of the permanent injunction contained in the Default Judgment
Order into a stipulated permanent injunction as provided below in
Paragraph 4 (Transcript of May 22, 2015 hearing (“May 22, 2015 Hr’g Tr.”)
lns 6:2‐4);
2.
Defendant’s Motion to Set Aside the Default Judgment (Dkt. 23) under
Fed. R. Civ. P. 60(b)(4) and Fed. R. Civ. P. 60(b)(1) is withdrawn with
prejudice (May 22, 2015 Hr’g Tr. 5:22‐23);
3.
Defendant submits to the Court’s exercise of personal jurisdiction over
Defendant for purposes of this action and Defendant will not challenge in the
future this Court’s exercise of personal jurisdiction over Defendant in this
action (May 22, 2015 Hr’g Tr. 5:24 – 6:1);
4.
Subject to the other provisions of this Order, Defendant is bound by
the terms of the permanent injunction set forth in the Default Judgment
Order, which permanent injunction by this Order is converted into a
stipulated final judgment of permanent injunction (May 22, 2015 Hr’g Tr.
6:2‐4);
5.
Defendant admits that the sale of the Counterfeit Products (as defined
in the Default Judgment Order) constitutes trademark infringement and
trademark counterfeiting of the H‐D Marks (as defined in the Default
Judgment Order) under 15 U.S.C. § 1114 and § 1116; provided, however, that
Defendant has the right to argue that she is not personally liable for such
trademark infringement and counterfeiting and to argue the amount, if any,
of statutory damages or other monetary relief that H‐D may be entitled to,
and further provided that the fact that Defendant has submitted to personal
jurisdiction does not preclude her from arguing that she is not personally
liable (May 22, 2015 Hr’g Tr. 6:18‐7:3);
6.
Pursuant to Paragraph 1 above, the statutory damages award granted
in the Default Judgment Order is hereby vacated but without prejudice to
any proceeding on the merits that H‐D may pursue and H‐D has the right to
seek statutory damages and other monetary relief in this action; and
Defendant has the right to defend against such relief sought by H‐D (May 22,
2015 Hr’g Tr. 7:4‐5);
Page 2 of 4
7.
The parties will submit to mediation before a Magistrate Judge of this
Court (May 22, 2015 Hr’g Tr. 7:6‐9), which is currently scheduled for July 27,
2015 (Dkt. 43);
8.
Defendant will provide all information she has available regarding:
(1) Shelly LaRocca and any other persons or entities that Defendant claims
are responsible for the activity that is the subject of the complaint in this
action, and (2) the sources of the Counterfeit Products (e.g. manufacturers,
wholesalers, retailers, importers, distributors, etc.). Defendant shall provide
as much of such information as possible to H‐D by June 5, 2015, and
Defendant will provide all other remaining information on a rolling basis,
but prior to the July 27, 2015 mediation (May 22, 2015 Hr’g Tr. 7:10‐21); and
9.
H‐D will cooperate to provide Defendant with access to historical
emails from the domain names 5thavenuepets.com, westcoastcharms.com,
charmsfromtheheart.net, norcalcharms.net, and norcalcharms.com (the
“Transferred Domain Names”), and if any costs are necessary to obtain such
access to historical emails, Defendant will pay all such costs. (May 22, 2015
Hr’g Tr. 8:15‐24.) H‐D provided information to Defendant on May 27, 2015
to enable Defendant to access historical emails from the Transferred Domain
Names. H‐D agrees to discuss at the July 27, 2015 mediation the possible
transfer to Mayo of the Transferred Domain Names as part of a mutually
acceptable resolution of the entire case. (May 22, 2015 Hr’g Tr. 8:24‐9:2,
13:2‐15.)
Page 3 of 4
Dated at Milwaukee, Wisconsin, this 24th day of July, 2015.
BY THE COURT:
_________________________________
J.P. Stadtmueller
U.S. District Judge
Page 4 of 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?