JAT Wheels v. DB Motoring - Request For Default Judgment

Case 2:14-cv-05097-GW-AGR Document 20 Filed 11/05/15 Page 1 of 5 Page ID #:97
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Tommy SF Wang SBN: 272409

Leontyne Fan SBN: 285042
Yang & Wang, P.C.
355 S. Grand Ave., Ste. #2450
Los Angeles, CA 90071
Telephone: (888) 827-8880
Fax: (888) 827-8880
Email: twang@yangwanglaw.com; lfan@yangwanglaw.com
Attorneys for Plaintiff
JAT Wheels, Inc.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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JAT Wheels, Inc., a California

Corporation d/b/a/ STR Racing,
Plaintiff,
vs.
DB Motoring Group, Inc., a Florida
Corporation; and DOES 1-10,
collectively,
Defendant.
Case No.: 14-CV-05097-GW-AGRx

MOTION FOR ENTRY OF
DEFAULT JUDGMENT
Judge: Honorable George H. Wu
DATE: 12/28/15
TIME: 8:30AM
DEPT: 10
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MOTION FOR ENTRY OF DEFAULT JUDGMENT

Plaintiff, JAT Wheels, Inc. (Plaintiff), requests that entry of judgment by
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default be entered against defendants, DB Motoring Group, Inc. (Defendant),
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pursuant to Federal Rule of Civil Procedure 55(b)(2). In support of this request
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Plaintiff relies upon the record in this case, the affidavit submitted herein, and in
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support thereof shows the following:
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1. On July 1, 2014, Plaintiff filed in the Central District of California, Western
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Division, a Complaint alleging the following claims: 1) Patent Infringement
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pursuant to 35 U.S.C. 271; 2) Federal Copyright Infringement pursuant to 17
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MOTION FOR ENTRY OF DEFAULT JUDGMENT (FRCP 55(b)(2))
U.S.C. 106; 3) California Common Law Unfair Competition; and 4)
California Unfair Competition pursuant to California Business &
Professions Code Section 17200, et. seq. A copy of said Complaint is
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attached as Exhibit 1 and is incorporated herein by reference.

2. On July 1, 2014, Plaintiffs counsel sent a letter to Defendant notifying
Defendant of the Complaint filed and requested a response by July 11, 2014,
to explore potential settlement negotiations. Defendant did not respond to
Plaintiffs letter.
3. On July 29, 2014, Defendant was served and the Summons and Complaint
was executed upon Evelyn Velasqeuz, the authorized person to accept
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service. The Answer was due on August 19, 2014. See Docket Entry No.
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11.
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4. On November 18, 2014, Plaintiff filed a request for entry of default which
was entered by the clerk pursuant to Federal Rules of Civil Procedure 55(a)
on April 23, 2015. See Docket Entry No. 12 and 15.
5. Defendant failed to plead or otherwise defend this action, and Plaintiff is
entitled to judgment by default against the Defendant.
6. Pursuant to the provisions of Rule 55(b), Federal Rules of Civil Procedure,
this Court is empowered to enter a default judgment against the Defendant
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for the relief sought by Plaintiff in its Complaint, and written notice of this
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action has been given to Defendant as set forth in the attached affidavit.
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PRAYER
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WHEREFORE, Plaintiff prays that the Court enter a judgment of default
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against Defendant as follows:
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1. For a judgment declaring that Defendant has infringed on Plaintiffs
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Design Patent.
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2. For a judgment awarding Plaintiff compensatory and punitive damages as
a result of Defendants infringement of Plaintiffs Design Patent, together
with interest and costs, and in no event less than a reasonable royalty in
the amount of $100,000.00;
3. The Defendant, its officers, agents, servants, employees, attorneys, and
all those in active concert or participation with them be enjoined and
restrained:
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a. From further using Plaintiffs Design Patents or any other

confusingly similar design, in connection with the manufacture,
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sale, advertisement or promotion of any product or any other
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similar infringement of Plaintiffs Design Patent rights, for
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products not originating from Plaintiff or authorized by Plaintiff;
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and
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b. From engaging in unfair competition by making and selling its
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products or otherwise using confusingly similar designs, in such a
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way as to misrepresent the origin of any of the Defendants
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products;
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4. For an order requiring Defendant to deliver all material in Defendants
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possession, custody or control that include or incorporate products that
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infringe Plaintiffs Design Patent rights, including but not limited to, any
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containers, packages, labels and advertisements in their possession or
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under their control utilizing Plaintiffs Design Patents, or any simulation,
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reproduction, counterfeit, copy, or colorable imitation thereof to Plaintiff;
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5. For permanent injunction against Defendant, preventing Defendant from
any future usage of any identical or similarly confusing designs related to
Plaintiffs registered Design Patent;
6. For a judgment declaring that this case is exceptional and awarding to the
Plaintiff from the Defendant, its expenses, costs, and attorneys fees in
accordance with 35 U.S.C. 284 and 285 and Rule 54(d) of the Federal
Rules of Civil Procedure;
7. Awarding other such relief to the Plaintiff as this Court deems just.
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/s/ Tommy SF Wang

