Sprite Industries Inc v. Sun Water Systems Inc et al

Filing 15

FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION Against Defendant Sun Water Systems by Judge Dale S. Fischer: Subject to the terms and conditions of this Consent Judgment, all claims and counterclaims of Plaintiff Sprite and Defendant Sun alleged in this action are dismissed with prejudice, with both parties bearing their own costs and attorneys fees. Stipulation for Judgment 13 . (MD JS-6. Case Terminated ) (rne)

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1 2 3 4 5 JS 6 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 Sprite Industries, Inc., 12 a California corporation, 13 14 Case No. CV11-04943 DSF (CWx) FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SUN WATER SYSTEMS Plaintiff, v. 15 16 Sun Water Systems, Inc., a Texas corporation, and DOES 1-10, inclusive, 17 Defendants. 18 19 20 This case having come on before this Court upon the pleadings, and it being 21 represented to the court that Plaintiff Sprite Industries, Inc. (“Sprite”) and Defendant 22 Sun Water Systems, Inc. (“Sun”), have settled their differences with respect to the 23 matters in dispute by a Settlement Agreement. On the consent of Sprite and its 24 attorneys, Sun and their attorneys, and good cause having been shown: 25 IT IS HEREBY ORDERED, ADJUDICATED AND DECREED: 26 1. This Court has jurisdiction over these parties and the subject matter 27 herein. 28 Case No. CV11-04943 DSF (CWx) FINAL CONSENT JUDGMENT 1 1 2. Venue is proper in this judicial district. 2 3. Plaintiff, Sprite is a California corporation having its principal place of 3 business located at 1791 Railroad Street, Corona, California, 92880. 4 4. Defendant Sun is a Texas corporation having its principal place of 5 business located at 6310 Midway Road, Haltom City, Texas 76117. 6 5. Sun will remove any reference to Sprite or any products of Sprite, from 7 any websites owned or operated by or for Sun, and destroy any printed advertising, 8 promotional or sales materials, in any paper or electronic form, which references 9 Sprite or any products of Sprite. 10 6. Sun, their officers, directors, principals, agents, servants, employees, 11 successors and assigns, are hereby permanently enjoined and restrained from making 12 any reference to Sprite or the products of Sprite on any website owned or operated by 13 or for Sun, or in any advertising, promotional or sales materials distributed by or for 14 Sun in any paper or electronic form. 15 7. Subject to the terms and conditions of this Consent Judgment, all claims 16 and counterclaims of Plaintiff Sprite and Defendant Sun alleged in this action are 17 dismissed with prejudice, with both parties bearing their own costs and attorneys fees. 18 Jurisdiction is retained by this Court for the purpose of insuring compliance with the 19 terms hereof, and enabling the parties to apply to this court for further orders 20 regarding the enforcement, interpretation, and performance of the parties’ Settlement 21 Agreement. 22 IT IS HEREBY ORDERED. 23 24 Dated: __9/27/11 Dale S. Fischer United States District Court Judge 25 26 27 28 T:\Client Documents\SPRIT\069L\Consent Judgment.doc 2 FINAL CONSENT JUDGMENT

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