Opinion
No. C02-4927 MMC (JCS)
September 8, 2003
FREAR STEPHEN SCHMID, SAN FRANCISCO, CA for Plaintiff
DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS, MARC WAGNER, MATT WAGNER, AND WAGNER BODY JEWELRY
Defendants, MARC WAGNER, MATT WAGNER, AND WAGNER BODY JEWELRY, having failed to appear in this matter within the time allowed by law, and a default being duly entered against each of these defendants by the clerk on April 4, 2003, plaintiff having made a motion for default judgment which came on for hearing on Friday July 11, 2003, before Magistrate Judge Spero, Magistrate Judge Spero having rendered a "Report and Recommendation Re Plaintiffs Application for Default Judgment by Court," the court having considered said report and recommendation, and having adopted it by order dated August 25, 2003,
IT IS HEREBY ADJUDGED, ORDERED AND DECREED as follows:
1. This Court has jurisdiction of the subject matter of the action and the parties to this action and venue is proper in this judicial district;
2. Defendants, Marc Wagner, Matt Wagner, Wagner Body Jewelry, and their officers, agents, servants, employees and attorneys, and those persons in active concert and participation with Defendants, are permanently enjoined from directly or indirectly manufacturing, marketing, offering for sale and/or sale of all products that infringe the United States Patent No. 6,419,649.
3. Plaintiff is awarded judgment as against defendants, Marc Wagner, Matt Wagner, and Wagner Body Jewelry, jointly and severally in the amount of $150.00, the cost of suit; and
4. The Court shall retain jurisdiction of this action for the purposes of enforcement of compliance with this Judgment and Permanent Injunction and for the punishment of violations thereof.
IT IS SO ORDERED, ADJUDGED AND DECREED.