Wm. Wrigley Jr. Company v. Roberto Conde et al, No. 5:2021cv00777 - Document 122 (C.D. Cal. 2023)
Court Description: FINAL JUDGMENT BY CONSENT UNDER RULE 54(b) INCLUDING PERMANENT INJUNCTIVE RELIEF AS TO DEFENDANTS EDWARD AWAD D/B/A CANNABIS 420 SUPPLY AND GREEN RUSH EXTRACTS LLC by Judge John W. Holcomb. It is hereby ORDERED, ADJUDGED, and DECREED as follows: Defendants and their respective agents, servants, employees, officers, directors, members, managers, successors, assigns, attorneys, and all other persons acting in concert or in participation with or affiliated with Defendants, joi ntly and severally, are permanently enjoined and restrained: from directly or indirectly engaging in any trademark counterfeiting, trademark infringement, trademark dilution, unfair competition, or deceptive business practices relating to the Subject Trademarks, including the SKITTLES Mark and Trade Dress, the STARBURST Mark and Trade Dress, and the LIFE SAVERS Mark and Trade Dress, or any other trademarks or trade dress owned by Plaintiffs (SEE DOCUMENT FOR FURTHER DETAILS) (yl)
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Wm. Wrigley Jr. Company v. Roberto Conde et al Doc. 122 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 WM. WRIGLEY JR. COMPANY, a Delaware corporation; and MARS, INCORPORATED, a Delaware corporation, Plaintiffs, 13 14 15 16 17 18 19 20 21 22 v. ROBERTO CONDE d/b/a 2020EDIBLEZ, an individual; JOEL LEDESMA d/b/a INLAND EMPIRE 420 SUPPLY, an individual; JESSICA MOHR, an individual; STEPHEN MATA d/b/a OC 420 COLLECTION, an individual; YAUHENIYA LIS d/b/a GASBUDS, an individual; EDWARD AWAD d/b/a CANNABIS 420 SUPPLY, an individual; GREEN RUSH EXTRACTS LLC, a California limited liability company; MARCO BURGOS d/b/a 2020EDIBLEZ, an individual; and DOES 4 through 10, Case No.: 5:21-cv-00777 JWH (SHKx) FINAL JUDGMENT BY CONSENT UNDER RULE 54(b) INCLUDING PERMANENT INJUNCTIVE RELIEF AS TO DEFENDANTS EDWARD AWAD D/B/A CANNABIS 420 SUPPLY AND GREEN RUSH EXTRACTS LLC Defendants. 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations [PROPOSED] FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC Dockets.Justia.com 1 This matter having come before the Court for the entry of Final Judgment by 2 Consent Under Rule 54(b) Including Permanent Injunctive Relief as to Defendants 3 Edward Awad d/b/a Cannabis 420 Supply (“Awad”) and Green Rush Extracts LLC 4 (“Green Rush,” and, together with Awad, “Defendants”), with the consent of 5 plaintiffs Wm. Wrigley Jr. Company (“Wrigley”) and Mars, Incorporated (“Mars,” 6 and, together with Wrigley, “Plaintiffs”) and Defendants (Plaintiffs and Defendants 7 are collectively referred to herein as the “Parties,” and each individually as a 8 “Party”), in accordance with Rule 54(b) of the Federal Rules of Civil Procedure, and 9 based upon the stipulated facts set forth herein, 10 It is hereby ORDERED, ADJUDGED, and DECREED as follows: 11 1. Defendants have been properly served and consent to the Court 12 exercising personal jurisdiction over them. Defendants waive all defenses of lack of 13 personal jurisdiction, improper venue, insufficiency of process, and insufficiency of 14 service of process. 15 2. This Court has subject matter jurisdiction over this action. 16 3. The Parties agree to submit to the jurisdiction of this Court to enforce 17 the provisions of this Final Judgment by Consent Under Rule 54(b) Including 18 Permanent Injunctive Relief as to Defendants Edward Awad d/b/a Cannabis 420 19 Supply and Green Rush Extracts LLC (the “Final Judgment by Consent”) 20 worldwide. 21 22 23 24 25 4. Plaintiff Wrigley is a Delaware corporation with its principal place of business at 1132 West Blackhawk Street, Chicago, Illinois 60642. 5. Plaintiff Mars is a Delaware corporation with its principal place of business at 6885 Elm Street, McLean, Virginia 22101. 6. Plaintiffs allege that Defendant Awad is an individual residing in San 26 Bernardino County, California and has at all relevant times participated in the 27 complained of activities by the business known as Cannabis 420 Supply, which has 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 2 [PROPOSED] FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 conducted its operations through the website located at 2 https://www.cannabis420supply.com/. 3 7. Plaintiffs allege that Defendant Green Rush Extracts LLC is a 4 California limited liability company with its principal place of business in Redlands, 5 California, which has conducted its operations through the website located at 6 https://greenrushextracts.org/. 