jat wheels v. db motoring - request for default judgment

8/20/2019 JAT Wheels v. DB Motoring - Request for Default Judgment

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MOTION FOR ENTRY OF DEFAULT JUDGMENT (FRCP 55(b)(2))

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Tommy SF Wang SBN: 272409Leontyne Fan SBN: 285042Yang & Wang, P.C. 355 S. Grand Ave., Ste. #2450Los Angeles, CA 90071Telephone: (888) 827-8880Fax: (888) 827-8880Email: [email protected]; [email protected]

Attorneys for PlaintiffJAT Wheels, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JAT W ee s, Inc., a Ca orn aCorporation d/b/a/ STR Racing,

Plaintiff,

vs.

DB Motoring Group, Inc., a FloridaCorporation; and DOES 1-10,collectively,

Defendant.

Case No.: 14-CV-05097-GW-AGRx

MOTION FOR ENTRY OF

DEFAULT JUDGMENT

Judge: Honorable George H. WuDATE: 12/28/15TIME: 8:30AMDEPT: 10

MOTION FOR ENTRY OF DEFAULT JUDGMENT

Plaintiff, JAT Wheels, Inc. (“Plaintiff”), requests that entry of judgment by

default be entered against defendants, DB Motoring Group, Inc. (“Defendant”),

pursuant to Federal Rule of Civil Procedure 55(b)(2). In support of this request

Plaintiff relies upon the record in this case, the affidavit submitted herein, and in

support thereof shows the following:

1. On July 1, 2014, Plaintiff filed in the Central District of California, Western

Division, a Complaint alleging the following claims: 1) Patent Infringement

pursuant to 35 U.S.C. 271; 2) Federal Copyright Infringement pursuant to 17

Case 2:14-cv-05097-GW-AGR Document 20 Filed 11/05/15 Page 1 of 5 Page ID #:97


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U.S.C. 106; 3) California Common Law Unfair Competition; and 4)

California Unfair Competition pursuant to California Business &

Professions Code Section 17200, et. seq. A copy of said Complaint is

attached as Exhibit 1 and is incorporated herein by reference.

2. On July 1, 2014, Plaintiff’s counsel sent a letter to Defendant notifying

Defendant of the Complaint filed and requested a response by July 11, 2014,

to explore potential settlement negotiations. Defendant did not respond to

Plaintiff’s letter.

3. On July 29, 2014, Defendant was served and the Summons and Complaint

was executed upon Evelyn Velasqeuz, the authorized person to accept

service. The Answer was due on August 19, 2014. See Docket Entry No.

11.

4. On November 18, 2014, Plaintiff filed a request for entry of default which

was entered by the clerk pursuant to Federal Rules of Civil Procedure 55(a)

on April 23, 2015. See Docket Entry No. 12 and 15.

5. Defendant failed to plead or otherwise defend this action, and Plaintiff is

entitled to judgment by default against the Defendant.6. Pursuant to the provisions of Rule 55(b), Federal Rules of Civil Procedure,

this Court is empowered to enter a default judgment against the Defendant

for the relief sought by Plaintiff in its Complaint, and written notice of this

action has been given to Defendant as set forth in the attached affidavit.

PRAYER

WHEREFORE, Plaintiff prays that the Court enter a judgment of default

against Defendant as follows:

1. For a judgment declaring that Defendant has infringed on Plaintiff’s

Design Patent.



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2. For a judgment awarding Plaintiff compensatory and punitive damages as

a result of Defendant’s infringement of Plaintiff’s Design Patent, together

with interest and costs, and in no event less than a reasonable royalty in

the amount of $100,000.00;

3. The Defendant, its officers, agents, servants, employees, attorneys, and

all those in active concert or participation with them be enjoined and

restrained:

a. From further using Plaintiff’s Design Patents or any other

confusingly similar design, in connection with the manufacture,

sale, advertisement or promotion of any product or any other

similar infringement of Plaintiff’s Design Patent rights, for

products not originating from Plaintiff or authorized by Plaintiff;

and

b.

From engaging in unfair competition by making and selling its

products or otherwise using confusingly similar designs, in such a

way as to misrepresent the origin of any of the Defendant’s

products;

4. For an order requiring Defendant to deliver all material in Defendant’s

possession, custody or control that include or incorporate products that

infringe Plaintiff’s Design Patent rights, including but not limited to, any

containers, packages, labels and advertisements in their possession or

under their control utilizing Plaintiff’s Design Patents, or any simulation,

reproduction, counterfeit, copy, or colorable imitation thereof to Plaintiff;



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5. For permanent injunction against Defendant, preventing Defendant from

any future usage of any identical or similarly confusing designs related to

Plaintiff’s registered Design Patent;

6.

For a judgment declaring that this case is exceptional and awarding to the

Plaintiff from the Defendant, its expenses, costs, and attorneys fees in

accordance with 35 U.S.C. §§ 284 and 285 and Rule 54(d) of the Federal

Rules of Civil Procedure;

7. Awarding other such relief to the Plaintiff as this Court deems just.

/s/ Tommy SF Wang

Tommy SF Wang,Attorney for Plaintiff, JAT Wheels, Inc.



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CERTIFICATE OF SERVICE

I hereby certify that on November 5, 2015, a copy of the foregoing Motion

For Entry of Default Judgment was filed electronically and served on the Parties in

this action addressed as:

DB Motoring Group13000 NW 45th Ave.Opa-locka, FL 33054

[X ] BY MAIL: by placing the document(s) listed above in a sealed

envelope(s) and depositing the sealed envelope(s) with the United States Postal

Service with the postage fully prepaid.

I declare, under penalty of perjury under the laws of the State of California,

that the foregoing is true and correct. Executed on November 5, 2015, at Los

Angeles, California.

/s/ Leontyne Fan



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1DECLARATION OF LEONTYNE FAN IN SUPPORT OF PLAINTIFF’S MOTION FOR

ENTRY OF DEFAULT JUDGMENT (FRCP 55(b))

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Tommy SF Wang SBN: 272409

Leontyne Fan SBN: 285042

Yang & Wang, P.C.

355 S. Grand Ave., Ste. #2450

Los Angeles, CA 90071

Telephone: (888) 827-8880

Fax: (888) 827-8880Email: [email protected]; [email protected]

Attorneys for PlaintiffJAT Wheels, Inc.



JAT W ee s, Inc., a Ca orn aCorporation d/b/a/ STR Racing,

Plaintiff,

vs.


Defendant


AFFIDAVIT IN SUPPORT OFMOTION FOR ENTRY OFDEFAULT JUDGMENT (FRCPRULE 55(b)(2)

Judge: Honorable George H. Wu

I, Tommy SF Wang, declare as follows:

1. I am over the age of 18 years old, and am the Attorney of Plaintiff

herein. I make this Declaration in support of Plaintiff’s Motion for Entry of

Default Judgment. If called upon to do so, I can and shall competently testify to the

matters set forth herein as the same are of my own personal knowledge or of good

information and belief.2. I have read and am familiar with the Plaintiff’s Motion for Entry of

Default Judgment (Federal Rule of Civil Procedure 55(b)).

3. The summons and complaint were served upon the Defendant on July

29, 2014.

Case 2:14-cv-05097-GW-AGR Document 20-1 Filed 11/05/15 Page 1 of 2 Page ID #:102


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2DECLARATION OF LEONTYNE FAN IN SUPPORT OF PLAINTIFF’S MOTION FOR

ENTRY OF DEFAULT JUDGMENT (FRCP 55(b))

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4. An answer to the complaint was due on August 19, 2014. No answer

was served within the time allowed by law nor has the Defendant sought additional

time within which to respond.

5. The request for entry of default was filed on November 18, 2014.

6. The default of Defendants was entered on April 23, 2015.

7. As required by the Service Members Civil Relief Act of 2003, I have

confirmed that the Defendant is not currently in active military service.

8. To my best information and belief, Defendant is not an infant or

incompetent person.

9. The claim of Plaintiff is for: permanent injunction, damages, costs,

and attorneys’ fees.

I declare under penalty of perjury under the laws of the State of California

that the foregoing is true and correct.

Executed on this 4th

day, of November, 2015, at Los Angeles, California.

/s/ Tommy SF Wang

Tommy SF Wang,

Attorney for Plaintiff, JAT Wheels, Inc.



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EXHIBIT 1



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[PROPOSED] ORDER

Tommy SF Wang (SBN: 272409)Leontyne Fan (SBN: 285042)Yang & Wang, P.C.355 S. Grand Ave., Ste. 2450Los Angeles, CA 90071Telephone: (888) 827-8880

Fax: (888) 827-8880Email: [email protected]; [email protected]

Attorney for Plaintiff,JAT Wheels, Inc.



JAT Wheels, Inc., a CaliforniaCorporation d/b/a/ STR Racing,

Plaintiff,

v.


Defendants.


[PROPOSED] ORDER FOR ENTRYOF DEFAULT JUDGMENT

The Defendant, DB Motoring Group, Inc. having failed to appear, plead or

otherwise defend in this action, and default having been entered on April 23, 2015,

and counsel for Plaintiff having requested judgment against the defaulted Defendant

and having filed a proper motion and affidavit in accordance with Federal Rule of

Civil Procedure 55 (a) and (b).

Judgment is hereby entered in favor of Plaintiff, JAT Wheels, Inc., and

against Defendant, DB Motoring Group, Inc., as follows:

1. For a judgment declaring that Defendant has infringed on Plaintiff’s

Design Patent.

2. For a judgment awarding Plaintiff compensatory and punitive damages as

a result of Defendant’s infringement of Plaintiff’s Design Patent, together



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[PROPOSED] ORDER

with interest and costs, and in no event less than a reasonable royalty in the

amount of $100,000.00;

3. The Defendant, its officers, agents, servants, employees, attorneys, and all

those in active concert or participation with them be enjoined and

restrained:

a. From further using Plaintiff’s Design Patents or any other

confusingly similar design, in connection with the manufacture,

sale, advertisement or promotion of any product or any other similar

infringement of Plaintiff’s Design Patent rights, for products not

originating from Plaintiff or authorized by Plaintiff; and

b. From engaging in unfair competition by making and selling its

products or otherwise using confusingly similar designs, in such a

way as to misrepresent the origin of any of the Defendant’s

products;

4. For an order requiring Defendant to deliver all material in Defendant’s

possession, custody or control that include or incorporate products that

infringe Plaintiff’s Design Patent rights, including but not limited to, any

containers, packages, labels and advertisements in their possession or

under their control utilizing Plaintiff’s Design Patents, or any simulation,

reproduction, counterfeit, copy, or colorable imitation thereof to Plaintiff;

5. For permanent injunction against Defendant, preventing Defendant from

any future usage of any identical or similarly confusing designs related to

Plaintiff’s registered Design Patent; and

6. For a judgment declaring that this case is exceptional and awarding to the

Plaintiff from the Defendant, its expenses, costs, and attorneys fees in



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accordance with 35 U.S.C. §§ 284 and 285 and Rule 54(d) of the Federal

Rules of Civil Procedure.

SO ORDERED.

DATED: November ___, 2015

Honorable George H. WuU.S. District Court Judge


jat wheels v. db motoring - request for default judgment

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