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Bond Manufacturing, Co. v. Xiamen Hwaart Composite Material Co., Ltd., 2:13-cv-00812-APG-NJK. (2015)

Court: District Court, D. Nevada Number: infdco20150113a72 Visitors: 5
Filed: Jan. 12, 2015
Latest Update: Jan. 12, 2015
Summary: ORDER GRANTING DEFAULT JUDGMENT AGAINST DEFENDANTS ANDREW P. GORDON, District Judge. Pursuant to Rule 55 of the Federal Rules of Civil Procedure, plaintiff BOND MANUFACTURING CO. ("plaintiff" or "Bond"), by and through its counsel of record, the law firm of Greenberg Traurig, LLP and the law firm of Leland, Parachini, Steinberg, Matzger & Melnick, LLP, filed a motion for entry of default judgment against defendants XIAMEN HWAART COMPOSITE MATERIAL CO., LTD., JIMMY CHEN, and TINA WU (collective
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ORDER GRANTING DEFAULT JUDGMENT AGAINST DEFENDANTS

ANDREW P. GORDON, District Judge.

Pursuant to Rule 55 of the Federal Rules of Civil Procedure, plaintiff BOND MANUFACTURING CO. ("plaintiff" or "Bond"), by and through its counsel of record, the law firm of Greenberg Traurig, LLP and the law firm of Leland, Parachini, Steinberg, Matzger & Melnick, LLP, filed a motion for entry of default judgment against defendants XIAMEN HWAART COMPOSITE MATERIAL CO., LTD., JIMMY CHEN, and TINA WU (collectively the "defendants"). Defendants filed their answer [doc. no. 17] and first amended answer [doc. no. 42] on January 2, 2014. This court struck defendants' answer and first amended answer and dismissed defendants' counterclaims on July 25, 2014 [doc. no. 77] and the Clerk entered Default against defendants on July 25, 2014 [doc. no. 78].

This court has given due consideration to plaintiff's motion for such judgment as well as the papers, pleadings and exhibits offered in support thereof; and the court being fully advised in the matter, it is therefore,

ORDERED, ADJUDGED and DECREED that Judgment be entered in favor of Bond Manufacturing Co. and against defendants Xiamen Hwaart Composite Material Co., Ltd., Jimmy Chen and Tina Wu, on all counts of plaintiff's complaint;

IT IS FURTHER ORDERED that defendants pay plaintiff Bond an award of seven million dollars (USD $7,000,000.00) in statutory damages as a result of defendants' willful counterfeiting;

IT IS FURTHER ORDERED that defendants pay plaintiff Bond an award of one hundred thousand dollars (USD $100,00.00) in statutory damages as a result of defendants' willful trademark infringement;

IT IS FURTHER ORDERED that defendants pay plaintiff Bond for prejudgment accrued interest at 5.25% through judgment and post judgment interest at the statutory rate equivalent to the weekly average 1 year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of judgment;

IT IS FURTHER ORDERED that defendants pay plaintiff Bond the sum of $357,559.90 for reasonable attorneys' fees and $8,208.89 in costs incurred through August 31, 2014 by Bond in the prosecution of this matter; and

IT IS FURTHER ORDERED that plaintiff's cash bond of $3,000.00 be released from the registry account of this court and returned to Greenberg Traurig, LLP.

IT IS FURTHER ORDERED that jurisdiction of this case shall be retained by this court for the purpose of enforcement of this Judgment and the Permanent Injunction.

Source:  Leagle

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