7 8. Wrigley is a recognized global leader in confections and, together with 8 its affiliates, offers a wide range of product offerings including gum, mints, and 9 candies. Wrigley markets products under dozens of well-known, distinctive, and 10 famous brands, including SKITTLES®, STARBURST®, LIFE SAVERS®, 11 DOUBLEMINT®, and JUICY FRUIT®, to name a few. 12 9. Wrigley and its predecessors have long marketed candy and related 13 products under the famous SKITTLES® mark and trade dress, which features, 14 among other things, the word mark SKITTLES® in white block lettering, distinctive 15 rainbow designs, distinctive candy-coated lentils with an “S” imprinted thereon, and 16 a cascade design of these candy lentils (hereinafter referred to as the “Skittles Trade 17 Dress”), examples of which are shown below: 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 3 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10. For 50 years, Wrigley and its predecessors-in-interest have 18 continuously used the SKITTLES® mark to advertise, promote, and sell candy 19 throughout the United States. 20 11. Wrigley has earned billions of dollars in revenues from the sale of 21 SKITTLES® candy in the United States. Many millions of people throughout the 22 country have purchased or consumed SKITTLES® candy. In fact, SKITTLES® 23 candy has been the best-selling non-chocolate candy in the United States for years. 24 12. Wrigley has invested many millions of dollars to promote SKITTLES® 25 candy. Wrigley’s advertisements and commercials for SKITTLES® have been seen 26 by many millions of people nationwide. Wrigley advertises SKITTLES® candy 27 during the Super Bowl and other highly watched events. 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 4 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 13. Based on the wide-spread and long-standing use and recognition of the 2 SKITTLES® brand, Wrigley enjoys extensive trademark rights in the SKITTLES® 3 mark and the Skittles Trade Dress. 4 14. Wrigley owns numerous federal registrations for its SKITTLES® mark 5 and the Skittles Trade Dress, including, but not limited to, U.S. Reg. 6 Nos. 1,221,105; 2,535,714; 4,377,303; and 4,983,664 (such federal registrations, 7 collectively with the common law trademark rights in the SKITTLES® mark and 8 Skittles Trade Dress, are hereinafter referred to as the “SKITTLES® Mark and 9 Trade Dress”). 10 15. Similarly, Wrigley and its predecessors have long marketed candy and 11 related products under the famous STARBURST® mark and trade dress, which 12 features, among other things, the word mark STARBURST® in stylized lettering 13 and distinctive wrappers with an “S” imprinted thereon (hereinafter referred to as 14 the “Starburst Trade Dress”), examples of which are shown below: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 5 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 16. For 50 years, Wrigley and its predecessors-in-interest have 2 continuously used the STARBURST® mark to advertise, promote, and sell candy 3 throughout the United States. 4 17. Wrigley has earned billions of dollars in revenue from the sale of 5 STARBURST® candy in the United States. Many millions of people throughout 6 the country have purchased or consumed STARBURST® candy. 7 18. Wrigley has invested many millions of dollars to promote 8 STARBURST® candy. Wrigley’s advertisements and commercials for 9 STARBURST® have been seen by many millions of people nationwide. 10 19. Based on the wide-spread and long-standing use and recognition of the 11 STARBURST® brand, Wrigley enjoys extensive trademark rights in the 12 STARBURST® mark and the Starburst Trade Dress. 13 20. Wrigley owns numerous federal registrations for its STARBURST® 14 mark and trade dress, including, but not limited to, U.S. Reg. Nos. 1,000,007; 15 1,545,544; 4,179,436; 4,268,392; and 4,625,960 (such federal registrations, 16 collectively with the common law trademark rights in the STARBURST® mark and 17 Starburst Trade Dress, are hereinafter referred to as the “STARBURST® Mark and 18 Trade Dress”). 19 21. Additionally, Wrigley and its predecessors have long marketed candy 20 and related products under the famous LIFE SAVERS® mark and trade dress, 21 which features, among other things, the word mark LIFE SAVERS® in stylized 22 lettering and distinctive circular candies with “LIFE SAVERS” imprinted thereon 23 (hereinafter referred to as the “Life Savers Trade Dress”). An example of LIFE 24 SAVERS® packaging is shown below: 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 6 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 22. For 50 years, Wrigley and its predecessors-in-interest have 12 continuously used the LIFE SAVERS® mark to advertise, promote, and sell candy 13 throughout the United States. 14 23. Wrigley has earned billions of dollars in revenue from the sale of LIFE 15 SAVERS® candy in the United States. Many millions of people throughout the 16 country have purchased or consumed LIFE SAVERS® candy. 17 24. Wrigley has invested many millions of dollars to promote LIFE 18 SAVERS® candy. Wrigley’s advertisements and commercials for LIFE SAVERS® 19 have been seen by many millions of people nationwide. 20 25. Based on the wide-spread and long-standing use and recognition of the 21 LIFE SAVERS® brand, Wrigley enjoys extensive trademark rights in the LIFE 22 SAVERS® mark and the Life Savers Trade Dress. 23 26. Wrigley owns numerous federal registrations for its LIFE SAVERS® 24 mark and trade dress, including, but not limited to, U.S. Reg. Nos. 115,895; 25 236,694; 1,130,067; 2,358,709; 4,214,036; and 4,769,489 (such federal registrations 26 collectively with the common law trademark rights in the LIFE SAVERS® mark 27 and Life Savers Trade Dress, are hereinafter referred to as the “LIFE SAVERS® 28 Mark and Trade Dress”). Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 7 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 27. Each of the above-referenced trademark registrations are valid, 2 subsisting, and in full force under 15 U.S.C. § 1065, and, together with Wrigley’s 3 extensive common law rights, make the SKITTLES® Mark and Trade Dress, 4 STARBURST® Mark and Trade Dress, and LIFE SAVERS® Mark and Trade 5 Dress (collectively, the “Subject Trademarks”) valuable assets owned by Wrigley. 6 28. Plaintiffs allege that Awad, doing business as Cannabis 420 Supply, 7 has engaged in the marketing, offering for sale, sale, and distribution of edible 8 cannabis candy products. 9 10 11 29. Plaintiffs allege that Awad used the Subject Trademarks, without authorization or license, in the marketing of his products. 30. Specifically, Plaintiffs allege that Awad has marketed, offered for sale, 12 sold, and distributed products online via the Cannabis 420 Supply website, located 13 at https://www.cannabis420supply.com/, which violate Wrigley’s rights in the 14 Subject Trademarks. Those products include: (1) “Medicated Skittles 400mg THC 15 Edible” (sold in five flavors: “Original,” “Sour,” “Wild Berry,” “Zombie,” and 16 “Seattle Mix”); and (2) “Cannaburst Gummies 500mg THC” (sold in two flavors: 17 “Sours” and “Berry Sours”). These products, collectively referred to as the 18 “Cannabis 420 Supply Infringing Products,” are pictured below as they appear or 19 appeared on the Cannabis 420 Supply website: 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 8 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 31. Additionally, Plaintiffs allege that Green Rush has engaged in the 13 marketing, offering for sale, sale, and distribution of edible cannabis candy products 14 and other cannabis-related products. 15 16 17 32. Plaintiffs allege that Green Rush used the Subject Trademarks, without authorization or license, in the marketing of its products. 33. Specifically, Plaintiffs allege that Green Rush has marketed, offered for 18 sale, sold, and distributed products online via the Green Rush website, located at 19 https://greenrushextracts.org/, which violate Wrigley’s rights in the Subject 20 Trademarks. Those products include: (1) “Skittles Original”; (2) “Skittles 21 Medicated Original”; (3) “Skittles Sour”; (4) “Skittles Medicated Yellow Sour”; 22 (5) “Skittles Wild Berry”; (6) “Skittles Tropical”; (7) “Skittles Zombies”; (8) “Dark 23 Hawk Sour Skittles”; (9) “Baby Jeeter Infused – Blue Zkittlez”; (10) “Jeeter 1G 24 Infused Preroll Blue Zkittles”; (11) “Jeeter Juice Vape – Blue Zkittlez”; 25 (12) “Cannaburst Gummie Sourberries”; (13) “Life Saver Gummies Wild Berry”; 26 and (14) “Lifesavers Collison Gummies.” These products, collectively referred to 27 as the “Green Rush Infringing Products” (and, together with the Cannabis 420 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 9 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 Supply Infringing Products, the “Infringing Products”), are pictured below as they 2 appear or appeared on the Green Rush website: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 10 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 11 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 12 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 13 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 14 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 15 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 16 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 34. With respect to the SKITTLES® Mark and Trade Dress, Plaintiffs 2 allege that Defendants adopted and used the SKITTLES® mark in plain text and 3 white block lettering, distinctive rainbow designs, images of candy-coated lentils 4 with an “S” imprinted thereon, and/or a design featuring such candy lentils 5 cascading along an upside-down rainbow, marks and trade dress that are identical to, 6 substantially indistinguishable from, and/or imitations of the SKITTLES® Mark and 7 Trade Dress and the marks and logos in the SKITTLES® registrations. 8 9 35. With respect to the STARBURST® Mark and Trade Dress, Plaintiffs allege that Defendants adopted and used the “Cannaburst” mark with stylized 10 lettering and images of square candies with a stylized “S” imprinted thereon, marks 11 and trade dress that are identical to, substantially indistinguishable from, and/or 12 imitations of the STARBURST® Mark and Trade Dress and the marks and logos in 13 the STARBURST® registrations. 14 36. With respect to the LIFE SAVERS® Mark and Trade Dress, Plaintiffs 15 allege that Green Rush adopted and used images of the LIFE SAVERS® mark in 16 plain text and stylized lettering, as well as images of the LIFE SAVERS® 17 distinctive circular candies, marks and trade dress that are identical to, substantially 18 indistinguishable from, and/or imitations of the LIFE SAVERS® Mark and Trade 19 Dress and the marks and logos in the LIFE SAVERS® registrations. 20 37. Plaintiffs allege that Defendants took such actions with full knowledge 21 of, and in willful disregard of, Plaintiffs’ intellectual property rights, and with the 22 intent to take advantage of the good will that Plaintiffs have developed in the 23 Subject Trademarks. 24 38. Plaintiffs allege that Defendants’ complained-of acts above constitute 25 the following: 26 a. counterfeiting of the SKITTLES® Mark and Trade Dress, the 27 STARBURST® Mark and Trade Dress, and the LIFE SAVERS® Mark and 28 Trade Dress in violation of 15 U.S.C. § 1114; Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 17 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC b. 1 2 §§ 1114 and 1125(a); c. 3 4 dilution of the inherently distinctive and famous Subject Trademarks in violation of 15 U.S.C. § 1125(c); d. 5 6 infringement of the Subject Trademarks in violation of 15 U.S.C. unfair competition and deceptive acts and practices in violation of 15 U.S.C. § 1125(a)(1)(A); e. 7 unlawful, unfair, and/or fraudulent acts or business practices, 8 including unfair, deceptive, untrue, and misleading advertising, in violation of 9 California Business and Professions Code §§ 17200, et seq.; f. 10 dilution of the inherently distinctive and famous Subject 11 Trademarks in violation of California Business and Professions Code 12 § 14247; and g. 13 unfair competition and deceptive acts and practices in violation 14 of common law. 15 39. 16 U.S.C. § 1117. 17 40. Plaintiffs allege that this is an exceptional case in accordance with 15 Defendants deny all claims and all allegations raised in the Complaint. 18 Nevertheless, Defendants enter into this Stipulation to resolve this matter prior to 19 incurring additional litigation expense. By signing this Stipulation, Defendants are 20 not admitting to any wrongdoing alleged in the Complaint. 21 41. Defendants and their respective agents, servants, employees, officers, 22 directors, members, managers, successors, assigns, attorneys, and all other persons 23 acting in concert or in participation with or affiliated with Defendants, jointly and 24 severally, are permanently enjoined and restrained: 25 a. from directly or indirectly engaging in any trademark 26 counterfeiting, trademark infringement, trademark dilution, unfair 27 competition, or deceptive business practices relating to the Subject 28 Trademarks, including the SKITTLES® Mark and Trade Dress, the Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 18 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 STARBURST® Mark and Trade Dress, and the LIFE SAVERS® Mark and 2 Trade Dress, or any other trademarks or trade dress owned by Plaintiffs; b. 3 from making, manufacturing, advertising, marketing, offering, 4 selling, or distributing any products that feature, copy, imitate, simulate, or 5 are confusingly similar to, or are likely to dilute the distinctive nature of, or 6 tarnish the goodwill of, the Subject Trademarks, including the SKITTLES® 7 Mark and Trade Dress, the STARBURST® Mark and Trade Dress, and the 8 LIFE SAVERS® Mark and Trade Dress, or any other trademarks or trade 9 dress owned by Plaintiffs; c. 10 from representing by any means whatsoever, directly or 11 indirectly, that any products sold or services rendered by Defendants are 12 associated with, sponsored by, licensed by, and/or connected or affiliated with 13 Plaintiffs, or from otherwise taking any action likely to cause confusion, 14 mistake, or deception on the part of purchasers as to the origin or licensing of 15 Defendants’ products or services; d. 16 17 from otherwise competing unfairly with Plaintiffs in any manner or engaging in deceptive conduct; e. 18 from performing and/or continuing to perform in any manner 19 whatsoever any of the acts complained of in the First Amended Complaint as 20 to Plaintiffs; and 21 f. from causing, engaging in, or permitting others to do any of the 22 aforesaid acts. 23 42. Defendants shall immediately recall from all distribution channels any 24 products, packaging, advertising, and promotional materials bearing or infringing on 25 the Subject Trademarks, including the SKITTLES® Mark and Trade Dress, 26 STARBURST® Mark and Trade Dress, and LIFE SAVERS® Mark and Trade 27 Dress, or any other trademarks or trade dress owned by Plaintiffs, to the extent any 28 such materials exist. Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 19 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC 1 43. Defendants shall immediately deliver to Plaintiffs’ counsel for 2 destruction any products, packaging, advertising, and promotional materials bearing 3 or infringing on the Subject Trademarks, including the SKITTLES® Mark and 4 Trade Dress, STARBURST® Mark and Trade Dress, and LIFE SAVERS® Mark 5 and Trade Dress, or any other trademarks or trade dress owned by Plaintiffs, 6 pursuant to 15 U.S.C. § 1118, to the extent any such materials exist. Any electronic 7 equivalents of such materials shall be immediately deleted. 8 9 44. To the extent they have not already done so, Defendants shall immediately cease sales of the products described above on the Cannabis 420 10 Supply and Green Rush websites, located at https://www.cannabis420supply.com/ 11 and https://greenrushextracts.org/, respectively, and in any other locations on the 12 Internet, including other websites owned or operated by Defendants or any of their 13 affiliates, and any social media platforms owned or operated by Defendants or any 14 of their affiliates. 15 45. Each of Defendants shall immediately account for and disgorge to 16 Plaintiffs all profits wrongfully derived by their alleged unlawful conduct and pay to 17 Plaintiffs: 18 a. all monetary actual and/or statutory damages sustained and to be 19 sustained by Plaintiffs as a consequence of Defendants’ alleged unlawful 20 conduct, including, without limitation, statutory damages in the amount of 21 $2,000,000 per counterfeit mark per type of goods sold, offered for sale, or 22 distributed pursuant to 15 U.S.C. § 1117(c)(2), lost profits, and corrective 23 advertising damages; 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations b. all profits, gains, and advantages obtained by Defendants from their alleged unlawful conduct; c. exemplary damages, including treble damages resulting from Defendants’ alleged unlawful conduct; d. pre-judgment interest on all damages; and 20 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC e. 1 Plaintiffs’ costs and disbursements in this action, including their 2 reasonable attorneys’ fees. 3 46. Defendants’ alleged wrongful conduct is deemed to be willful and this 4 judgment is, therefore, non-dischargeable in the event they file for bankruptcy, 5 pursuant to 11 U.S.C. § 523(a)(6). 6 47. The Parties shall comply with the terms of the confidential settlement 7 agreement entered into by and between the Parties and executed concurrently with 8 their stipulation to this Final Judgment by Consent (the “Settlement Agreement”), 9 the terms of which are incorporated herein by reference. 10 48. This Final Judgment by Consent shall have no effect on any of 11 Plaintiffs’ claims against any other defendants to this action besides Defendants. 12 Notwithstanding the foregoing, this Court shall retain jurisdiction over this action, 13 as it relates to Defendants, to enforce this Final Judgment by Consent and the terms 14 of the Settlement Agreement. 15 IT IS SO ORDERED. 16 17 18 Dated: October 16 , 2023 Hon. John W. Holcomb United States District Judge 19 20 21 22 23 24 25 26 27 28 Loeb & Loeb A Limited Liability Partnership Including Professional Corporations 21 FINAL JUDGMENT BY CONSENT RE: AWAD AND GREEN RUSH EXTRACTS LLC
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