Opinion
Civil Action 1:21-cv-07617-RA
12-21-2021
MANHEAD, LLC and LACE UP, LLC, Plaintiffs, v. JOHN DOES 1-100, JANE DOES 1-100, and XYZ COMPANIES 1-100, Defendants.
CHIESA SHAHINIAN & GIANTOMASI PC Melissa A. Salimbene, Esq. Attorneys for Plaintiffs Manhead, LLC and Lace Up, LLC
CHIESA SHAHINIAN & GIANTOMASI PC Melissa A. Salimbene, Esq. Attorneys for Plaintiffs Manhead, LLC and Lace Up, LLC
ORDER DIRECTING RELEASE OF FUNDS
HON. RONNIE ABRAMS, U.S.D.J.
This matter having been opened to the Court by way of Order to Show Cause on behalf plaintiffs Manhead, LLC (“Manhead”) and Lace Up, LLC (collectively “Plaintiffs”) by and through their counsel, Chiesa Shahinian Giantomasi PC, and this Court having entered an order of preliminary injunction and order of seizure on September 28, 2021, and that injunction having by its own terms expired on December 18, 2021, and the matter having been disposed of by the Court pursuant to Plaintiffs having filed a voluntary dismissal of his matter without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), and no defendants having appeared by answer or otherwise, and good cause appearing.
ORDERED that the funds in the amount of $20,000 paid into the United States District Court for the Southern District of New York on September 14, 2021 by Plaintiff Manhead as security for an injunction pursuant to the Court's September 13, 2021 Order shall be released to Manhead, LLC, plus interest that may have accrued (if any).
IT IS FURTHER ORDERED that the Clerk is directed to issue a check payable to “Manhead, LLC” in the amount of $20,000, plus interest that may have accrued (if any), and to mail that check to Manhead's counsel, Melissa A. Salimbene, Esq., Chiesa Shahinian Giantomasi PC, 11 Times Square, 34th Floor, New York, New York 10036.
IT IS FURTHER ORDERED that Plaintiffs are authorized to destroy or otherwise dispose of all infringing merchandise seized pursuant to the Orders of the Court issued on September 13, 2021 and September 28, 2021 in this matter.