UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
November 13, 2008
CALLAWAY GOLF COMPANY, A DELAWARE CORPORATION, PLAINTIFF,
KING SPORTS, INC., A GEORGIA CORPORATION, ET AL. DEFENDANTS.
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER CLOSING CASE AND DIRECTING THE CLERK TO ENTER JUDGMENT
In this patent and trademark infringement, breach of contract, and business tort action, Plaintiff and Defendants entered into respective settlement agreements. (See docket no. 16, 22 & 25.) The parties stipulated to certain findings of fact, a permanent injunction and entry of a final judgment. Although Plaintiff had settled its dispute with all named Defendants, it appeared at the time of the last settlement that Plaintiff intended to add two new defendants to the action.
Joint Motion and Stipulation Regarding Final Judgment, Permanent Injunction and Order Thereon -- AMPRINS Golf, Inc., Prins Chang and Callaway Golf Company filed Jul. 28, 2008 and orders filed Aug. 4, 2008.) To give Plaintiff an opportunity to amend the complaint and add party defendants, the court declined at that time to enter final judgment, and left the case open for seven calendar days. (See orders filed Aug. 4, 2008.) Because Plaintiff did not timely file an amended complaint, the case shall be closed and a judgment entered against named Defendants on the stipulated terms.
Accordingly, IT IS HEREBY ORDERED that this case shall be closed and the Clerk shall enter judgment for Plaintiff. The judgment shall incorporate by reference the stipulated terms stated in the parties' joint motions filed April 24, 2008, July 11, 2008 and July 28, 2008 (docket no. 25).
IT IS SO ORDERED.
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