Better Homes Realty, INC.V. Lawrence Vecchio, et al

Northern District of California, cand-4:2015-cv-03089

STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF; DISMISSAL WITH PREJUDICE OF REMAINING CLAIMS; ORDER DISMISSING CASE [**AS MODIFIED BY THE COURT**]. Signed by Judge Yvonne Gonzalez Rogers on 3/22/16.

Interested in this case?

Current View

Full Text

1 STEVEN C. MITCHELL, ESQ., SBN 124644 MATTHEW K. GOOD, ESQ., SBN 226962 2 GEARY, SHEA, O'DONNELL, GRATTAN & MITCHELL, P.C. 90 South E Street, Suite 300 3 Santa Rosa, California 95404 Telephone: 707/545-1660 4 Facsimile: 707/545-1876 smitchell@gearylaw.com 5 mgood@gearylaw.com 6 Attorneys for Plaintiff BETTER HOMES REALTY, INC. 7 8 UNITED STATES DISTRICT COURT 9 NORTHER DISTRICT OF CALIFORNIA 10 11 BETTER HOMES REALTY, INC., CASE NO.: 3:15-cv-03089-YGR 12 Plaintiff, STIPULATED FINAL JUDGMENT AND [PROPOSED] ORDER FOR PERMANENT 13 v. INJUNCTION AND OTHER EQUITABLE RELIEF; DISMISSAL WITH PREJUDICE 14 LAWRENCE VECCHIO, JOSEPH OF REMAINING CLAIMS SHERIDAN, VICTOR GIAMANCO, 15 ANTHONY ROCCHINO, WILLIAM *AS MODIFIED BY THE COURT* ZELTMAN III, MIKE FRUSCI, BARBARA 16 ADAMS, BARBARA SHIRVANIAN WOODIE, RONNIE GLOMB V.R.I. REALTY, 17 L.L.C., WEB REALTY MARKETING, INC. and DOES 1 – 50, 18 Defendants. 19 20 WHEREAS, plaintiff filed the above action on or about July 2, 2015; 21 WHEREAS, the parties having entered into a Settlement Agreement which provides, among 22 other things, for a stipulated final judgment and order for permanent injunction and other equitable 23 relief, and for a dismissal of all other remaining claims and causes of action, with prejudice 24 ("Order"); 25 NOW, THEREFORE, plaintiff and defendants Lawrence Vecchio ("Vecchio"), Joseph LAW OFFICES OF GEARY, 26 Sheridan ("Sheridan"), Victor Giamanco ("Giamonco") and V.R.I. Realty, L.L.C. ("VRI"), having SHEA, O'DONNELL,27 requested the court to enter this Order, and the court having considered the Order reached by the GRATTAN & MITCHELL 28 parties, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: P.C. ________________________________________________________________________________ -1- Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief 1 ORDER 2 1. IT IS ORDERED that Vecchio, Sheridan, Giamanco and VRI and their agents, 3 officers, employees, representatives, successors, assigns, attorneys, franchisees, sub-franchisees, 4 related entities and any persons or entities acting for, with, by, through or under control of or 5 authority from defendants, and each of them, are permanently enjoined from: 6 (a) Using the Better Homes Realty trademark or any colorable imitation thereof; 7 and 8 (b) Using any trademark, business name or domain name that imitates, mimics 9 or is confusingly similar to or in any way similar to the Better Homes Realty trademark or in any 10 way makes use of the name Better Homes where that is likely to cause confusions, mistake, 11 deception or public misunderstanding as to the origin of BHR services or their connectedness to 12 defendants. 13 2. The Court shall retain jurisdiction of the action and the parties thereto for purposes 14 of construction and enforcement of this Order for a period of one year from the date of this Order. 15 3. Any and all other claims or causes of action against Vecchio, Sheridan, Giamonco 16 and VRI, as set forth in the above entitled action, as well as all claims and causes of action against 17 all other named defendants are hereby dismissed, with prejudice. 18 4. The Court orders the administrative closure of this case. A party may reopen the 19 case for enforcement of the injunctive relief or the settlement agreement entered into by and 20 between the parties for a period of one year from the date of this Order. 21 This Order terminates Docket Number 44. 22 SO ORDERED, this 22nd day of March, 2016. 23 24 25 LAW OFFICES OF __________________________________________ GEARY, 26 HONORABLE YVONNE GONZALEZ ROGERS SHEA, United States District Court Judge O'DONNELL,27 GRATTAN & MITCHELL 28 P.C. ________________________________________________________________________________ -2- Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief 1 2 STIPULATED AND AGREED: 3 DATED: GEARY, SHEA, O'DONNELL, GRATTAN & 4 MITCHELL, P.C. 5 6 By _______________________________ STEVEN C. MITCHELL 7 Attorneys for Plaintiff BETTER HOMES REALTY, INC. 8 DATED: GCA LAW PARTNERS LLP 9 10 11 By ____________________________________ E. DAVID MARKS 12 Attorneys for Defendants LAWRENCE VECCHIO, VICTOR 13 GIAMANCO and RONNIE GLOMB 14 15 16 17 18 19 20 21 22 23 24 25 LAW OFFICES OF GEARY, 26 SHEA, O'DONNELL,27 GRATTAN & MITCHELL 28 P.C. ________________________________________________________________________________ -3- Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief