H-D USA LLC et al v. SunFrog LLC et al

Filing 74

ORDER signed by Judge J.P. Stadtmueller on 4/27/2018: ADOPTING 73 Parties' Stipulation of Dismissal; DISMISSING without prejudice Plaintiffs' request for compensatory damages for non-counterfeiting acts of infringement that are requested in Counts Two, Three, Four, Six, and Seven of Plaintiffs' Complaint; DISMISSING without prejudice Count Five of Plaintiffs' Complaint; VACATING the remaining deadlines of 26 the Court's 7/14/2017 Trial Scheduling Order; DISMISSING the John Doe Defendants from this action; and DISMISSING CASE. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
H-D U.S.A., LLC and HARLEYDAVIDSON MOTOR COMPANY
GROUP, LLC,

Case No. 17-CV-711-JPS

Plaintiffs,
v.
SUNFROG, LLC d/b/a SUNFROG
SHIRTS and JOHN DOES,

ORDER

Defendants.
On April 12, 2018, the Court granted summary judgment to
Plaintiffs on several of their claims, awarded statutory damages under the
Lanham Act of $19.2 million, and entered a permanent injunction against
Defendants. (Docket #71, #72). On April 24, 2018, the parties filed a
stipulation of dismissal without prejudice as to the claims and issues upon
which the Court did not grant summary judgment. (Docket #73). That
includes: (a) the amount of compensatory damages, if any, to award for
any non-counterfeiting acts of infringement covered by Counts Two,
Three, Four, Six, and Seven of Plaintiffs’ Complaint; and (b) liability and
damages on Count Five of Plaintiffs’ Complaint. (Docket #71 at 80–81).
The parties have further stipulated that the Court should vacate the
remaining dates and deadlines in the trial scheduling order and enter a
final judgment consistent with the Court’s findings on liability, injunctive
relief, and statutory damages in its April 12, 2018 order. (Docket #73 at 3).
The Court will adopt this stipulation. See Fed. R. Civ. P. 41(a)(1)(A)(ii).

Accordingly,
IT IS ORDERED that that the parties’ stipulation of dismissal
(Docket #73) be and the same is hereby ADOPTED; the following matters
be and the same are hereby DISMISSED without prejudice: (a) Plaintiffs’
request for compensatory damages for non-counterfeiting acts of
infringement that are requested in Counts Two, Three, Four, Six, and
Seven of Plaintiffs’ Complaint; and (b) Count Five of Plaintiffs’ Complaint;
IT IS FURTHER ORDERED that the remaining deadlines in the
Court’s trial scheduling order (Docket #26), including the final pretrial
conference and trial date, be and the same are hereby VACATED;
IT IS FURTHER ORDERED that the John Doe defendants be and
the same are hereby DISMISSED from this action; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED.
The Clerk of the Court is directed to enter a final judgment in
accordance with the Court’s findings on liability, injunctive relief, and
statutory damages in its April 12, 2018 orders (Docket #71, #72).
Dated at Milwaukee, Wisconsin, this 27th day of April, 2018.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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