Free Proposed Order - District Court of California - California

Case 4:08-cv-01597-CW

Document 15

Filed 07/09/2008

Page 1 of 3

1 TOWNSEND AN TOWNSEND AN CREW LLP
GREGORY S. GILCHRIST (CA State Bar # 111536); gsgilchrist(?townsend.com 2 TALI L. ALBAN (CA State Bar # 233694); tlalban(?townsend.com Two Embarcadero Center, 8th Floor
3 San Francisco, California 94111

Telephone: (415) 576-0200
4 Facsimile: (415) 576-0300

5 Attorneys for Plaintiff
WILLIAMS-SONOMA, INC.
6
7

UNITED STATES DISTRICT COURT
8

FOR THE NORTHERN DISTRICT OF CALIFORNIA
9

SAN JOSE DIVISION
10

WILLIAS-SONOMA, INC., a California 11 corporation,
12
13

Case No. CV 08-1597 RS

Plaintiff,
v.

15 KILLIA, an individual, doing business as
REPLACEMENTSLIPCOVERS.COM,
16

14 Danielle SECHRST, an individual, Steven SECHREST, an individual, and James

(PROPOSED) ORDER GRATING PLAINTIFF WILLIAMS-SONOMA, INC.'S APPLICATION FOR DEFAULT JUDGMENT
Date: Wednesday, August 20, 2008

Time: 9:30 a.m.
Courtroom: #4

Defendants.
17 18 19

Magistrate Judge Richard Seeborg

20
21

22
23

24
25

26 27
28
(Proposed) Order Re: Plf.'s Application for Default Judgment

Wiliams-Sonoma. Inc. v.Danielle Sechrest.. et al
Case No. CV 08-1597 RS~

Case 4:08-cv-01597-CW

Document 15

Filed 07/09/2008

Page 2 of 3

1 Plaintiff

Wiliams-Sonoma, Inc.'s ("WSI") Application for Default Judgment against

2 Defendants Danielle Sechrest, Steven Sechrest, and James Killian, d//a Replacementslipcovers.com

3 ("Defendants"), came on for a hearng before this Court on August 20, 2008, and this Court, having
4 considered all the evidence in the record and arguments of counsel, and, for good cause appearng,

5 HEREBY GRANTS PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT.

6 THEREFORE, IT IS ORDERED that judgment shall be entered for Plaintiff Williams7 Sonoma, Inc., and against Defendants.

8 IT IS FURTHER ORDERED that Defendants, their agents, employees, successors, and all
9 persons acting in concert with them who receive notice of

this Order, are permanently enjoined ffom

10 infrnging or diluting in any maner WSI's Copyrghted images, POTTERY BAR trademarks, or
11 other WSI marks, including any commercial use of

the marks "Pottery Bar," "Pottery Bar Teens,"

12 "Pottery Barn Kids," "PB Kids," or any colorable imitation or variations of these marks;

13 IT IS FURTHER ORDERED that WSI shall recover from Defendants, jointly and severally,
14 WSI's reasonable costs and attorneys' fees in the amount of$6,079.63.
15 IT IS FURTHER ORDERED that this Court shall retain

jurisdiction for the purose of

16 making further orders necessary or proper for the constrction, modification, and/or enforcement of
17 this Order and/or for the punishment of any violations thereof.
18

19

20
21

DATED:

RICHAR SEEBORG
UNTED STATES MAGISTRATE JUGE

22
23

24
25

26 27
28
- 1 -

(Proposed) Order Re: Plf.s

Wiliams-Sonoma, Inc. v.Danielle Sechrest. et al
Case No. CV 08-1597 RS~

Application for Default Judgment

Case 4:08-cv-01597-CW

Document 15

Filed 07/09/2008

Page 3 of 3

1

CERTIFICATE OF SERVICE
(C.c.P. §§ 1011 and 1013, C.R.c.§ 2008, F.R.C.P. Rule 5, F.R.A.P. 25)

2
3

I declare that I am employed in the City and County of San Francisco, California; I am over the age of 18 years and not a party to the within action; my business address is Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. On the date set forth below, I served a true
and accurate copy of

4
5

the document(s) entitled:

(PROPOSED) ORDER GRANTING PLAINTIFF WILLIAMS-SONOMA, INC.'S APPLICATION FOR DEFAULT JUDGMENT
on the pary(ies) in this action by placing said copy(ies) in a sealed envelope each addressed as
follows:

6

7
8

9 10

Danielle Sechrest 21036 Torrence Chapel Road Cornelius, NC 28031

James Killan 19219 Dutch Irs Drive

Cornelius, NC 28031

11 Steven Sechrest

21036 Torrence Chapel Road
12 Cornelius, NC 28031

13

14
15

i: (By First Class Mail) I am readily familiar with my employer's practice for collecting

16 17
18 19

and processing documents for mailing with the United States Postal Service. On the date listed herein, business, by following ordinary business practice, I served the within document(s) at my place of placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing with the United States Postal Service where it would be deposited with the business. United States Postal Service that same day in the ordinar course of

D (By Overnight Courier) I caused each envelope to be delivered by a commercial carer
service for overnight delivery to the offces ofthe addressee(s).

D (By Hand) I directed each envelope to the party(ies) so designated on the service list to
be delivered by courier this date.
20
21

D (By Facsimile Transmission) I caused said document to be sent by facsimile
transmission to the fax number indicated for the pary(ies) listed above.

D (By Electronic Transmission) I caused said document to be sent by electronic
transmission to the e-mail addressees) indicated for the pary(ies) listed above. I declare under penalty of peijury that the foregoing is true and correct and that this declaration was executed this date at San Francisco, California.

22
23

24
25

Dated: July 9,2008 ~;;?~'
/' . stine J. Stór im
61422061 vI
- 1 -

.//:0 /J .'

26 27
28

(Proposed) Order Re: Plf.'s Application for Default Judgment

Wiliams-Sonoma, Inc. v.Danielle Sechrest.. et al
Case No. CV 08-1597 RS~