Opinion
2:23-cv-01879-JLR
04-12-2024
AMAZON.COM, INC., a Delaware corporation, AMAZON.COM SERVICES LLC, a Delaware limited liability company, and AMAZON TECHNOLOGIES, INC., a Nevada corporation, Plaintiffs, v. Does 1-20, unknown parties doing business as “REKK,” and the following individuals Oscar Pineda, Janiyah Alford, Noah Page, Skylar Robinson, William Walsh, Luke Colvin, Alejandro Taveras, Andrew Ling, Brandon Sukhram, Charalampos Gkatzoulas, Cosmin Sopca, Dylan Hinz, Eric Niezabytowski, Graham Ferguson, Ivona Brazovskaja, James Garofalo, Jenny Tran, Johanes Kessel, Jorge Correa, Josh Davis, Karcper Niepogoda, Olaf Booij, Ryan Bates, Sai Charan Beeravelli, Simone Antonio Figura, Zachary Iguelmamene, and Zoha Ahmed, Defendants.
Wright Tremaine LLP Attorneys for Plaintiffs, Melina Garcia, Bonnie MacNaughton, WSBA #36110 Tim Cunningham, WSBA #50224, Melina Garcia, WSBA #58036, Kacper Niepogoda, Defendant.
Wright Tremaine LLP Attorneys for Plaintiffs, Melina Garcia, Bonnie MacNaughton, WSBA #36110 Tim Cunningham, WSBA #50224, Melina Garcia, WSBA #58036,
Kacper Niepogoda, Defendant.
STIPULATED PERMANENT INJUNCTION AS TO DEFENDANT KACPER NIEPOGODA AND PROPOSED ORDER
THE HONORABLE JAMES L. ROBART, UNITED STATES SENIOR DISTRICT JUDGE.
STIPULATION
Plaintiffs Amazon.com, Inc., Amazon.com Services LLC, and Amazon Technologies, Inc. (together, “Amazon”), and Defendant Kacper Niepogoda (“Niepogoda”) and (collectively “Settling Parties”), by and through Amazon's respective counsel of record and by Niepogoda's pro-se representation, notify the Court that the Settling Parties have reached a settlement of all claims between them in this matter. Pursuant to the terms of that settlement, the Settling Parties stipulate and agree to entry of the permanent injunction below.
PERMANENT INJUNCTION
Pursuant to the above stipulation of the parties, IT IS HEREBY ORDERED that Defendant Kacper Niepogoda, and his respective employees, agents, successors and assigns, and all others in active concert or participation with him, are permanently enjoined and restrained from:
1. Accessing and using, whether directly or indirectly via a third party, intermediary, or proxy, Amazon.com, or any other Amazon online store around the world;
2. Exploiting or abusing Amazon's ordering or return services;
3. Making false statements or misrepresentations to Amazon;
4. Engaging in any activity that defrauds Amazon into paying money or providing replacement products for illegitimate returns;
5. Engaging in any scheme or malicious activity that interacts with Amazon; and
6. Knowingly and materially assisting or engaging any other person or business entity in engaging in or performing any of the activities listed above.
The Court shall retain continuing jurisdiction over this matter for the limited purposes of enforcing the terms of the Settling Parties' settlement agreement and this Stipulated Permanent Injunction.
IT IS SO ORDERED.