Tommy SF Wang,
Attorney for Plaintiff, JAT Wheels, Inc.
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CERTIFICATE OF SERVICE
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I hereby certify that on November 5, 2015, a copy of the foregoing Motion
For Entry of Default Judgment was filed electronically and served on the Parties in
this action addressed as:
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DB Motoring Group
13000 NW 45th Ave.
Opa-locka, FL 33054
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[X ] BY MAIL: by placing the document(s) listed above in a sealed

envelope(s) and depositing the sealed envelope(s) with the United States Postal
Service with the postage fully prepaid.
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I declare, under penalty of perjury under the laws of the State of California,
that the foregoing is true and correct. Executed on November 5, 2015, at Los
Angeles, California.
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/s/ Leontyne Fan
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Case 2:14-cv-05097-GW-AGR Document 20-1 Filed 11/05/15 Page 1 of 2 Page ID #:102
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Tommy SF Wang SBN: 272409

Leontyne Fan SBN: 285042
Yang & Wang, P.C.
355 S. Grand Ave., Ste. #2450
Los Angeles, CA 90071
Telephone: (888) 827-8880
Fax: (888) 827-8880
Attorneys for Plaintiff
JAT Wheels, Inc.
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Corporation d/b/a/ STR Racing,
Plaintiff,
vs.
Corporation; and DOES 1-10,
collectively,
Defendant

AFFIDAVIT IN SUPPORT OF
MOTION FOR ENTRY OF
DEFAULT JUDGMENT (FRCP
RULE 55(b)(2)
Judge: Honorable George H. Wu
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I, Tommy SF Wang, declare as follows:

1.
I am over the age of 18 years old, and am the Attorney of Plaintiff
herein. I make this Declaration in support of Plaintiffs Motion for Entry of

Default Judgment. If called upon to do so, I can and shall competently testify to the
matters set forth herein as the same are of my own personal knowledge or of good
information and belief.
2.
I have read and am familiar with the Plaintiffs Motion for Entry of
Default Judgment (Federal Rule of Civil Procedure 55(b)).

3.
The summons and complaint were served upon the Defendant on July
29, 2014.
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DECLARATION OF LEONTYNE FAN IN SUPPORT OF PLAINTIFFS MOTION FOR
ENTRY OF DEFAULT JUDGMENT (FRCP 55(b))
4.
An answer to the complaint was due on August 19, 2014. No answer
was served within the time allowed by law nor has the Defendant sought additional
time within which to respond.
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The request for entry of default was filed on November 18, 2014.
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The default of Defendants was entered on April 23, 2015.
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As required by the Service Members Civil Relief Act of 2003, I have
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confirmed that the Defendant is not currently in active military service.

8.
To my best information and belief, Defendant is not an infant or
incompetent person.
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The claim of Plaintiff is for: permanent injunction, damages, costs,
and attorneys fees.

I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Executed on this 4th day, of November, 2015, at Los Angeles, California.
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/s/ Tommy SF Wang

Tommy SF Wang,
Attorney for Plaintiff, JAT Wheels, Inc.
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DECLARATION OF LEONTYNE FAN IN SUPPORT OF PLAINTIFFS MOTION FOR
ENTRY OF DEFAULT JUDGMENT (FRCP 55(b))
EXHIBIT 1
1 Tommy SF Wang (SBN: 272409)
Leontyne Fan (SBN: 285042)
2 Yang & Wang, P.C.
355 S. Grand Ave., Ste. 2450
3 Los Angeles, CA 90071
Telephone: (888) 827-8880
4 Fax: (888) 827-8880

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Attorney for Plaintiff,
6 JAT Wheels, Inc.

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11 Corporation d/b/a/ STR Racing,
Plaintiff,
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[PROPOSED] ORDER FOR ENTRY

OF DEFAULT JUDGMENT
v.
14 Corporation; and DOES 1-10,

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collectively,
Defendants.
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The Defendant, DB Motoring Group, Inc. having failed to appear, plead or
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22 Civil Procedure 55 (a) and (b).
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Judgment is hereby entered in favor of Plaintiff, JAT Wheels, Inc., and
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1. For a judgment declaring that Defendant has infringed on Plaintiffs

Design Patent.
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2. For a judgment awarding Plaintiff compensatory and punitive damages as
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a result of Defendants infringement of Plaintiffs Design Patent, together

