Newrez LLC et al v. John Brosnan et al, No. 2:2022cv08822 - Document 60 (C.D. Cal. 2023)
Court Description: FINAL JUDGMENT by Judge Michael W. Fitzgerald, in favor of NewRez LLC against John Brosnan. Defendant John Brosnan and any companies within his control are hereby PERMANENTLY ENJOINED from using or applying to register "Shellpoint Mortgage Servicing" or any confusingly similar designations, as a mark, business name, domain name, email address, or otherwise. (SEE DOCUMENT FOR FURTHER DETAILS.) (MD JS-6, Case Terminated). (rolm)
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Newrez LLC et al v. John Brosnan et al Doc. 60 1 2 3 J S -6 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company, Plaintiff, 13 14 v. 15 JOHN BROSNAN, an individual; SHELLPOINT MORTGAGE SERVICING, a California corporation (Infringing Entity 1); SHELLPOINT MORTGAGE SERVICING, LLC, a California limited liability company (Infringing Entity 2); and DOES I through X, inclusive, and ROE CORPORATIONS I through X, inclusive, 16 17 18 19 20 Case No. CV 22-8822-MWF(MAAx) FINAL JUDGMENT AGAINST DEFENDANT JOHN BROSNAN Defendants. 21 22 23 24 25 26 Pursuant to the stipulation by and between plaintiff NewRez LLC dba Shellpoint 27 Mortgage Servicing (NewRez) and defendant John Brosnan, the Court, having made no 28 independent findings of fact or conclusions of law, hereby ORDERS as follows: 1 CASE NO CV 22-8822-MWF(MAAx) FINAL JUDGMENT AGAINST DEFENDANT JOHN BROSNAN Dockets.Justia.com 1 1. Defendant John Brosnan and any companies within his control are hereby 2 PERMANENTLY ENJOINED from using or applying to register 3 "Shellpoint Mortgage Servicing" or any confusingly similar designations, 4 as a mark, business name, domain name, email address, or otherwise; 5 2. Defendant John Brosnan and any companies within his control are hereby 6 PERMANENTLY ENJOINED from accepting service of process or 7 other documents intended for NewRez LLC dba Shellpoint Mortgage 8 Servicing, including but not limited to, summonses, complaints, 9 subpoenas, or any other legally-required notices naming or involving 10 NewRez LLC dba Shellpoint Mortgage Servicing. 11 3. Within 5 days of entry of the Court's Final Judgment, defendant John 12 Brosnan shall complete the necessary documents and secretary of state 13 filings to change the names of the companies within his control from 14 "Shellpoint Mortgage Servicing" to another name that is not identical or 15 confusingly similar, or alternatively, to dissolve such companies. 16 4. Within 10 days of entry of the Court's Final Judgment, John Brosnan shall 17 immediately return to NewRez all documents and things that he, 18 "Shellpoint Mortgage Servicing" (infringing entity 1), "Shellpoint 19 Mortgage Servicing, LLC" (infringing entity 2), any other entities in his 20 control, or any of the foregoing entities' officers, partners, agents, 21 subcontractors, employees, subsidiaries, successors, assigns, and related 22 companies or entities, has or received that were intended for NewRez. 23 The above documents shall be sent to NewRez's counsel by first-class mail 24 or other mutually agreeable method, at the following address: Natalie L. 25 Winslow, Akerman LLP, 1635 Village Center Circle, Suite 200, Las 26 Vegas, Nevada 89144. 27 /// 28 /// 2 CASE NO CV 22-8822-MWF(MAAx) FINAL JUDGMENT AGAINST DEFENDANT JOHN BROSNAN 1 5. Within 15 days of entry of the Court's Final Judgment, defendant John 2 Brosnan must file a declaration, under penalty of perjury, that he (a) has 3 performed each of the affirmative acts required herein and (b) performed, 4 on behalf of "Shellpoint Mortgage Servicing" (infringing entity 1) and 5 "Shellpoint Mortgage Servicing, LLC" (infringing entity 2) each of the 6 affirmative acts required by them in the Court's Final Judgment and 7 permanent injunction entered on July 7, 2023 (ECF No. 51). 8 6. If within 15 days of entry of the Court's Final Judgment, defendant John 9 Brosnan has not performed each of the affirmative acts required herein, he 10 will be liable for monetary sanctions of one thousand dollars ($1,000), to 11 be paid to the Court, per each day thereafter of non-compliance. 12 This Court shall retain jurisdiction over the enforcement of the terms and 13 conditions of this Final Judgment, thereby enabling the parties to apply to this Court at 14 any time for further orders. 15 IT IS SO ORDERED. 16 17 18 Dated: September 8, 2023 MICHAEL W. FITZGERALD United States District Judge 19 20 21 22 23 24 25 26 27 28 3 CASE NO CV 22-8822-MWF(MAAx) FINAL JUDGMENT AGAINST DEFENDANT JOHN BROSNAN
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