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Juul Labs, Inc. v. Unincorporated Associations Identified in Schedule A, 1:18-cv-1516. (2019)

Court: District Court, D. Virginia Number: infdco20190919588 Visitors: 10
Filed: Sep. 16, 2019
Latest Update: Sep. 16, 2019
Summary: ORDER LIAM O'GRADY , District Judge . This matter comes before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Ivan D. Davis, dated August 15, 2019, Dkt. 72, on Plaintiff's Motion for Entry of Default Judgment as to Certain Defendants, Dkt. 58. Defendants did not object to the R&R. The Court has reviewed the Complaint, Plaintiff's Memorandum in Support of the Motion for Entry of Default Judgment as to Certain Defendants, Dkt. 59, and the supporting docume
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ORDER

This matter comes before the Court on the Report and Recommendation (R&R) of United States Magistrate Judge Ivan D. Davis, dated August 15, 2019, Dkt. 72, on Plaintiff's Motion for Entry of Default Judgment as to Certain Defendants, Dkt. 58. Defendants did not object to the R&R. The Court has reviewed the Complaint, Plaintiff's Memorandum in Support of the Motion for Entry of Default Judgment as to Certain Defendants, Dkt. 59, and the supporting documents, and finds good cause to ADOPT the findings and recommendations of Judge Davis.

Accordingly, for the reasons cited by Judge Davis and for good cause shown, Plaintiff's Motion for Default Judgment as to Certain Defendants is GRANTED. The Clerk of Court is instructed to enter judgment pursuant to Fed. R. Civ. P. 55 in favor of Plaintiff Juul Labs, Inc. and against each of the Defendants identified in Appendix A, in the amount of $4,000,000 per defendant. It is further ORDERED that:

(1) Defendants are permanently enjoined from making, using, selling, or offering for sale unauthorized products containing the Juul Labs Trademarks;

(2) PayPal, Inc. shall release to Plaintiff the monies currently restrained in Defendants' financial accounts as partial payment of the above-identified damages within five (5) business days of the date of this Order;

(3) AliPay, US, Inc. and/or Ant Financial Services Group shall release to Plaintiff the monies currently restrained in Defendants' financial accounts as partial payment of the above-identified damages within five (5) business days of the date of this Order; and

(4) Until Plaintiff has recovered full payments of the monies owed to it by any Defendants. Plaintiff shall have ongoing authority to serve this Order on PayPal or AliPay in the event that any new PayPal or AliPay accounts controlled or operated by Defendants arc identified. Upon receipt of the Order, PayPal and AliPay shall within two (2) business days (a) locate all accounts and funds connected to Defendants or Defendants' internet stores, and (b) restrain and enjoin such accounts or funds that are not U.S. based from transferring or disposing of any money or other of Defendants' assets; and within ten (10) business days (c) release all monies restrained in Defendants' PayPal and AliPay accounts to Plaintiff as partial payment of the above-identified damages.

The Clerk shall provide a copy of this Order and the Judgment to all counsel of record, and Plaintiff shall be responsible for emailing this Order and the Judgment to each of the Defendants.

It is SO ORDERED.

Appendix A

No. Seller ID/Defendant Store Defendant Email 1 yuqizhil207 topyunshop18@hotmail.com 9 regostore jiwanijalal@gmail.com kfoodmart9258@gmail.com 10 new-vape 1998 m16620851441@163.com 14 Grante Vape Store 2693360571@qq.com
Source:  Leagle

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