[PROPOSED] ORDER
with interest and costs, and in no event less than a reasonable royalty in the
amount of $100,000.00;
3. The Defendant, its officers, agents, servants, employees, attorneys, and all
those in active concert or participation with them be enjoined and
restrained:
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a. From further using Plaintiffs Design Patents or any other

confusingly similar design, in connection with the manufacture,
sale, advertisement or promotion of any product or any other similar
infringement of Plaintiffs Design Patent rights, for products not
originating from Plaintiff or authorized by Plaintiff; and
b. From engaging in unfair competition by making and selling its
products or otherwise using confusingly similar designs, in such a
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way as to misrepresent the origin of any of the Defendants
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products;
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4. For an order requiring Defendant to deliver all material in Defendants
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possession, custody or control that include or incorporate products that
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infringe Plaintiffs Design Patent rights, including but not limited to, any
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containers, packages, labels and advertisements in their possession or
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under their control utilizing Plaintiffs Design Patents, or any simulation,
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reproduction, counterfeit, copy, or colorable imitation thereof to Plaintiff;
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5. For permanent injunction against Defendant, preventing Defendant from

any future usage of any identical or similarly confusing designs related to
Plaintiffs registered Design Patent; and
6. For a judgment declaring that this case is exceptional and awarding to the
Plaintiff from the Defendant, its expenses, costs, and attorneys fees in
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[PROPOSED] ORDER
accordance with 35 U.S.C. 284 and 285 and Rule 54(d) of the Federal
Rules of Civil Procedure.
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4 SO ORDERED.
5 DATED: November ___, 2015
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Honorable George H. Wu
U.S. District Court Judge
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[PROPOSED] ORDER

JAT Wheels v. DB Motoring - Request For Default Judgment

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Case 2:14-cv-05097-GW-AGR Document 20 Filed 11/05/15 Page 1 of 5 Page ID #:97

Tommy SF Wang SBN: 272409

JAT Wheels, Inc., a California

Case No.: 14-CV-05097-GW-AGRx

MOTION FOR ENTRY OF DEFAULT JUDGMENT

default be entered against defendants, DB Motoring Group, Inc. (Defendant),

pursuant to Federal Rule of Civil Procedure 55(b)(2). In support of this request

support thereof shows the following:

1. On July 1, 2014, Plaintiff filed in the Central District of California, Western

Division, a Complaint alleging the following claims: 1) Patent Infringement

pursuant to 35 U.S.C. 271; 2) Federal Copyright Infringement pursuant to 17

Case 2:14-cv-05097-GW-AGR Document 20 Filed 11/05/15 Page 2 of 5 Page ID #:98

U.S.C. 106; 3) California Common Law Unfair Competition; and 4)

California Unfair Competition pursuant to California Business &

Professions Code Section 17200, et. seq. A copy of said Complaint is

attached as Exhibit 1 and is incorporated herein by reference.

was executed upon Evelyn Velasqeuz, the authorized person to accept

WHEREFORE, Plaintiff prays that the Court enter a judgment of default

against Defendant as follows:

1. For a judgment declaring that Defendant has infringed on Plaintiffs

Case 2:14-cv-05097-GW-AGR Document 20 Filed 11/05/15 Page 3 of 5 Page ID #:99

2. For a judgment awarding Plaintiff compensatory and punitive damages as

a result of Defendants infringement of Plaintiffs Design Patent, together

the amount of $100,000.00;

3. The Defendant, its officers, agents, servants, employees, attorneys, and

all those in active concert or participation with them be enjoined and

a. From further using Plaintiffs Design Patents or any other

sale, advertisement or promotion of any product or any other

similar infringement of Plaintiffs Design Patent rights, for

products not originating from Plaintiff or authorized by Plaintiff;

b. From engaging in unfair competition by making and selling its

products or otherwise using confusingly similar designs, in such a

way as to misrepresent the origin of any of the Defendants

4. For an order requiring Defendant to deliver all material in Defendants

possession, custody or control that include or incorporate products that

containers, packages, labels and advertisements in their possession or

under their control utilizing Plaintiffs Design Patents, or any simulation,

reproduction, counterfeit, copy, or colorable imitation thereof to Plaintiff;

Case 2:14-cv-05097-GW-AGR Document 20 Filed 11/05/15 Page 4 of 5 Page ID #:100

5. For permanent injunction against Defendant, preventing Defendant from

any future usage of any identical or similarly confusing designs related to

Plaintiffs registered Design Patent;

Rules of Civil Procedure;

/s/ Tommy SF Wang

Case 2:14-cv-05097-GW-AGR Document 20 Filed 11/05/15 Page 5 of 5 Page ID #:101

I hereby certify that on November 5, 2015, a copy of the foregoing Motion

this action addressed as:

[X ] BY MAIL: by placing the document(s) listed above in a sealed

/s/ Leontyne Fan

Case 2:14-cv-05097-GW-AGR Document 20-1 Filed 11/05/15 Page 1 of 2 Page ID #:102

Tommy SF Wang SBN: 272409

JAT Wheels, Inc., a California

Case No.: 14-CV-05097-GW-AGRx

I, Tommy SF Wang, declare as follows:

I am over the age of 18 years old, and am the Attorney of Plaintiff

herein. I make this Declaration in support of Plaintiffs Motion for Entry of

Default Judgment (Federal Rule of Civil Procedure 55(b)).

Case 2:14-cv-05097-GW-AGR Document 20-1 Filed 11/05/15 Page 2 of 2 Page ID #:103