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Pumponator Inc. v. Water Sports, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Jun 27, 2012
Case No. 11-cv-03956 (N.D. Ill. Jun. 27, 2012)

Opinion

Case No. 11-cv-03956

06-27-2012

PUMPONATOR INC., a South Carolina Corporation, Plaintiff, v. WATER SPORTS, LLC, an Illinois limited liability company, KETZ & ASSOCIATES, INC., a Minnesota Corporation, and BRAD KETZ, an individual, Defendants.


Judge John Z. Lee

Magistrate Judge Geraldine Soat Brown


AMENDED JOINT MOTION FOR ENTRY OF FINAL JUDGMENT PURSUANT TO

SETTLEMENT

NOW COMES the Plaintiff, PUMPONATOR, INC., by and through its attorneys, BELLAS & WACHOWSKI, Defendant, WATER SPORTS, LLC, by and through its attorneys, CLINGEN CALLOW & MCLEAN and ERICKSON LAW GROUP, and Defendants KETZ & ASSOCIATES, INC., and BRAD KETZ, (collectively the "Parties") and jointly move this Honorable Court for the entry of a final judgment pursuant to settlement. In support thereof, the Parties submit as follows:

1. Plaintiff's Complaint alleges against Water Sports causes of action for trade dress infringement under Section 43(a) of the Lanham Act, and common law trade dress infringement and unfair competition.

2. Plaintiff's Complaint alleges against Defendants Ketz & Associates, Inc., and Brad Ketz causes of action for breach of contract, breach of fiduciary duty and breach of duty of loyalty.

3. The Parties have agreed to settle all outstanding matters in connection with this litigation.

4. To memorialize the agreement between the Parties to settle all outstanding matters related to this action, the Plaintiff has entered into a Release and Settlement Agreement with Defendant Water Sports and a separate Release and Settlement Agreement with Ketz & Associates, Inc., and Brad Ketz.

5. Pursuant to the terms of the Agreement, the Parties jointly move for the entry of an Agreed Final Judgment. A true and correct copy of said proposed Judgment is attached hereto marked as "Exhibit A".

WHEREFORE, the Parties, through their respective counsel, request that this Honorable Court dismiss the action against Defendants Water Sports, Ketz & Associates, Inc., and Brad Ketz with prejudice pursuant to settlement and for any other relief this Court deems fair and just.

_________

Misty J. Cygan

Bellas & Wachowski

15 N. Northwest Highway

Park Ridge, Illinois 60068

Phone: 847.823.9030

george@bellas-wachowski.com

Counsel for Pumponator, Inc.

____________

Kenneth J. Vanko

Adisa Krupalija

Clingen Callow & McLean, LLC

2100 Manchester Road, Suite 1750

Wheaton, Illinois 60187

Phone: 630.871.2600

vanko@ccmlawyer.com

Counsel for Water Sports, LLC

_____________

Eric R. Waltmire

Erickson Law Group PC

1749 S. Naperville Road, Suite 202

Wheaton, Illinois 60189

Phone: 630.388.7053

eric@ericksonlawgroup.com

Counsel for Water Sports, LLC

_____________

Timothy D. Elliott

Rathje & Woodward, LLC

300 E. Roosevelt Road

Suite 300

Wheaton, Illinois 60187

Phone: 630.668.8500

telliott@rathjewoodward.com

Counsel for Defendants Ketz & Associates,

Inc., and Brad Ketz

_________

D. Clay Taylor

1300 Nicollet Mall

Suite 5002

Minneapolis, Minnesota 55403

Phone: 612.904.7376

clay@replawyer.coom

Counsel for Defendants Ketz &

Associates, Inc., and Brad Ketz


Summaries of

Pumponator Inc. v. Water Sports, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
Jun 27, 2012
Case No. 11-cv-03956 (N.D. Ill. Jun. 27, 2012)
Case details for

Pumponator Inc. v. Water Sports, LLC

Case Details

Full title:PUMPONATOR INC., a South Carolina Corporation, Plaintiff, v. WATER SPORTS…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Date published: Jun 27, 2012

Citations

Case No. 11-cv-03956 (N.D. Ill. Jun. 27, 2012)