Opinion
Case No.: 8:17-cv-00213-DOC (KESx)
03-14-2017
AMAZON.COM, INC., a Delaware corporation Petitioner, v. MICHAEL ABBARA, an individual, and DOES 1 through 10, Respondents.
Caitlin C. Blanche (SBN 254109) caitlin.blanche@klgates.com Andrew S. Gahan (SBN 300598) andrew.gahan@klgates.com K&L GATES LLP 1 Park Plaza Twelfth Floor Irvine, CA 92614 Telephone: +1 949 253 0900 Facsimile: +1 949 253 0902 Attorneys for Petitioner AMAZON.COM, INC.
Caitlin C. Blanche (SBN 254109)
caitlin.blanche@klgates.com
Andrew S. Gahan (SBN 300598)
andrew.gahan@klgates.com
K&L GATES LLP
1 Park Plaza
Twelfth Floor
Irvine, CA 92614
Telephone: +1 949 253 0900
Facsimile: +1 949 253 0902 Attorneys for Petitioner
AMAZON.COM, INC.
JUDGMENT
Hon. David O. Carter
This action came before the Court, the Honorable David O. Carter, United States District Judge presiding, on Petitioner Amazon.com, Inc.'s ("Amazon" or "Petitioner") Petition to Confirm Arbitration Award ("Petition") against Respondent Michael Abbara ("Abbara" or "Respondent") (Dkt. 1). Having carefully considered the moving papers and considered the parties' arguments, the Court GRANTS the Petition and hereby enters final judgment against Respondent and ORDERS, ADJUDGES, and DECREES as follows:
1. On October 31, 2016, the Hon. George A. Finkle, Ret., of the American Arbitration Association, rendered an arbitration award in favor of Amazon and against Abbara (the "Award");
2. Amazon timely sought to confirm the Award by filing the Petition on February 7, 2017;
3. Respondent has not sought to vacate, modify, or challenge the arbitration Award, and the Award has not been vacated, modified, or corrected pursuant to 9 U.S.C. §§ 10 or 11. In addition, the Court finds no evidence of any of the allowable grounds for vacation;
4. Accordingly, the Award is CONFIRMED in its entirety;
5. It is hereby ORDERED that Respondent shall pay $133,273, representing Lanham Act damages awarded to Petitioner under the Award;
6. It is hereby ORDERED further that Respondent shall pay $7,500, representing attorney's fees awarded to Petitioner under the Award;
7. It is hereby ORDERED further Respondent shall pay $9,500, representing costs awarded to Petitioner under the Award;
8. It is hereby ORDERED further that Respondent, together with his officers, agents, representatives, servants, employees, attorneys, successors and assigns are permanently enjoined from:
(a) selling products on any of Amazon's websites;
(b) opening any Amazon account;
(c) accessing Amazon's services in any manner whatsoever; and
(d) assisting, aiding or abetting any other person or business entity in engaging or performing any of the activities referred to in subparagraphs (a) - (c) of this paragraph.
IT IS SO ORDERED.
Dated: March 14, 2017
/s/_________
DAVID O. CARTER
U.S. District Judge