Neman Brothers & Assoc., Inc. v. Interfocus, Inc. et al, No. 2:2020cv11181 - Document 111 (C.D. Cal. 2023)

Court Description: FINAL JUDGMENT by Judge Christina A. Snyder: IT IS ORDERED, ADJUDGED, AND DECREED as follows: (1) Defendant and Counterclaim Plaintiff InterFocus, Inc. d.b.a. www.patpat.com's ("InterFocus") motion to voluntarily dismiss without prejud ice its counterclaim 104 is granted on the condition set forth in Section 2 below; (2) InterFocus' counterclaim 18 is dismissed without prejudice, conditioned on InterFocus not refiling any claim or counterclaim against Neman Brothers for th e wrongs alleged in that counterclaim until and unless Neman Brothers successfully appeals this Court's ruling, and its claims are reinstated and remanded to this Court for further proceedings; (3) Consistent with this Court's grant of summ ary judgment in favor of InterFocus on Neman Brothers' Amended Complaint for Copyright Infringement on or about 1/4/2023 and this Court's grant of InterFocus' motion to voluntarily dismiss its counterclaim against Neman Brothers herein , this Court enters final judgment in this action consistent with its orders described above; and (4) InterFocus' ability to recover attorneys' fees as the prevailing party on Neman Brother's copyright infringement claims shall be determined in subsequent proceedings upon InterFocus's filing of an appropriate motion. (MD JS-6, Case Terminated). (gk)