Leadership Studies, Inc. v. ReadyToManage, Inc. et al
| Leadership Studies, Inc. |
| Does, Profiles-R-US.COM, Pty. Ltd., ReadyToManage, Inc., Team Publications, Jon Warner and WorldWide Center for Organizational Development, LLC |
| 2:2015cv09459 |
| December 8, 2015 |
| US District Court for the Central District of California |
| Christina A. Snyder |
| Andrew J. Wistrich |
| Trademark |
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Filing
92
MINUTES (IN CHAMBERS) - PLAINTIFF LEADERSHIP STUDIES' NOTICE OF FAILURE TO COMPLY WITH COURT ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT SHOULD NOT BE ENTERED AND REQUEST FOR ENTRY OF DEFAULT JUDGMENT by Judge Christina A. Snyder: On 3/29/2017, pla intiff filed a notice that Defendants ReadyToManage, Inc., Team Publications, and Jon Warner (collectively "moving defendants") failed to show cause why a default judgment should be entered against them 90 . Given the moving defendants 9; failure to comply with Court's 1/17 and 3/9/2017 orders, the Court DIRECTS the Clerk of Court to re-enter default against the moving defendants. The Court GRANTS plaintiff's motion for default judgment with respect to plaintiff's cl aims for trademark infringement, copyright infringement, unfair competition, declaratory relief, and injunctive relief against the moving defendants. The Court DENIES plaintiff's motion for default judgment with respect to plaintiff's claim for accounting. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be entered in favor of plaintiff on its claims for trademark infringement, copyright infringement, unfair competition, injunctive relief, and declaratory relief. All defendant s Jon Warner, ReadyToManage, Inc., Team Publications, Worldwide Center for Organizational Development, LLC, and Profiles-R-Us.com, Pty. Ltd. shall be jointly and severally liable to plaintiff in the amount of $1,128,930.89, which is comprised of : (a) $1,100,000 in statutory damages for trademark and copyright infringement; (b) $25,600 in attorneys' fees; and (c) $3,330.89 in costs. Plaintiff shall submit a Proposed Judgment in accordance with this order. IT IS FURTHER OR DERED that this Court retains jurisdiction over any matter pertaining to this judgment. Plaintiff shall submit forthwith to the Clerk of Court a request identifying the taxable costs it has incurred. (Made JS-6. Case Terminated.) Court Reporter: Not Present. (gk)
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Filing
79
MINUTES (IN CHAMBERS) - PLAINTIFF'S FEE APPLICATION [ 76 by Judge Christina A. Snyder: On8/16/2016, the Court set aside a default judgment in this case, conditioned upon defendants' payment to plaintiff of associated, reasonable costs 75 . The Court directed plaintiff to file, "any necessary declarations and supporting documentation establishing their reasonable attorneys' fees and costs associated with their filing of their motion for default judgment and their opposition to moving defendants' ex parte application." On 8/29/2016, plaintiff filed a declaration and exhibits regarding plaintiffs attorney's fees and costs 76 . On 9/12/2016, defendants filed a memorandum in opposition to plaintiff's fe e submission 77 . In light of defendant's legal arguments, plaintiff is hereby directed to file a reply in support of their fee application no later than 9/22/2016. Thereafter, the matter will remain under submission. Court Reporter: Not Present. (gk)
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Filing
75
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Defendants ReadyToManage, Inc. and Jon Warner's Ex Parte Application to Set Aside Clerk's Default 54 is GRANTED IN PART and DENIED IN PART, and Plaintiff Laedership Studies' Motion for Default Judgment as to these defendants 47 is therefore DENIED AS MOOT. Defendants RTM, John Warner, and TP's proposed Answers, see dkts. 53 , 58 , 59 , are to be considered filed with the Court. However, the Court's setting aside of the default is conditioned upon moving defendants' payment to plaintiff of the reasonable attorneys' fees and costs associated with plaintiff's filing of their motion for default judgment and their opposition to moving defendants� 39; ex parte application to set the default aside. Accordingly, plaintiff is directed to file, by no later than 8/29/2016, any necessary declarations and supporting documentation establishing their reasonable attorneys' fees and costs associated with their filing of their motion for default judgment and their opposition to moving defendants' ex parte application. Moving defendants may file an opposition to the amount of such fees and costs by no later than 9/12/2016. Thereafter, the ma tter will be taken under submission. As noted supra at n.1, defendants WCOD and PRU appear to have been served by plaintiff, but have nonetheless failed to appear in this action. Notably, neither WCOD nor PRU have joined moving defendants' ex pa rte application to set the default aside, nor have they joined moving defendants in opposing plaintiff's motion for default judgment. Accordingly, for good cause shown, and in light of WCOD and PRU's failure to appear in this action, defaul t judgment is entered against defendants WCOD and PRU. However, the Court RESERVES JUDGMENT as to any calculation of damages associated with WCOD and PRU's default until resolution of this action or until further order of the Court, whichever comes first. Court Reporter: Not Present. (gk)
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